The construction industry is one of the leading employers in the Yonkers area. Thousands of people rely on these jobs to provide income for their families and for career stability. However, working in construction is always a risky career choice and a variety of dangerous situations can lead to injuries. When these incidents occur while on the job, it is essential to understand your legal rights and how you may be able to collect compensation for your losses.
A Yonkers construction accident lawyer from StolzenbergCortelli, LLP could help you to pursue your case. This can involve a workers’ compensation claim but also might require civil lawsuits that look to fill the gaps in workers’ compensation benefits packages. In short, a committed personal injury attorney demands the full payments that you deserve through every possible legal remedy.
State law requires all construction companies, regardless of their size or number of employees, to obtain a workers’ compensation insurance policy. These policies serve to protect both employees and company owners in the event of an accidental injury.
For workers, these policies can provide payment for the costs of all needed medical care and reimbursement for lost wages due to time spent off the job. For employers, these policies are a shield against many allegations of negligence that results in a worker’s injuries.
Sadly, obtaining benefits through a workers’ compensation insurance claim can be a difficult task. Employers and insurance companies may dispute the source of an injury or disagree with a worker concerning the seriousness of an injury. A StolzenbergCortelli, LLP construction accident attorney could help employees in Yonkers pursue an appeal after a denial of benefits or an insufficient benefit offer.
While most injured workers have the right to pursue benefits under a workers’ compensation claim, this may not be enough to cover the full extent of their losses. A workers’ compensation claim will only provide a portion of a person’s lost income. In addition, it can never order an employer to provide compensation for emotional traumas and other lost quality of life connected to the incident.
Because of this, it may be possible to pursue a separate civil case against a third party. These cases can demand payment that goes beyond the benefits in a workers’ comp claim but does require employees to prove fault for an incident. New York Civil Practice Law & Rules § 214 decrees that people pursuing these cases have only three years following an injury to demand payment. These types of injuries range from hazardous materials and highway accidents to scaffolding injuries and unsafe job sites.
Unlike workers’ compensation claims that operate on a no-fault model, personal injury claims always place the burden on a plaintiff to show liability for an injury.
A Yonkers construction injury attorney from StolzenbergCortelli, LLP could provide more information about civil lawsuits that could help fill the gaps left in an injured worker’s compensation benefits.
Workplace injuries are a fact of life for employees in the construction industry. Whether the injury was the result of a third party or a defective safety device, you will likely have the right to pursue a lawsuit against a party responsible for your injuries.
At the same time, one of StolzenbergCortelli, LLP’s Yonkers construction injury lawyers could evaluate whether a separate lawsuit may be appropriate to fill the gaps that workers’ compensation claims often leave open. Reach out to an attorney now to schedule your appointment.