Brookhaven is not only a charming Long Island town rich with history–it is also the seat of cutting edge research. Between the ambitious research institutions that call Brookhaven home and the Town’s constant evolution, there is no shortage of construction going on in town at any given time. Construction projects in New York must follow incredibly strict guidelines, but these guidelines are not always followed. Worse, the products and structures intended to keep workers safe can often fail as a result of major defects. These types of incidents have contributed to a 39% increase in construction accident deaths from 2013 to 2017 across New York state. If you have been injured or have a loved one who has been killed during a construction accident, then you could be entitled to compensation to recover your losses. Injured employees or their surviving family members can typically file a workers’ compensation claim with their employer. Workers’ comp pays for medical costs as well as partial lost wages. If another party who was not your employer somehow caused the accident through their negligence, you could also potentially bring forth a third-party injury claim that can pay for additional lost wages, pain and suffering, and other damages. Rest assured that even though you are hurt and have losses because of your injury, you still have options. A Brookhaven construction site accident lawyer can work with you to assist you with filing a workers’ compensation claim or appeal. They can also explore your options for filing a third-party liability claim or lawsuit, so you can try to recover all of your losses from all responsible parties. Schedule your free, no-obligation consultation today when you call (631) 543-7070 or contact us online.
Workers’ Compensation Claims for Brookhaven Construction Accidents
Under New York state law (NY WCL §11), employees and their families cannot legally file a personal injury lawsuit against their employers as long as they are provided with a workers’ compensation insurance policy. In exchange, employees have the right to file a workers’ compensation claim if they have been injured while working within the scope of their job duties. A workers’ compensation claim in New York can provide the following benefits after your Brookhaven construction injury:
- All reasonable and necessary medical treatment
- A percentage of lost wages for a partial disability
- 100% of lost wages (up to $904.74 per week) for temporary total disability
- Compensation for permanent disability, loss-of-use, or disfigurement
- Vocational rehabilitation if you can’t resume your former work duties
- Death benefits to surviving family members in the event of a fatal accident
To file a workers’ compensation claim, you should report your injury to your supervisor and receive medical treatment from an approved provider as soon as possible. If you are denied your workers’ compensation claim or think your claim is unfair, a construction site accident lawyer in Brookhaven can represent your claim to give it the best possible chances of success.
Options for Third-Party Lawsuits after a Construction Site Injury
While you cannot legally seek an injury claim against your employer outside of the workers’ compensation system, other third-parties are not protected by this arrangement. Common parties who could be found liable for your injury based on past successful cases include:
- Construction site property owners
- Other contractors
- Manufacturers of tools, equipment, PPE, structures, materials and machinery
- Architects and engineers involved with the construction plan
- Insurers covering any of the above parties
A personal injury claim or lawsuit can provide forms of loss recovery not available under workers’ compensation insurance. For instance, a successful injury case can result in compensation for the pain and suffering you have endured as a result of your injury or resulting disability. Injured construction workers may have one or several legal remedies available against third parties after their accident. Working with a Brookhaven construction site accident lawyer can help you explore all available options to create your optimal legal strategy.
Work with Experienced Brookhaven Construction Site Accident Lawyers
You deserve for someone to fight for your rights after you have been hurt on the job. Carner & DeVita have fought for these same rights for over 60 years, as we have provided legal counseling, advice, and representation to Brookhaven since 1957. Let our experienced Brookhaven construction site accident lawyers guide you through the process of making all applicable claims so that you and your family can recover the maximum amount of compensation you deserve. Speak with a Brookhaven construction injury attorney during a free consultation to learn about your legal rights and what your options are for obtaining the compensation you desperately need. You can schedule your consultation today when you call (631) 543-7070 or contact us online.
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