Long Island Construction Accident Lawyer
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Content reviewed by: Alex Shulman
- Last updated: Nov. 18, 2024
Construction sites are full of potential hazards. All property owners, managers, general contractors or other subcontractors must enforce safety regulations to keep workers and visitors safe. Despite the importance of complying with these protocols, the responsible parties may fall short of their duty, and construction workers can get hurt.
If you or a loved one got hurt in a construction accident on Long Island, New York, you may have options for compensation. A Long Island construction accident lawyer from our team can help you identify the liable parties and hold them accountable. At Shulman & Hill, we can also help you with your workers’ compensation case. We offer our legal services on a contingency-fee basis, so we only take a fee after we secure a financial recovery for you.
Reach out to Shulman & Hill today to begin your free consultation: (866) 880-0645.
Types of Compensation You Can Seek in a Construction Accident Case
Our work injury attorneys have helped many clients recover damages. Every case is unique, however. To determine how much we could seek for you, we will investigate the specific circumstances of your accident and collect evidence to build a compelling case to recover compensation for you.
While the circumstances of your injuries determine your legal options, our team can prove whether a third party was responsible for your construction accident injuries. If so, you may be able to recover compensation by two means.
Workers’ Compensation Benefits
If you were injured at work, you may qualify for workers’ compensation benefits. Most employers in New York must provide this insurance coverage for their workers. Workers’ comp provides benefits such as:
- Medical expenses (e.g., emergency care, hospital stays, medications, medical equipment, diagnostic testing, surgeries, physical therapy, and follow-up care)
- About two-thirds of your lost income
- Disability
- Death benefits if your loved one passed away from their injuries (e.g., funeral and burial costs)
You cannot recover non-economic damages in a workers’ compensation claim. Additionally, you cannot sue your employer or coworkers for on-the-job injuries in New York. Instead, the state requires workers’ compensation coverage. However, you might have a personal injury case if a third party’s carelessness caused your accident and injuries.
Damages Via a Third-Party Lawsuit
You may have grounds to file a third-party lawsuit against one of the following parties:
- The property owner
- The property manager
- A general contractor or subcontractor
- A product manufacturer
After you identify the liable party, you can pursue compensation for your expenses and losses. This includes both economic damages, such as medical bills and lost income, as well as non-economic damages, like pain and suffering, scarring, and disfigurement.
To recover compensation in these cases, we must have evidence to show the liable party’s carelessness or recklessness caused the injuries and your losses. This may require an investigation, analyzing evidence, working with experts, and taking other steps to document what happened and who is legally responsible.
Shulman & Hill obtained a $2,500,000 settlement for a non-union laborer
Shulman & Hill obtained a $2,000,000 settlement for an immigrant laborer
Shulman & Hill obtained a $1,175,000 settlement for a 29-year-old construction worker
Shulman & Hill obtained a $1,500,000 settlement for an undocumented day laborer
Shulman & Hill obtained a $1,500,000 settlement for a bus driver
How Our Lawyer Can Handle Your Long Island Construction Accident Case
Taking care of your injuries after a construction accident should be your only focus, not figuring out how long you have to file a case or negotiating for a fair settlement. Leave that to our firm instead. While you’re in recovery, our Long Island construction accident attorney can:
Obtain and Organize Evidence
While a workers’ compensation claim does not require you to show fault, you may need to have strong evidence to hold a company or property owner accountable through a third-party lawsuit. Common types of evidence claimants include in their cases are:
- Medical records
- Income statements
- The incident report
- Photos of the incident scene
- Photos of the injuries
- Video that captured the incident
- Statements from eyewitnesses
- Medical expert statements
- Documents showing expenses and losses
This information can also help us determine who to pursue for your damages. We may complete a comprehensive investigation in some cases, including accident scene surveys and accident reconstruction. Our work injury attorneys know how to develop a strong case based on many types of workplace injuries, including collisions and ladder and scaffolding falls.
Communicate With Anyone Involved in Your Case
Dealing with the back and forth with insurance companies and legal teams can get tiresome and stressful fast. Our lawyers can take on all communication with these parties, so you don’t have to constantly keep track of emails and phone calls.
Also, the language and tactics the insurance company uses can hurt you when it comes time to negotiate a settlement. When they call you a couple of days after the accident and ask how you’re doing, you may respond, “I’m fine.” Although this reply may seem honest and harmless, the insurance company could use it against you and say that since you’re fine, you don’t need the compensation you demand from them.
At Shulman & Hill, we’re no strangers to how these companies operate, so we can ensure the insurance company doesn’t act in bad faith.
Obtain Fair Compensation
After your attorney evaluates your damages, they can handle the process of getting the compensation you deserve. Whether they need to negotiate a settlement or present your case at trial, our attorneys can do what’s necessary to achieve fair case results.
This is true in both third-party personal injury cases and your workers’ compensation claim. We understand how these cases work together to help injured construction workers recover the money they need to pay their bills and cover their lost income.
For example, workers’ comp pays for a portion of your lost income. However, you may need to recover additional damages for your current and future income losses through a third-party claim to pay your bills.
