If you were injured in a construction accident, you should seek immediate medical treatment, even if your injury is not life-threatening. This will help document your injury before it heals, and provide a diagnosis that can serve as the basis for a treatment plan to lead you toward recovery.
From the perspective of protecting your legal rights, a prompt medical examination will also provide strong evidence connecting the accident and your injuries. You should also report your accident to your employer to help create a paper trail of the incident. You can also consult a New York construction accident lawyer to protect your rights.
- Act Quickly After Your Construction Accident
- Do I Need Legal Representation After a Construction Worksite Accident?
- Liability for Construction Site Accidents
- What If I Am Being Blamed After a Construction Accident?
- What Damages Can I Seek If I Was Injured in a Construction Accident?
- Get Help from Friedman & Simon Injury Lawyers L.L.P. Today
Act Quickly After Your Construction Accident
Above all else, make sure you seek immediate medical attention. Some injuries may take time to fully manifest and quickly get worse without prompt treatment. Traumatic brain injuries, broken bones, internal bleeding, and other injuries take weeks, months, and even years to recover from. Some injuries have a lifelong impact and can even be fatal, especially when you delay medical help.
Additionally, make sure to report the accident to your employer as soon as you know you are out of harm’s way. An incident report will help provide helpful details for your case.
When possible, get pictures or video from the accident scene before it becomes compromised, and try to document any witnesses to the accident. Write down their names, or simply try to remember their physical attributes to help you find them later. Ideally, you want their contact information, potentially allowing you to use their testimony later.
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Do I Need Legal Representation After a Construction Worksite Accident?
If you were injured while in the course of your employment, you will probably have workers’ compensation coverage. However, there may be options for you to recover compensation in a personal injury lawsuit against a liable party.
A New York personal injury lawyer will determine if you have a case and explore your options for compensation. Speaking with a representative of a law firm can help you better understand the obstacles you may be facing and your legal options moving forward.
Ultimately, if you do decide to work with a lawyer on your case, they will offer guidance during a confusing time while also maintaining the ability to take your case to trial if the situation calls for it. They will use their legal training to help protect you and give you time away from the case to focus on your recovery.
Liability for Construction Site Accidents
There are an infinite number of negligent actions on a construction site that can potentially result in accidents that cause injuries. For example, ignoring safety measures, operating machinery under the influence, and not displaying warning signs are just some potential acts of negligence. In most cases, liability is placed on the individual whose negligent, ignorant, malicious, careless, or fraudulent behavior led to your injuries.
However, just because someone directly caused your injury, does not mean they will be the person held responsible for paying out damages. For example, if one of your fellow employees is using a nail gun and the tool malfunctions, resulting in your injuries, the presiding court may rule that the manufacturer of the nail gun is liable because they allowed a defective product to be put on the market, thereby resulting in your injuries.
Generally, any party that puts you in harm’s way may be held responsible for your losses. However, the rules in this area of law are frequently technical, complex, confusing, and even counterintuitive.
A Look at Labor Laws That Are Important to Construction Accident Injury Cases
Under the Labor Law of New York, some parties involved in construction accidents that were not directly negligent may still have legal and financial responsibility for injuries.
Under the Workers’ Compensation laws of New York, parties who were negligent and whose negligence was the direct cause of your injuries may have a defense to any lawsuit brought against them for the damages caused by that negligence. (i.e., Since Workers’ Compensation benefits are available in almost all “on the job,” injuries, employers and fellow employees are shielded from litigation brought directly against them for those covered events.) The application of these and other important laws are among the reasons that a construction site accident lawyer is a wise course of action for an injured worker.
Parties that may potentially be held accountable for your injuries will include:
- Manufacturers
- Architects
- Subcontractors
- Property owner(s)
- General contractor
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What If I Am Being Blamed After a Construction Accident?
In accordance with New York Civil Practice Laws & Rules (CPLR) §1411, contributing to your accident does not bar you from recovering damages. However, your damages can be diminished according to how responsible you are for the accident. Your level of fault will be converted into a percentage, which will then be taken out of any settlement you receive.
For example, if you are awarded $1,000,000. after a construction accident, but you were determined to be 20% at fault, your settlement will be reduced by 20%, bringing your final award to $800,000.
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What Damages Can I Seek If I Was Injured in a Construction Accident?
Every case is unique, so construction accident victims can have very different losses and needs. Some of the damages you can seek include:
Medical Expenses
Construction accidents often leave workers and other victims with extensive injuries. Our lawyers will seek compensation that addresses all of your bills, including those you need in the future to address your harm. These bills help with expenses related to:
- Surgeries
- Hospital stays and emergency transportation services
- Medication and medical devices
- Physical and occupational therapy
- Mental health services
If you were injured in a construction accident, keep any of your bills and invoices. These financial records, along with medical professionals, can help your legal team assess the extent of your medical expenses.
Emotional Damages Related to Your Construction Accident
Pain and suffering and other emotional and mental losses are often significant for construction accident victims. Whether your quality of life is diminished or your life is affected in some other way, we will fight for recognition of these losses.
Lost Income and Lost Earning Capacity
During your recovery, you are likely missing out on income that is crucial to your family. Your injuries can even hurt your ability to continue working this job or other roles. A construction accident attorney will make sure to fight for any professional losses you may suffer after your injuries.
Get Help from Friedman & Simon Injury Lawyers L.L.P. Today
Here at Friedman & Simon, L.L.P., we understand the frustration and uncertainty that comes with construction accidents. Our construction attorneys want you to know that we will be there for you as your case progresses. When we represent you, our attorneys will keep you updated on your case, identify liable parties, communicate with all parties for you, gather evidence, assess damages, and fight for a settlement or verdict.
We offer representation on a contingency-fee-basis with no out-of-pocket fees required. If you are wondering what you should do if you were injured in a construction accident, Friedman & Simon, L.L.P. invites you to call us today for a free consultation on your case with a member of our team. Our multilingual staff takes calls in Spanish, Greek, Bengali, Tamil, and Kannada.
Call or text 516-932-0400 or complete a Free Case Evaluation form