Long Island Worker Compensation for Construction Accidents Lawyer

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should i get a personal injury lawyer for a construction workplace injury

Construction workers have the right to a safe work environment. Unfortunately, construction job sites are prone to devastating accidents and injuries. If you have been injured while working on a construction site, it’s important to understand your rights and seek legal assistance. At Gabriel Legal Injury Lawyers, we specialize in handling workers’ compensation cases for construction accidents in Long Island. 

Understanding Construction Workplace Accidents and Workers’ Rights

According to OSHA, thousands of workers are killed or injured on construction job sites every year. When you are injured at work, you may wonder who is responsible for your medical bills, damages, and lost wages during your recovery. Your employer has a duty to maintain safety standards, but accidents can still happen. In such cases, an experienced lawyer can guide you through the legal process and help you pursue the compensation you deserve.

Seeking Compensation for Construction Injuries: Workers’ Compensation vs. Personal Injury Claims

If you are injured at a construction site, you may be eligible for workers’ compensation benefits. It’s important to note that in New York State, you cannot sue your employer for your injuries. Workers’ compensation is a benefit available to all workers, regardless of fault. It covers medical expenses and provides financial assistance until you can return to work. However, navigating workers’ compensation cases can be complex, and having the support of an experienced attorney is crucial.

 

A personal injury claim, on the other hand, requires proving negligence on the part of a responsible party. Although you cannot sue your employer, you may be able to file a personal injury claim against a third party if they were negligent in your accident. This type of claim seeks damages for pain and suffering, medical bills, future medical care, lost wages, loss of earning potential, and other related losses. In cases of criminal negligence, the court may also award punitive damages.

 

Types of Claims for Construction Accidents: Workers’ Compensation, Personal Injury, Product Liability, and Wrongful Death

There are four types of claims you can file if you have been injured in a construction accident, depending on the circumstances:

Workers’ Compensation: This claim does not require proving fault. It provides coverage for your injuries through your employer’s insurance until you can return to work. It is essential to have legal representation to prevent insurance companies from denying your claim.

Personal Injury Claim: To pursue this claim, there must be a responsible party for your injury. While you cannot sue your employer, you can bring a personal injury claim against a third party. This claim seeks damages for various losses resulting from the accident.

Product Liability Claim: If your injury is caused by a faulty product, you may be eligible to file a product liability claim against the manufacturer or retailer. This claim requires proving that the product was defective, it caused your injury, and a third party was negligent.

 

Wrongful Death Claim: In cases where a construction accident results in a fatality, surviving loved ones, such as a spouse or children, can pursue a wrongful death claim to seek compensation.

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Long Island Worker Compensation Practice Areas

Take Legal Action: Consult with a Construction Accidents Lawyer in Long Island

If you have been injured in a construction accident, it is crucial to take legal action promptly. Gabriel Legal Injury Lawyers can provide you with expert guidance and representation. Schedule a free consultation with our experienced construction accidents lawyers in Long Island by contacting our offices today. We are dedicated to fighting for your rights and helping you navigate the legal process to secure the compensation you deserve.

When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:

01

Financial Losses

This includes medical bills, property damage, and lost wages. Your attorney will gather evidence such as receipts, bills, repair estimates, and expert testimonies to assess your current and future expenses resulting from the accident.

02

Personal Losses

These encompass physical pain, emotional suffering, and mental distress. While it is challenging to assign a precise monetary value to personal losses (also known as non-economic damages), they are just as significant as financial losses.

03

Punitive Damages

It’s important to note that punitive damages can only be ordered by the court and are relatively rare. Your attorney will inform you if your case may qualify for punitive damages.

Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.

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Long Island Workers' Compensation Lawyer for Construction Accidents

If you’ve been injured in a construction accident, it’s crucial to understand your rights and seek legal assistance to ensure you receive the compensation you deserve. At Gabriel Legal Injury Lawyers, we specialize in handling workers’ compensation cases for construction accidents in Long Island. Our experienced team can guide you through the legal process, protecting your rights and advocating for your best interests. Contact our offices today for a free consultation to discuss your case.

