Being a construction worker is one of the most dangerous jobs in the country. The nature of the work performed by carpenters, masons, sheet metal workers, electricians, ironworkers, painters, plumbers, and other laborers, while necessary for the growth of our economy, can be extremely hazardous. Construction site accidents are very common. Litigation arising from a construction accident can be complicated, as multiple parties and claims may be involved. The Rockland County construction accident lawyers at the Law Firm of Valerie J. Crown, P.C., help those who have been hurt on the job, as well as their loved ones, understand their legal rights and advocate for the best possible settlement or judgment for personal injuries or wrongful deaths suffered on the job.
Like workers in other industries, construction workers may be entitled to workers’ compensation benefits like temporary partial disability, permanent total disability, and/or paid medical care. The worker must notify his or her employer of an accident or illness for which he or she seeks benefits, and a claim must be filed within the time allowed by law. Failure to give notice or file a timely claim can result in denial of the worker’s claim. Sometimes, a claim may be denied even when these steps are taken. In that situation, it is important to speak to an attorney well-versed in New York workers’ compensation law so that the employee will have an effective legal advocate during the process of appealing the denied claim. The amount of compensation that an injured worker receives depends on his or her wages at the time of the accident, the amount of permanent disability he or she suffers, and other factors. Two workers may receive very similar injuries and yet receive widely varying settlements or judgments. An experienced construction accident attorney in Rockland County can help you assert your rights in an effective manner.Other Possible Legal Remedies in a New York Construction Accident Case
Because there may be a general contractor, subcontractors, vendors, and others on a work site, a person hurt on a construction site may have other legal options in addition to workers’ compensation benefits. Generally, workers’ compensation is considered to be the exclusive remedy for someone who has been hurt on the job, and who is perhaps facing significant medical expenses along with partial or total disability. New York’s workers’ compensation laws are a compromise – the worker does not have to prove fault against the employer, but he or she cannot pursue the full compensation (including payment for pain and suffering, etc.) that might be available in a traditional negligence action.
In construction accident cases, however, a negligence lawsuit may be possible against a third-party (someone other than the employer). Your Rockland County attorney can advise as to whether your construction accident falls in this category. For example, if a vendor is making a delivery to the construction site and runs over a construction worker’s foot, the worker may be able to assert a negligence action against the vender and receive workers’ compensation benefits. While some workers’ compensation benefits, paid to the worker by his or her employer or its insurance company, must be paid back out of any liability settlement or judgment against the vendor, the employee may keep the excess moneys. Another scenario might involve a worker who has a claim for product liability against the manufacturer of a defective tool or piece of equipment. In traditional negligence cases, the worker can seek compensation for past and future medical care, pain and suffering, and lost earnings, and his or her spouse can seek payment for loss of consortium, so such a case may result in a more generous settlement than would be available through a workers’ compensation claim alone.Rockland County Construction Accident Lawyers
Construction accident cases are very fact-specific and may involve shorter deadlines than those applicable to workers’ compensation cases. Thus, it is important to speak to a Rockland County construction accident attorney as soon as possible if you have been hurt on a construction site or have lost a loved one in a construction accident. We serve clients not only in Rockland County, but throughout the Greater New York area, including in Westchester, Dutchess, Ulster, and Orange Counties. To schedule a free consultation regarding your case, call the Law Firm of Valerie J. Crown, Attorney at Law, P.C., at 845.708.5900 today, contact us online, or call Valerie’s cell phone 24/7 at 845.598.8253.