Garden City NY Construction Accident Lawyer

You Could Have Options After a Construction Accident

If you sustained injuries in a construction accident, you could be entitled to recover monetary compensation. What you might not realize is that there could be more than one avenue for securing this compensation, depending on the circumstances of your injury.

Workers’ Compensation Claims

Workers’ compensation claims are the primary avenue for compensation for workers injured in a construction accident. Most employees are covered by workers’ compensation policies covered by their employer.

The workers’ compensation system is “no-fault,” meaning that you are entitled to benefits no matter who was at fault for the construction accident. While this should provide you with certain compensation after an accident, insurance companies often seek excuses to deny these claims. Our firm could help address any issues with your claim and guide you through the process.

While these benefits could pay for your medical care and replace some of your lost wages, there are limitations on what is available through the workers’ compensation system. Other types of damages—like pain and suffering—are only an option through a lawsuit.

Personal Injury Lawsuit

Typically, a person that suffers an injury due to the negligence of another person could pursue a civil lawsuit against the responsible party. When it comes to construction accidents, that option is not always available.

As part of the workers’ compensation system, many employees are barred from pursuing a lawsuit against their employer. This is the tradeoff that comes with access to workers’ compensation benefits.

Exceptions to This Rule

That said, there are some exceptions to this rule that could allow for a personal injury lawsuit following a construction site accident. First and foremost, workers’ compensation laws only prevent an employee from pursuing legal action against their employer or coworkers.

That means that individuals that are injured in a construction site accident and are not employees could pursue a lawsuit for damages. This option could be available for bystanders that suffer injuries in a construction site accident.

Another option provides construction workers with the opportunity to file a personal injury lawsuit after a construction site accident. While the law may not allow the worker to sue their employer, they could pursue legal action against a third party unaffiliated with the construction site. For example, a construction worker could pursue legal action against a manufacturer if a defective piece of machinery caused a workplace accident.

Our Lawyers Can Help Ensure Your Nassau County Case is Filed on Time

Whether you are considering a workers’ compensation claim or a personal injury lawsuit, it is important to remember that there are deadlines you must comply with. What’s more, the deadline differs depending on the type of case you choose to pursue.

Deadlines for Workers’ Compensation Claims

Under state law, there are important deadlines that come with the pursuit of a workers’ compensation claim. For starters, you must notify your employer shortly after your construction accident injury.

This notification should occur as soon as possible but no later than 30 days after the injury. The sooner you report the injury to your employer, the sooner you could recover compensation for your injuries.

There is also a deadline to file your claim with the New York Workers’ Compensation Board. State law requires you to file your claim within two years of the date of your injury. Our firm could help you prepare your claim before you file it with the state.

Statute of Limitations for a Personal Injury Lawsuit

If you pursue a civil lawsuit following a construction accident, you must comply with something known as the statute of limitations. The statute of limitations is the legal doctrine that applies a deadline to every personal injury lawsuit. In Garden City, the statute of limitations is governed by CVP § 214. Generally, this statute limits the ability to file a lawsuit at three years from the date the construction accident happens.

However, the time you have to file your lawsuit could be much shorter if you pursue a case against a government agency. In these situations, you generally have as little as 90 days to move forward with the process.

The failure to comply with the statute can have dire consequences for your personal injury lawsuit. In many cases, the court will have little choice but to dismiss the lawsuit with prejudice. This means you lose your chance to ever secure compensation for your injuries.

Common Examples of Construction Accidents

Construction sites are considered one of the most dangerous work environments in the country. There are countless hazards in unfinished buildings, and many of them could result in permanent or even fatal injuries. Some of the most common types of construction site accidents include:

• Falls
• Scaffold accidents
• Falling debris
• Electrocutions
• Gas leaks
• Machinery accidents
• Motor vehicle collisions
• Exposure to harmful chemicals

Our firm could evaluate your case and identify the factors that led to your injury. After our investigation is complete, we could explain your legal options moving forward.

You Could Be Entitled to Damages After Your Garden City Construction Accident

The result of a construction accident can be devastating. While many accidents result in fatal injuries, others could have long-lasting consequences. The good news is you could have more than one avenue for financial compensation after an accident at a construction site.

The Law Office of Cohen & Jaffe, LLP is prepared to help you pursue the compensation you need. From personal injury lawsuits to workers’ compensation claims, our team can guide you through every step of the process. If you are ready to learn how our Garden City NY construction accident lawyer could help, call (866) 878-6774 for your free consultation.