Understanding Construction Workplace Accidents and Workers' Rights

Construction accidents are often severe and can result in catastrophic injuries. With dangerous situations, heavy machinery, and the pressure to meet deadlines, construction sites pose unique risks. When an accident occurs, determining responsibility is crucial. While workers’ compensation cases don’t require proving fault, personal injury cases require demonstrating negligence on the part of another party. Our skilled attorneys can help you understand the nuances of your case and fight for the compensation you deserve.

Seeking Compensation for Construction Injuries: Workers’ Compensation vs. Personal Injury Claims

In New York State, workers’ compensation benefits are available to all workers, regardless of fault. These benefits cover medical expenses and provide financial assistance until you can return to work. On the other hand, personal injury claims seek damages from a responsible party for pain and suffering, medical bills, lost wages, and other related losses. While you can’t sue your employer, you may be able to file a personal injury claim against a third party. Our dedicated lawyers can help you navigate the complexities of workers’ compensation and personal injury cases.

 

Types of Claims for Construction Accidents: Workers’ Compensation, Personal Injury, Product Liability, and Wrongful Death

Depending on the circumstances, there are different types of claims you can file for a construction accident:

 

Workers’ Compensation: This claim provides coverage for your injuries without the need to prove fault. Our attorneys will ensure your workers’ compensation claim is handled properly, preventing any denial of your benefits.

 

Personal Injury Claim: If another party’s negligence caused your construction accident, you may be eligible to file a personal injury claim. Our experienced lawyers will gather evidence, build a strong case, and fight for the compensation you deserve.

Product Liability Claim: If your injury resulted from a faulty product, such as defective machinery, you may have a product liability claim against the manufacturer or retailer. We can help you pursue this type of claim and hold the responsible party accountable.

Wrongful Death Claim: In tragic cases where a construction accident leads to a fatality, surviving loved ones can file a wrongful death claim to seek compensation for their loss. Our compassionate attorneys will provide support and advocate for your family’s rights.

Frequently Asked Questions

Call for a Free Consultation Today

Taking prompt legal action is essential after a construction accident. Gabriel Legal Injury Lawyers is here to provide expert guidance and representation. Schedule a free consultation with our skilled construction accidents lawyers in Long Island by contacting our offices today. We are committed to fighting for your rights and helping you secure the compensation you deserve during this challenging time.

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Determining Liability in an Long Island Personal Injury Claim

Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.

It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.

By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.

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The sooner you contact a personal injury attorney in Long Island after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.

It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.

Overview of the Personal Injury Lawsuit Process

It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:

01

Initial Consultation

This is an opportunity for you to share your account of the incident and ask questions about the case. The attorney will evaluate the viability of your case and provide appropriate advice before entering a fee agreement.

02

Case Investigation

Your attorney will conduct a comprehensive investigation, including interviews with you and witnesses, review of your background and medical records, to gather necessary information and determine the best course of action for your case.

03

Filing Court Documents

Your lawyer will file a personal injury complaint, which serves as the initial document of the case. The complaint outlines the nature of the incident and the injuries sustained, and must be properly served to the defendant along with related documents.

04

The Discovery Process

This involves the exchange of evidence between the involved parties. Interrogations, document requests, sworn statements, and depositions may be part of the process. Your attorney may also co

05

Pre-Trial Litigation and Motions

After reaching maximum medical improvement (MMI), your lawyer will demand compensation based on the full extent of your damages. Negotiations with the at-fault party’s insurers will take place to seek a fair settlement.

06

Trial

If an out-of-court agreement cannot be reached, the case will proceed to trial. The jury will determine the defendant’s liability, and if the verdict favors the plaintiff, the defendant will be obligated to compensate for the identified damages.

Arrange Your Free Consultation in Long Island

Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.

Let’s talk

Contact us today for a free consultation and let us assist you in moving forward after this challenging time.

Long Island Worker Compensation for Construction Accidents Lawyer

4.8 Stars
4.8/5
161
Reviews

REQUEST A FREE CONSULTATION

Please enable JavaScript in your browser to complete this form.
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