Are you a victim of a construction accident? You may feel like you’re in over your head. Should you file a workers’ comp claim? Who do you contact? Do you need to file a lawsuit?
Working with a NY construction accident lawyer can help you confidently navigate an accident claim and maximize your compensation. But you may wonder: Do I really need a lawyer, or can I handle my case myself?
Read ahead to learn the benefits of working with a construction accident attorney.
Why Hire an Attorney for a Construction Accident?
Construction accidents can occur anywhere a construction crew is present, but these accidents tend to be more common in New York City than in other regions. NYC is densely packed with cars, buildings, and numerous construction zones, and some crews don’t follow adequate safety measures to prevent accidents.
In 2022, 554 construction injuries occurred in New York City, according to the 2022 New York City Construction Safety Report. That same year, 22 construction workers were killed while on construction sites, according to Gothamist.
As the victim of a construction accident, you have a right to seek compensation from the liable party. Working with a construction accident attorney can ensure you approach your case strategically and improve your chances of success.
Here are the benefits of working with a construction accident lawyer:
Help You Navigate Workers’ Compensation
If your construction accident happened while performing your job duties, you’ll likely qualify for workers’ compensation. Your attorney can help you understand the ins and outs of workers’ comp and walk you through the filing process.
You can seek workers’ compensation in New York whether your employer was directly responsible for the accident or not. This benefit can provide you with two-thirds of the average weekly wage for up to 52 weeks after the date of the accident. The average weekly wage in New York varies; for the period between July 1, 2023, and June 30, 2024, the maximum you can seek in workers’ comp benefits is $1,145.43 per week.
In 2022, the Workers’ Compensation Board in New York processed nearly 11 million claims, many of which were filed by attorneys. Your attorney can help you submit your claim within the appropriate deadlines and ensure you seek the maximum compensation you’re eligible for.
Explore Grounds for Claims Outside Workers’ Compensation
Depending on your accident’s circumstances, someone could be directly liable for your injuries. If this is the case, your attorney may advise you to pause your workers’ compensation claim and seek legal action against that party directly.
Filing a workers’ compensation claim prohibits you from holding your employer liable for your injuries down the line. But if your employer violated OSHA regulations or otherwise caused your accident, you may have the opportunity to seek more compensation through a personal injury lawsuit than you could through a workers’ comp claim.
Alternatively, another party, such as an equipment manufacturer or a driver who struck you at the construction site, could be liable. You may be able to hold this party financially liable and file a workers’ comp claim.
Your NY construction accident lawyer will help you determine the compensation methods you’re eligible for and ensure you apply for every benefit to maximize your compensation.
Allow You Time To Focus on Recovery
Construction accidents can have severe consequences, ranging from broken bones to traumatic brain injuries. While you seek medical care and focus on recovering from the accident, your lawyer can handle the logistics of seeking compensation.
Your attorney can take all of these tasks off your shoulders:
- Filing paperwork with the appropriate parties
- Collecting evidence to support your claim
- Communicating with insurance companies and other parties on your behalf
They will keep you updated about your claims process while handling as many tasks as possible for you, reducing the stress and burden of your claim.
Represent You in Court, If Necessary
Should you decide to file a lawsuit against the at-fault party, your attorney will be your legal guide, walking you through the court process and representing you in front of a judge or jury.
Lawsuits may feel intimidating, but they’re often necessary to maximize compensation. If your attorney thinks filing a lawsuit may be in your interests, they will explain the process to you in advance, then guide you every step of the way. They’ll have extensive evidence about your accident and injuries they can use in court to show that the defendant was liable.
Consult an Experienced Bronx Construction Accident Lawyer
Seeking legal guidance and representation after a construction site injury can ensure you navigate your case strategically while allowing you to focus on recovery. The attorneys in Dervishi Law Group, P.C., have vast experience representing construction accident victims across New York City and the surrounding areas.
Call 718-484-4757 to speak with an attorney from our law firm about your case; we’re available 24/7.
Frequently Asked Questions
How do accidents at construction sites occur?
Construction site accidents may be due to a range of hazards, often happening when workers lack the proper protective equipment and safety measures to perform their jobs safely. Common causes of construction accidents include tripping and falling over hazards, falling from heights, removal of safety guards from power tools, and electrocutions.
What is the deadline for filing a workers’ comp claim for construction accidents in New York?
The deadline to notify your employer about an accident is 30 days from the accident date. Exceeding this deadline could prohibit you from claiming workers’ compensation benefits. However, once you report your accident, you’ll have two years to file a workers’ compensation claim.
Do you need a construction accident lawyer to seek compensation after an accident?
You don’t necessarily need a lawyer to seek compensation after a construction accident, but proceeding without legal assistance is inadvisable. Your attorney can help you maximize compensation and approach this process correctly.
Are you dealing with a construction site injury? Contact Dervishi Law Group, P.C., today for assistance.
