Accident and Injury Frequently Asked Questions
Many accident victims are overwhelmed by their injuries, and the thought of a legal case can seem daunting. At Hofmann & Schweitzer, our legal team understands these feelings, and we’ve compiled our thoughts on many common worries here to help you get started finding the answers you need to protect yourself and your family. If you’ve been hurt in a construction, maritime, or railroad accident, browse our FAQs today.
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The Cause of My Construction Accident Injury is Unique and Unusual. Will That Harm My Recovery?
Probably not. The unique cause of your Westchester construction accident injury is unlikely to prevent your fair recovery. Many construction accident injuries result from falls and machinery accidents, which are typically more straightforward for a recovery claim. But unique and unusual work accidents are not excluded from workers’ compensation or personal injury claims. When you’re hurt while on the job, you have a right to compensation!
The Law Applies Evenly
Fluke accidents happen. Maybe nobody could have predicted that what happened on your construction site would result in an accident or injury. It doesn’t matter. The law allows you to recover damages in a workers’ compensation case if you have been hurt in the course of your employment and possibly through a personal injury lawsuit if a third party (other than you or your employer) was responsible for your injuries.
Don’t Let the Issues Get Confused
You don’t want to risk your recovery by letting the strange, unique, or even downright weird cause of your Westchester construction accident get in the way of your fair recovery. Instead, it is important for you to understand your rights and how to protect them.
To that end, we encourage you to read our FREE brochure: Hurt in a Construction Accident? You’re Not Alone . This report provides insightful information on your rights to recovery. Also, connect with us on Facebook, where we provide helpful tips on matters that concern you the most.
What Happens if You Can't Work After a Construction Injury?
We understand your concern. Whether you love doing construction work and/or you are financially dependent on your construction income, it can be difficult to think about never going back to a construction site.
3 Things to Keep in Mind
If you’ve been injured then it is important to remember three things:
- First, if you have been recently injured then we urge you to talk to your doctor. You may be able to return to construction work. You may have the opportunity to build another house in Paramus or to work on another development in Newark.
- Second, you may be able to recover the income you can’t earn. You may be able to recover at least a portion of the income you can’t earn if you are out of work temporarily or permanently. However, you may have to advocate for a fair recovery of lost wages.
- Finally, you may be able to train for another job that you can do if you are permanently injured. Talk to your family and friends and think hard about your interests in order to find something that suits you well.
You may or may not be able to get back to the construction site, but either way, your life isn’t over.
Your Life Will Go On
Not only will your life go on, but it can continue to be a good life that you want to live. For more information please read our free brochure, "Hurt in a Construction Accident? You’re Not Alone" and please read our case results to find out what other injured construction workers have done after they’ve been hurt.
What Can I Do if I've Been Seriously Burned on a New York Construction Site?
Burns are painful and serious injuries, as you know all too well. It can be hard to imagine that there will ever come a time when you may be able to recover from this type of accident injury. Yet, you can recover, and it is that goal of recovery that should motivate your post-accident actions.
You have two different primary “recoveries” to be concerned about after a New York construction site burn. The first and most important recovery is your physical recovery. It is important that you get emergency medical treatment, see doctors who specialize in serious burn injuries, and follow-up with the medical treatment and rehabilitation services that those doctors suggest.
At the same time, you need to protect your financial recovery. You will be out of work as you recover from your injury, and you may be unable to pay your bills or enjoy the same lifestyle that you did when you earned a regular income. A New York construction accident lawyer may be able to help you get the financial relief that you deserve.
It is important to assemble a team to help you with all of your recoveries. At a minimum, you should have a doctor leading your physical recovery team, and a New York construction attorney leading your financial recovery team. For more information about your legal and possible financial recovery, please contact an experienced New York construction accident attorney today at 1-800-362-9329 and please read our FREE informational brochure, Hurt in a Construction Accident? You’re Not Alone.
What Should I Do if My Construction Employer Won't Listen To My Construction Safety Concerns?
It can be extremely frustrating to notice safety regulation violations or other concerns, and to have your employer not respond appropriately to those concerns. Nobody on your Williamsburg construction site has been hurt yet, but you are worried that a serious injury could occur if action is not taken soon to fix the problems.
