Long Island Construction Accident Lawyer
Construction sites are full of potential hazards, so all property owners and managers must enforce safety regulations. Despite the importance of complying with these protocols, the responsible parties may fall short of their duty, and construction workers can get hurt in an accident as a result. If you or a loved one got hurt in a construction accident in Long Island, New York, you may have options for compensation.
A construction accident attorney in Long Island, NY can help you identify who could bear liability for your damages and hold them accountable. At Shulman & Hill, we can also help you seek workers’ compensation benefits. We offer our legal services on a contingency fee basis, so we only take a fee if we secure a financial recovery for you.
Reach out to Shulman & Hill today to begin your free consultation: 516.613.3196.
An Overview of Construction Accidents in the United States
According to the Occupational Safety and Health Administration (OSHA), 5,333 workers passed away due to on-the-job injuries in 2019. About 20 percent of these cases 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 2020. (United States Bureau of Labor Statistics)
Common causes of construction accident fatalities include:
- Lack of eye and face protection
- Falls from high elevation
- Scaffolding issues
- Ladder accidents
- Struck-by accidents
- Fires and explosions
- Electrical accidents
- Building collapses
- Unsafe or defective equipment
- Forklift injuries
- Welding accidents
Many injuries can come from these crashes, such as:
- Eye injuries
- Back and neck injuries
- Spinal cord injuries
- Toxic inhalation
- Broken bones and fractures
- Crushing injuries
- Traumatic brain injuries (TBI)
- Deep lacerations
If you suffered any of these injuries in a construction accident, you might have grounds to recover damages via a claim or lawsuit.
Types of Compensation You Can Seek in a Construction Accident Case
Our personal 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 and evidence for your case.
Whether or not a third party was responsible for your construction accident injuries, 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, 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
- 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 generally cannot sue your employer if you collect workers’ compensation.
Damages Via a Third-Party Lawsuit
You may also have grounds to file a third-party lawsuit against one of the following parties:
- The site owner
- The property manager
- A general contractor or subcontractor
- A product manufacturer
After you identify the liable party, you can pursue compensation for financial damages (such as medical bills and lost income) as well as non-economic damages, like pain and suffering, scarring, and disfigurement.
How Our Lawyer Can Assist You With 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
Whether you’re filing a workers’ compensation claim or a third-party lawsuit, you must present evidence to pursue compensation. Common types of evidence claimants include in their cases are:
- Medical records
- Wage statements
- The incident report
- Related receipts
- Photos of the incident scene
- Photos of the injuries
- Video that captured the incident
- Statements from eyewitnesses
This information can also help us determine who to pursue for your damages.
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 a 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 get the best possible results for you.
How Insurers May Refuse Paying Out Your Construction Accident Case
Sometimes, insurance companies challenge workers’ compensation claims and third-party cases. They 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 as much compensation as you demand.
- Your injuries are worse than they should be since 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 claims.
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. That means we don’t require retainers, hourly rates, or upfront fees to get started on your case. We even finance it from start to finish.
If and when we resolve your case, we take a fee for our services. 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 one 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.
What to Do After a Construction Accident Injury in 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
Your employer may have you visit a physician who they approve, or in more severe cases, they may send you to the hospital. 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. However, 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: 516.613.3196.
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Everyday working people often struggle to afford top-tier legal representation. To ensure equal access to justice, we work on a contingency-fee basis. You pay no attorneys’ fees unless we achieve a settlement or verdict in your case.
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