Filing A Construction Accident Injury Claim In New York
Do I Still Need A New York Construction Attorney If The Insurance Company Agrees To Pay On My Claim?
You should hire an experienced New York construction attorney even when the insurance company agrees to pay your claim. Why? Because insurance companies are not in the business of paying claims voluntarily. If they do offer you money, they will not offer you what the case is worth.
Thus, it is in your best interest to hire an experienced attorney who has handled many construction accidents and can evaluate and value your case. You can’t just rely on an insurance company for the other party to tell you what the real value of your case is.
If I Do Not Agree With The Compensation From My Employer’s Workers’ Compensation Insurance, Can I Still File For A Personal Injury Case Claim In New York?
You have to understand that a personal injury claim and workers’ compensation are two different things. Workers’ compensation is payable to a worker who was injured on the job. Because there is worker’s compensation, the law prohibits an employee from suing his or her employer for the same injury.
If I Am An Employee And I Do Not Agree With My Employer’s Workers’ Compensation, Can I Still Go Ahead And File A Claim?
You can always file a workers’ compensation claim. Again, workers’ compensation is quite different from filing a construction labor law claim against the owner, the general contractor, or another contractor at the premises.
A construction labor law claim is not connected to workers’ compensation. It will be made against the owner of the property, the construction’s general contractor, and other defendants. It does not depend on whether or not you agree with the workers’ compensation ruling.
We at the Law Offices of David A. Kapelman, P.C., recommend filing a lawsuit against those entities in addition to filing for workers’ compensation.
Can Negligence On My Part Affect My Construction Accident Compensation Claim In New York?
The effect of negligence on construction accident compensation claims depends on the kind of claim. There are three statutes that set forth how these situations should be handled. These are Labor Law 200, Labor Law 240, and Labor Law 241(vi).
In Labor Law Section 200 and the Labor Law Section 241(vi) case, the negligence of the worker is factored into the calculation. In these situations, the court looks at what is called “comparative negligence”. Then, a percentage of the workers’ negligence and the negligence of the other parties would be determined and percentages assigned as part of the claim.
For example, in a case where the worker and other parties were found to be equally negligent, the apportionment would be 50/50 in the case of two parties.
In a Labor Law 240 case, it deals with falling from heights. Those cases are where a person falls from heights or objects fall from heights and injure the person. In 240 cases, they are strict liability – so, unless the worker is the sole cause of the accident, there is no comparative negligence, which means that any negligence on the part of the employee is not relevant.
What Happens If I’m A New Employee And I Got Injured In A Construction Site But I Have Not Received Any Wages Or Salaries For Evidence? Does That Affect My Claim?
Being a new employee who has yet to be paid does not affect your injury claim. Your testimony that you were an employee will establish your case, and most employers will acknowledge that you were their employee. Your on-the-job injury is a workers’ compensation claim. The mere fact that you were working on the construction site entitles you to the protections of the labor law and to file a labor law construction lawsuit.
If Photographic Evidence Was Not Taken At The Scene Of My Accident During My Construction Work, Does That Affect My Construction Accident Injury Claim?
While it is always better to have the photos, you can proceed with your claim without the photos.
How Does The Seriousness Of My Injuries Sustained At A Construction Site Impact Potential Settlement Amount In New York State?
The seriousness of your injuries plays a very large part in the amount of your recovery. There are three parts to every case:
- Who was at fault?
- Was there negligence? (or) Was there a violation of the statute?
- What is the extent of your injury?
Consequently, the seriousness of your injury plays a very, very large role in the recovery that you would get.
With the guidance of a skilled attorney for Construction Injury Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.
For more information on Construction Injury Law in New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 563-2010 today.