How to Handle This Tricky Situation
As an employee you walk a fine line. You want to be safe, and at the same time, you want to keep your job. Accordingly, if your employer is refusing to fix the safety violations that you’ve noticed then you need to take action. You could, for example:
- Rephrase your concerns in economic terms. Explain that fixing the problem may be less costly than paying for the damage done in an accident.
- Suggest specific changes. Would training or safety equipment fix the problem? Make specific suggestions to your employer instead of just pointing out the problem.
- If all else fails, look for other work. Your current job may not be worth the risk to your health or your life.
The exact steps that you take may depend both on your individual employer and on the risks presented by the safety problems on your Williamsburg construction site.
What to Do if You’re Hurt
A serious construction accident can occur at any time. You have the right to recover fair damages for your injuries, regardless of whether or not you noticed the safety problem prior to the accident, and regardless of whether or not your employer took actions to fix it.
To learn more about protecting your rights, please watch our free videos and read our free brochure, "Hurt in a Construction Accident? You’re Not Alone."
Why Death on a Construction Site May Not Be an Accident
Is accident the right word to use after a person dies on New York construction site?
There are two ways to look at what happened to a construction worker that was fatally injured on a Glen Cove, Long Beach, or other Long Island construction site. Absent evidence to the contrary, you may believe that nobody intended for the construction worker to die. The actions—or inactions—that led to his death were not deliberate, and because the death was not intentional, it may be described as an accident.
The Problem With the Word Accident
The incident may have been unintentional, but it may have also been preventable. According to the Merriam-Webster Dictionary¸ one definition of accident is "a sudden event (such as a crash) that is not planned or intended and that causes damage or injury," but an accident may also be defined as "an event that is not planned or intended: an event that occurs by chance."
Many construction accidents do not occur by chance. Rather, there are often regulations or easily identifiable things that can be done to prevent serious accidents and resulting fatalities. If these safety regulations had been followed then it is possible that the construction worker would not have died.
What This Means to Surviving Relatives and Coworkers
Surviving relatives may be able to recover damages for their incredible loss regardless of whether we call the incident an accident or something else. However, it is important for surviving construction workers to understand that it may have been no accident. The incident and resulting death might not have happened by chance—it may have been preventable.
If you’ve lost a loved one on a Long Island construction site, then it is important to know more about your rights and your possible recovery. Please fill out our online contact form today to find out more.
My hand slipped when I was working with a hand tool on a New York construction site. I am embarrassed about my injury. Should I contact a New York construction accident lawyer?
If you have been injured on a New York construction site, then it is important to contact a New York construction injury lawyer. This is true even if you believe that your own error caused your injury. An experienced New York construction accident attorney can help you get the recovery that you deserve.
Construction is a dangerous line of work, and the law recognizes that. Accordingly, even if your hand slips and you technically cause your own injury, you may be entitled to a legal recovery pursuant to New York worker’s compensation laws (assuming, of course, that you did not cause your own injury on purpose). Worker’s compensation may cover your medical expenses and a percentage of your lost income.
If you are hurt, if you require medical treatment, and if you are losing time from work, then it is important to do what you can to do protect your rights because your employer and/or your employer’s insurer may not be willing to give you what you deserve without legal persuasion. For more information, please contact our New York construction injury law firm at 1-800-362-9329 and please read our FREE book, Hurt in a Construction Accident? You’re Not Alone.
What Kind of Recovery Is My Husband Entitled to if He Suffered a Permanent Traumatic Brain Injury?
We are sorry to hear that your husband suffered such a serious injury in a New York construction accident. This must be a difficult time, not only for your husband, but also for your entire family as you all learn to live with the permanent impact of his injury and face a different future than the one that you had planned.
Your husband’s specific recovery is going to depend on a number of factors that include:
- The impact of his injury on his life. The specific injuries that he may recover may include compensation for past and future medical expenses, lost income, out-of-pocket costs, pain, and suffering. The amount of these damages will depend on his unique injuries, the amount of care he needs, whether he is able to work, and other factors.
