Can I Still File a Construction Site Injury Claim If I Receive Workers’ Compensation?
If you are receiving workers’ compensation benefits after a worksite accident, you may also be entitled to bring a separate personal injury lawsuit and recover money damages in certain situations.
If you suffer an injury on a construction site, you will often have the chance to file for workers’ compensation, which can pay your bills while you recover from your injuries. However, compensation claims do not fully compensate you for your pain and suffering and other injuries. We can help you file a lawsuit against a negligent third party (such as a property owner, general contractor, subcontractor, or negligent equipment manufacturer) to seek additional compensation.
We Can Help You Navigate the Workers’ Compensation System
While each state has a slightly different system, workers’ compensation is meant to provide funding that covers limited benefits.
In New York State, workers’ compensation can help cover the cost of treating your injuries, partial wage replacement, future loss of income, transportation expenses, medical equipment, death, and funeral expenses.
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When do You File an Additional Claim?
In many instances, workers’ compensation benefits prove to be extremely inadequate compensation after a work accident. Workers’ compensation benefits do not entitle you to money for the pain and suffering that you and your family have experienced.
If you have been injured on a job site, speak to a dedicated and experienced personal injury attorney to investigate whether you can bring a lawsuit against the parties responsible for your accident. While in most but not all instances you cannot bring a claim against your own employer in New York, your lawyer will perform a careful examination of your accident to determine if your employer or another party can be held legally responsible.
You could file a personal injury claim if your injury was caused due to the following negligent situations.
Accidents that happen on someone else’s property: If you are working on a property that someone else owns, you may be able to sue that property owner for additional compensation even if you are already receiving workers’ compensation.
Accidents involving a negligent individual: If a negligent individual caused your accident, you may be able to file a personal injury suit against them and their employer. A good example is if you are involved in a car accident while transporting equipment or supplies for work. The other driver and the owner of the vehicle could be held liable for your injuries.
Injuries sustained as a subcontractor: If you are a subcontractor working at a construction site, you may be able to file a claim against the general contractor, another subcontractor, property owner, or another party.
Costs That Additional Compensation Could Cover
If you are able to file a construction site injury claim in addition to a workers’ compensation claim, you may be entitled to recover additional money for your:
- Pain and suffering
- Vocational rehabilitation
- Medical bills
- The cost of future care
- Lost wages
- Loss of enjoyment of life
- Lost earning potential
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An Attorney From Our Team Can Prepare Your Case From the Claims Process to Trial
A New York construction accident lawyer can help you build a strong case that compensates you fairly for your physical and emotional injuries. By working with an attorney, you can feel confident that you will recover maximum compensation for your injuries and their effect on your future. If you retain us to represent you, we will begin an immediate and thorough investigation of your accident including the following:
- Gathering evidence
- Filing your case quickly
- Taking care of all communications for you
- Keeping you updated on your case
- Talking to eyewitnesses
- Consulting with and retaining experts in accident reconstruction and medical injuries
- Preparing your case for trial before a jury in Court
We will act in your best interests and fight for the best possible legal outcome for you and your family.
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We Get Results for Our Clients
At Dansker & Aspromonte Associates, we have helped many people with their claims and lawsuits. Many of our clients have worked in construction, and we have secured settlements that have helped them rebuild their lives and alleviate their pain and suffering.
In Crescencio P. vs the City of New York, we fought for a $3.5 million settlement for a construction worker who was harmed in a scaffolding accident. In Jian S vs Kirin Management, we secured a $2.25 million settlement for a carpenter who fell from a ladder and suffered facial fractures. We will fight for you, too.
Reach Out to Our Attorneys Today for a Free Consultation
If you have a personal injury claim to file outside of your workers’ compensation claim, call our office. A free consultation from Dansker & Aspromonte Associates can help you learn more about your legal options and how you can pursue a personal injury claim. There is no obligation and you do not owe us any attorney’s fees unless and until you receive your settlement.
Innovative Legal StrategiesEach client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 75 years of experience behind your case to obtain the best possible outcome on your behalf.
Small Firm Dedication & FocusOur firm is different from most firms in our area in that we are a “boutique” type firm that is small enough to give personal attention to our clients and yet experienced and powerful with a reputation as a hard-hitting litigation firm.
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Proven Record of SuccessDansker & Aspromonte has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.