Construction Accidents and Workplace Accidents Attorney
Are you an employee who has been injured or contracted an occupational disease at your workplace? If so, you are almost definitely entitled to workers’ compensation, regardless of whether your employer was at fault. This applies whether or not you are a construction worker injured due to poor safety regulations, or indeed any employee injured at your workplace for any reason. You are entitled to claiming certain costs, including medical expenses and time off work. If you have suffered physical harm at your workplace, it is recommended that you contact an experienced construction accident lawyer so that your claim can be handled in as efficient and stress-free a way as possible.
At Gurevich Law Group, our team of experienced construction accident attorneys can help you with:
* Electrical shocks
* Falling from scaffolding
* Burns and explosions
* Chemical spills
* Chemical burns
* Accidents involving cranes
* Falling materials, such as rock or brick
* Defective workplace equipment
* Improper workplace instructions and guidelines
How much can you recover?
As a worker, because you are entitled to claim workers’ compensation for your employer for on-the-job injuries, you can recover medical expenses and costs for days off, which can be all-important if you are under financial stress due to your injury.
However, workers’ compensation is often limited, particularly in cases of temporary or permanent disability. In addition, you cannot claim damages from your employer for pain and suffering, inconvenience, lost wages, or change in quality of life.
On the flip side, since workers’ compensation is no-fault (unless your injury was due to you being intoxicated), an injured worker can usually get immediate medical care and a portion of his lost wages not having to wait for a trial or settlement.
If you think you have been unfairly compensated by workers’ compensation, you may have to consider other alternatives such as a personal injury claim, a product liability claim, or a premises liability claim.
In any case, whenever possible, both claims should be pursued in your best interest. These claims can be complicated, and deciding between various claims can be a difficult decision. If you think your injury was due to someone else’s fault or negligence, we would advise you to contact us immediately for a free consultation. Our team of experienced workplace accident attorneys can advise you on the best course of action to take.
Should you file a personal injury claim or a workers’ compensation claim?
You have a good case for a personal injury lawsuit if:
* Your injury was caused by your employer’s negligence, recklessness, or wilful misconduct
* Your injury was caused by a third party’s negligence or wilful act. For example, if you are working on a site standing on a ladder and a passerby knocks it over deliberately.
* Your were injured by a defective product
* Your employer did not have worker’s compensation insurance.
In addition, if the work site or construction site was not owned by your employer, and in fact owned by a third party who has failed to uphold his duty to maintain the property in a safe manner for those working on it, you may have a claim in premises liability.
You can learn more about personal injury lawsuits here and about premises liability lawsuits here.
Who should you sue?
If you decide to file a workers’ compensation claim, you are not suing your employer for money; merely putting forward a claim for the compensation you deserve. In such a situation, it is best to be represented by an experienced construction accident attorney as navigating New York’s Workers’ Compensation can be a complicated and tedious process.
If you decide to file a personal injury claim, you would generally sue the party at fault that caused the injury. In some cases, you might be able to sue multiple parties, for example if your injury was due to a combination of factors, e.g. a defective elevator on the part of a building owner compounded by reckless job instructions from your employer.
No matter what your situation is, Gurevich Law Group wants to help you with your claim. We offer free consultations and operate on a no-win-no-pay basis. Call us today on 718.844.4403.