Injuries that occur while working in the construction industry have the potential to devastate your health and financial stability. Even something as straightforward as a slip and fall can bring long-lasting injuries and severe mental anguish. Thankfully, all construction companies must retain a workers’ compensation insurance policy that provides payments to injured workers for all necessary medical care and partial wage reimbursement. However, these policies are unlikely to provide full financial stability, nor can they pay for your emotional losses.
In certain situations, injured workers may work with an experienced personal injury attorney against their employers, coworkers, or the manufacturers of construction equipment. These lawsuits can fill the gap left by workers’ compensation benefits. A Nanuet construction accident lawyer from StolzenbergCortelli, LLP is ready to evaluate whether these cases are appropriate and take the lead in demanding full compensation.
People who are on the job enjoy significant protection under the law. New York requires all employers to obtain workers’ compensation policies that provide benefits to workers who suffer injuries while on the job. However, these benefits only come in specific forms. More precisely, a successful claim can result in the payment of medical bills associated with an injury that occurred while doing one’s job. In addition, there could be payments that provide partial wage reimbursement for missed time on the construction site and any future disability.
By contrast, a personal injury case can always seek out payments for the full extent of a construction worker’s losses. This can include full wage reimbursement and even payments for lost quality of life. The purpose of a personal injury claim that moves forward in tandem with a separate workers’ compensation claim is to collect the extra damages that workers’ comp can never pay. One of StolzenbergCortelli, LLP’s Nanuet construction accident attorneys could explain in greater detail how these two types of claims interact and complement each other.
The purpose of workers’ compensation insurance is to shield an employer from direct liability from a workplace accident. In most cases, this is how the law will handle these incidents, and it will be a person’s only source of compensation. However, a number of incidents that occur in the workplace may still leave an employer liable or might allow an employee to hold another party responsible.
If the injury was the result of the employer’s gross negligence, that employer might be liable for all compensation that does not fall under the umbrella of workers’ comp. Examples can include knowingly failing to provide proper safety equipment or not following OSHA rules for safety.
In other cases, a third party may share blame for an incident. This could include cases involving a co-worker being drunk on the job or even examples where a company that makes construction equipment allowed a defective product to appear on the job site. A Nanuet construction accident lawyer from StolzenbergCortelli, LLP could help evaluate whether these cases are appropriate.
They can also determine if the time is right to pursue a case. New York Civil Practice Law & Rules § 214 gives people three years from the date of injury to demand payment in a civil lawsuit. Especially if a workers’ compensation case has moved slowly through the appeals process, it is vitally important to reach out to legal counsel as soon as possible.
Injuries are common occurrences at construction sites throughout the Nanuet area. Even when you take all precautions and do your job properly, it could result in injuries that require extensive medical care, devastate your quality of life, and cause you to miss time on the job. While a workers’ compensation claim can bring payments for medical bills and partial wage reimbursement, you may still be out many thousands of dollars and receive no comfort for your emotional pain.
Pursuing a lawsuit following a construction accident may be an option if your employer was grossly negligent in allowing an accident to occur, or when a third party was responsible for the incident. StolzenbergCortelli, LLP works hard to represent you against the responsible parties. One of our Nanuet construction accident lawyers could evaluate your claim and aggressively seek out the full payments that you deserve. Contact us now to learn more.