How Insurers May Refuse Paying Out Your Construction Accident Case
Sometimes, insurance companies challenge workers’ compensation claims and third-party cases. When this occurs, our lawyers know how to counter these challenges and pursue the compensation our clients need and deserve. The insurance carriers could say that:
- You were intoxicated at the time of the accident
- You caused your injury on purpose
- You were engaged in horseplay when the accident occurred
- You were not on the clock when the accident happened
- Your injuries aren’t that serious, so you don’t need much compensation
- Your injuries are worse than they should be because you waited too long to see a doctor
- What you’re experiencing is a symptom of a pre-existing condition
The evidence we previously mentioned can help counter these allegations. With strong evidence to support your personal injury and worker’s compensation case, our team can fight for the payout you deserve based on your case facts.
Understanding the Advantage of Hiring Both Attorneys From the Same Firm
When an injured construction worker has both a workers’ compensation claim and a third-party injury case, they often need two different attorneys to handle their financial recovery. If there are concerns about their workers’ comp recovery, a lawyer might be necessary to manage the process and fight for their benefits.
A personal injury case against the property owner or another company also takes the knowledge and experience of an attorney to give you the best shot at recovering compensation.
When you choose Shulman & Hill to represent you, we have departments for both types of cases within the same firm. This provides a significant advantage over hiring separate firms to handle your case because you will not have to serve as a go-between to ensure your attorneys share evidence or communicate with one another.
How Much It Costs to Hire Our Long Island Construction Accident Attorney
We understand that you have a lot on your plate right now—physically, emotionally, and financially. At Shulman & Hill, we want to lighten that load and take your case on a contingency-fee basis so you don’t pay any upfront costs.
We will take a fee for our services from the compensation you receive once we resolve your case. You don’t have a dime to lose when you partner with our construction accident lawyers on Long Island.
Deadlines for Filing Construction Accident Cases in New York State
When you file a lawsuit, you must comply with certain deadlines. According to the New York State Workers’ Compensation Board (WCB), employees generally have 30 days to notify their employer about their injury and two years to file a workers’ compensation claim.
When you file a third-party case for personal injury, CPLR § 214 typically sets a three-year deadline. Those who lost their loved ones to their construction accident injuries have less time. Per EPTL § 5-4.1, wrongful death claimants generally have up to two years to file.
Failure to adhere to your applicable deadline usually forfeits your right to compensation. However, if you get a lawyer from our team involved with your case soon enough, we can determine which deadline applies to you and help you comply with it.
An Overview of Construction Accidents Near Long Island
According to the Occupational Safety and Health Administration (OSHA), 4,764 workers passed away due to on-the-job injuries in 2020. Almost 1,000 of these deaths were in the construction industry. Fatal construction accident statistics in neighboring New York City illustrate the severity of the situation for our region’s workers.
The private construction industry in NYC saw the highest number of fatal work accidents in 2021, according to the United States Bureau of Labor Statistics (BLS). Of the 22 deaths, 12 occurred in slip, trip, and fall accidents. Some of these victims likely lived on Long Island, like many others who suffered injuries in similar accidents.
Common causes of construction accident fatalities include:
- Lack of eye and face protection
- Falls from high elevation
- Scaffolding issues
- Ladder accidents
- Struck-by accidents
- Electrical accidents
- Building collapses
- Unsafe or defective equipment
- Forklift injuries
- Welding accidents
Many injuries can come from these incidents, such as:
- Burns
- Electrocution
- Eye injuries
- Back and neck injuries
- Spinal cord injuries
- Broken bones and fractures
- Crushing injuries
- Traumatic brain injuries (TBI)
- Deep lacerations
If you suffered any of these injuries or others in a construction accident, you might have grounds to recover damages via a claim or lawsuit. If you were working at the time of the injury, you could also qualify for workers’ compensation benefits. Our work injury lawyers serving Long Island can handle both cases simultaneously, meaning you do not need to worry about hiring a separate law firm to handle your workers’ comp benefits.
What to Do After a Construction Accident Injury on Long Island, New York
Because construction sites pose serious dangers, everyone should exercise caution to avoid injuries. If an accident happens, take the following steps:
Notify Your Employer Right Away
The WCB typically gives 30 days for employees to inform their employer about their injuries—but the sooner, the better. They may have you fill out an incident report, so ensure you include every detail you remember before, during, and immediately after the event.
Seek Medical Care
Getting prompt medical care is crucial for your health, as you may not know how severe your condition is until then. The longer you wait, the more time your injuries may worsen, potentially opening the door for long-term damage.
Also, prompt medical care shows the insurance company that the accident caused your injury. This way, they have a more difficult time arguing the validity of your claim.
Contact Shulman & Hill for Help With Your Long Island Construction Accident Case
Construction sites come with inherent risks, so everyone on the property must follow all safety protocols to avoid accidents. Unfortunately, they still happen, but that doesn’t mean you have to deal with the consequences on your own. A Long Island construction accident attorney with our firm can help you recover compensation for your damages.
Contact Shulman & Hill today for a free consultation: (866) 528-3139.