WHAT ARE MY RIGHTS AFTER A CONSTRUCTION ACCIDENT?
There are special laws in the state of New York to protect construction workers on construction sites in the state of New York. Those special laws make the owner and the general contractor responsible for the subcontractors on the site also. That means that even if you’re injured by a subcontractor, the owner and the general contractor can still be held responsible for your injuries. And your recovery can come from them, not necessarily the subcontractor.
Understanding your rights is important to get the compensation you deserve for your rights. In the United States there is a federal agency dedicated to ensure that workplaces are safe for all men and women working there. They also provide training and education to employers and employees to set safety standards. The name of this agency is the Occupational Safety and Health Administration (OSHA), which is part of the U.S. Department of Labor. Another way of learning more about your rights is seeking legal counsel from an experienced construction accident attorney.
AFTER A CONSTRUCTION ACCIDENT YOU ARE ENTITLED TO SEEK FOR:
Construction accidents can result in minor injuries that may not need medical assistance to severe injuries that can leave a worker with permanent consequences. All employers in New York are required to have workers’ compensation insurance. In case an employee is injured while working, the worker can file a claim with the workers’ compensation board to be able to receive their workers’ comp benefits. Regardless of the severity of the injuries sustained by the worker, they have rights and they can seek compensation.
Medical attention
Obtaining medical attention is one of the most important things to do after a construction accident. Following an accident on a construction site, you have the right to seek medical treatment for your injuries, which should be covered by your workers’ compensation benefits. You may be required to follow some rules. Some insurance companies, for example, will provide you with a list of approved medical providers to whom you can go. If you want to see a different doctor or hospital, you will almost certainly need to seek approval from the workers’ compensation board. If your injury is severe, you will need to go to the nearest emergency room, which should be covered by your workers’ compensation benefits.
Fair compensation
It is very common for an injured worker to be unable to return to work immediately following a construction accident. They may have to miss work for several days or even weeks in some cases. As you might expect, not working means losing money. Rent, bills, and other obligations will not wait until you are completely recovered. As a result, you have the right to seek restitution for your lost earnings. Unfortunately, workers’ compensation benefits do not cover all of an injured worker’s lost wages. A doctor will evaluate the worker’s injury, and the injured worker will receive a portion of their lost wages based on the severity of the injury. With the assistance of a construction accident lawyer, you can determine how much money you should be receiving from your workers’ compensation benefits. It is critical to ensure that you are not being underpaid.
Reasonable recovering time
You may be unable to return to work and will need to rest depending on the severity of your injury and the nature of your job. For example, if the doctor determines that you need to rest for two weeks, your employer must respect that decision and cannot retaliate in any way.
STEPS TO TAKE IMMEDIATELY AFTER THE CONSTRUCTION ACCIDENT
You may be unsure what to do following a construction site accident. However, there are some critical steps you must take to protect your rights. Failing to follow these steps may affect your chances of getting the compensation you deserve.
Seek medical assistance
A lot of workers tend to ignore some injuries because they feel well, however, you should see a doctor after a construction accident. Some injuries are difficult to detect. A doctor may be able to detect them before they worsen.
Report the accident
Your employer needs to be notified about the accident. You need to let them know that you are injured and if your injuries are severe you should also let them know that you need to go to the emergency room. As soon as you are feeling better, you should send them an email including some relevant information about the accident, like the date and time and the injuries you suffered. Just be careful and do not give more information than needed. Do not say that it was your fault or someone else’s fault.
Collect evidence
Photograph and videotape the accident scene. Attempt to collect as much evidence as possible immediately following the accident. You can try to obtain the contact information of any witnesses. That way, your lawyer can contact them and obtain a statement from them. Make sure to also keep copies of your medical expenses and other out-of-pocket expenses.
File a claim with the workers’ compensation board
Like previously mentioned, if you are injured at work you have the right to file a claim with the workers’ compensation board. Make sure to do this right after the accident to start receiving your benefits as soon as possible.
Contact a construction accident lawyer
Working with a lawyer is always a good idea. A lawyer can help you understand your rights and provide you with professional legal advice. They will not only look over your case and make sure you get the compensation you deserve. They can also help you gather evidence, negotiate with insurance companies, and act on your behalf as needed.
BEATING THE INSURANCE COMPANY
Negotiating with insurance companies is one of the most difficult aspects of obtaining compensation for your injuries. Insurance companies frequently offer injured workers settlements that are insufficient in comparison to their losses. They may also refuse to pay for some damages and will almost certainly claim one of the following:
- The accident is not covered by the policy
- Your injuries are not as bad as your reported them
- The medical treatment or exams you are requesting are not needed
Negotiating with insurance providers is hard and time consuming. One of the advantages of working with an experienced construction accident attorney, is that they know insurance companies tactics and they know how to fight them.
GREENBERG & STEIN CONSTRUCTION ACCIDENT ATTORNEY
After a construction accident seeking legal advice from a professional is one of the wisest things to do. Greenberg & Stein P.C. is a prestigious law firm in New York where you can find experienced construction accident attorneys. Our legal team is ready to help you get the compensation you deserve. Call us at 888-716-3843 to schedule a free consultation to review your case.