How Long Do I Have to File a Construction Accident Claim?
How long you have to file a claim after a construction accident in New York depends on who was responsible for your injuries. New York enforces some of the strongest worker protection laws in the country. If your accident was the result of failures to provide a safe workplace by another party who was not your employer, you generally have up to three years to bring a lawsuit.
You may also have the right to file for workers’ compensation benefits. In order to protect your rights, you should report your accident immediately to your employer in order to qualify for benefits. If you have been injured at a construction site, don’t delay in consulting an attorney.
The Compensation You Can Seek for a Construction Injury
Depending upon the facts of your case, you may be entitled to recover money for your compensatory damages through a personal injury case including:
- Pain and suffering for all physical and emotional injuries you sustained. You are also entitled to recover money for your mental anguish and loss of enjoyment of life. If your injuries are deemed permanent, you may be able to recover money for these damages for the rest of your life
- Lost wages that you incur because your injuries cause you to be unable to work. In the event of permanent inability to work, you may also be able to claim a sum of money for all of your projected lost earnings for the rest of your expected work-life expectancy
- Lost earning power, if you are able to return to work at a reduced capacity or suffer a diminishment of your overall wages due to your injuries
- Mental distress, if the injuries you suffer or the overall effect of the accident cause a negative impact on your mental health
- Medical bills, for all out of pocket expenses for medical or hospital treatment, surgery, therapy, medications, medical equipment or other costs resulting from your injuries and any future care
While you have a separate lawsuit against the parties who were responsible for your accident, Workers’ compensation benefits can also cover the cost of all needed medical care, partial payment of your former wages, and transportation costs to your needed medical appointments.
For a free legal consultation, call (646) 692-0204.
What Do You Have to Do to Seek Compensation after a Construction Accident?
New York understands that construction work is dangerous, which is why the state created powerful safety regulations for industrial workplaces. If you fall from a ladder, get injured by heavy equipment, or become ill due to toxic exposure, there are special protections that impose strict responsibilities on certain construction parties.
After a construction accident, you have the right to two separate types of claims:
- Third-party claim or lawsuit: If another party’s negligence led to your injuries, such as a property owner, General Contractor, subcontractor or manufacturer of faulty equipment, you may be able to file a lawsuit through a personal injury case.
- Workers’ compensation claim: You typically will not be able to bring a lawsuit against your employer. If you suffered an injury as part of your normal working duties, you can seek benefits through workers’ compensation.
The Impact of Your Injuries Your Claim
Construction accidents can result in severe injuries that cause serious hardships for victims like you. For instance, if you are injured by machinery, you could suffer an amputation, broken bones, spinal cord injury, or another serious injury. Your medical expenses for treating these injuries could be overwhelming.
Serious injuries could also mean that you are unable to work and can no longer provide an income for your family. A serious injury could mean lost mobility, mental distress, or disfigurement. Construction workers do dangerous work that results in thousands of serious accidents every year.
An injury can have a catastrophic effect on a worker’s ability to perform their job duties. A personal injury lawsuit may provide you an opportunity to recover substantial compensation for each and every type of damage you actually suffered and will continue to suffer in the future.
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Don’t Delay in Consulting a Qualified Attorney as Time May Run Out
If you have been seriously injured on a construction site, call the lawyers at Dansker & Aspromonte Associates LLP. We have been fighting for the rights of injured workers since 1988. The sooner you contact our office, the sooner we can begin to guide you through the legal process, conduct a careful and thorough investigation of your accident, gather and preserve evidence before it is lost, and build a strong claim for maximum recovery.
If we agree to accept your case, some of the actions we'll undertake may include:
- Investigating your accident to collect evidence that proves fault
- Conducting a site visit
- Securing video footage and accident scene photographs
- Reviewing the OSHA accident report, if applicable
- Interviewing witnesses to your accident
- Collecting all incident or accident reports
- Identifying all of the responsible parties
- Consulting experts in construction site safety
- Demanding sworn statements from all responsible parties
- Obtaining all medical and hospital records
- Negotiating with representatives of the at-fault parties
- Building a strong claim for presentation at trial before a jury if necessary
Call the Lawyers at Dansker & Aspromonte Associates LLP for Help Today
Call us today for a free no-obligation consultation. If we agree to accept your case, you will not be required to pay us any money upfront. We only earn a legal fee when you recover compensation.
Innovative Legal StrategiesEach client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 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.
Providing Answers & SolutionsOur team is committed to always being able to provide you with updates on your case and answers to your questions. This is your case and we want to be sure you are confident every step of the way.
Proven Record of SuccessDansker & Aspromonte Associates LLP 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.