- Details of his accident. If your husband’s injury was caused by his own actions, the actions of his coworkers, or the actions (or inactions) of his employer, then your husband may be entitled to a New York workers’ compensation recovery. However, if your husband’s injury was caused by a third party, he may be entitled to personal injury damages.
For more information, we encourage you, or your husband if he is able, to contact an experienced New York construction lawyer today for more information about a possible recovery. You can reach an experienced New York construction accident attorney via this website or by calling 1-800-362-9329, and you can learn more about your rights by reading our FREE pamphlet, Hurt in a Construction Accident? You’re Not Alone.
My husband fell at his construction job, and he is badly hurt. Should I call a New York construction accident lawyer now or do I need to wait for him to be physically able to make the phone call?
We are sorry to hear of your husband’s construction fall accident, and we hope that he is able to make a full physical and financial recovery. If your husband is physically unable to contact a New York construction injury lawyer after his fall, then we encourage you to make the call for him.
A formal case may, or may not, have to wait depending on a number of factors including your husband’s physical condition and whether you have the legal right via power of attorney or other means to start a case. Yet, a phone call to a New York construction injury attorney may be important regardless of whether you can start a formal case. A lawyer may, for example, tell you how to best protect your husband’s rights during this difficult time. It can be difficult to know what to do, particularly at a time when you are worried about your husband’s health and physical recovery. However, the steps that you take now may have an important impact on your husband’s recovery.
For more information about how to help your family, we encourage you to read our FREE publication, Hurt in a Construction Accident? You’re Not Alone, and to contact an experienced and compassionate New York City construction accident lawyer at 1-800-362-9329.
I was injured by cables loosened by high winds on a construction site. Can I still recover damages even though the accident was technically caused by an act of God?
Yes. Your employer and others working on the construction site had no control over the wind; however, they did have control over what work was done in the windy conditions. It was not the wind itself that caused your accident but rather the work that you did in the windy weather that led to your injury.
Employers Should Know Better
We may all poke fun at meteorologists, but the reality is that there are many ways a construction employer can reasonably anticipate windy weather and the danger it creates. Specifically, construction employers may:
- Check the weather
- Subscribe to the New York City Department of Buildings weather advisories
- Halt construction at the first sign of dangerous winds
If the windy weather had been anticipated and work on your job site had been temporarily suspended, you would not have been hurt in a fall, by falling debris, or by downed wires or trees. But you were and you deserve a recovery.
Making a Claim
If your employer allowed work on the job site and you were hurt, you may have a workers’ compensation claim. You may be entitled to damages for medical expenses and a portion of your lost wages. However, if it was a third party who caused your construction accident injury, you may be able to recover additional damages such as all of your lost income and pain and suffering.
What you should know now is that you were not the one who caused your accident, and it was not an act of nature or God that was responsible for your injury. Instead, it was the employer or employers who allowed work to continue in dangerous conditions.
I don’t remember much from the day of my construction accident injury. If I don’t remember, can I still get a recovery? Is there still a reason to contact a construction accident lawyer?
When traumatic events, such as a construction accident, occur it is not unusual for the person who was injured to forget what happened in the accident. Whether or not you retained consciousness, you were understandably preoccupied with your own physical safety and, likely, pain. Your priority was not finding out what caused the accident or remembering details of the accident, but rather protecting yourself.
That does not preclude your recovery. You may be able to recover damages for your New York or New Jersey construction accident injury even if you don’t have a clear memory of what happened at the accident scene. An experienced construction injury lawyer will help you by investigating what happened at the accident scene, advising you of your rights and advocating for your full and fair recovery.
Your recovery may include compensation for past and future medical expenses, rehabilitation costs, out-of-pocket costs, lost income, and pain and suffering. However, you and your New Jersey construction attorney may have to fight hard to get the recovery that you deserve.
To find out more about protecting your rights after a construction accident, please contact our construction accident law firm today via our online contact form or at 1-800-362-9329. We also encourage you to read our publication to learn about your rights and how a construction accident attorney may be able to help. Our publication, Hurt in a Construction Accident? You’re Not Alone, is available for FREE on our website.