Construction 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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How long do I have to file a construction accident case in New York City?
Injured workers have a limited amount of time in which to get payment for an on-the-job injury. The time limits in these cases, known as the statute of limitations, varies depending on who is at fault and how the victim is seeking compensation. If the victim does not file a claim within the timeframe, he can be barred from collecting payment.
Time Limits on Filing a Construction Accident Case in New York City
Each state has its own statute of limitations for construction accident lawsuits and workers’ compensation claims. Many different factors play a role in how long you have to file a claim for injury compensation. For example, the time limit for filing a claim in New York is different for:
- Personal injury cases. If you are filing a construction site injury lawsuit against the owner of the property, the general contractor, a subcontractor, or another party, you have three years from the date of the accident to file a negligence claim.
- Death claims. Construction accident lawsuits involving the death of an employee have a smaller window of time than injury claims. Family members must file a lawsuit within two years from the date of the accident or the date of death to collect compensation.
- Workers’ compensation. In order to get workers’ compensation, injured employees must report a construction accident injury within 30 days of the accident. Workers who have suffered an occupational illness must notify an employer within two years of the date of diagnosis or the date on which you learned that the disease could be work-related.
- Cases involving the city or state. If you are filing a case against a state agency, public authority, or other government entity in New York, you must notify the agency of your intentions within 90 days of the accident and file the lawsuit within 1 year and 90 days of the accident.
Even if you have a year or more to file your claim, it is best to file as soon as possible. The longer you wait, the more evidence could be lost or destroyed—weakening your case and lengthening the amount of time you will wait for compensation. You owe it to yourself to speak with the experienced New York and New Jersey injury lawyers of Hofmann & Schweitzer as soon as possible. We can examine the details of your claim and send letters to ensure that the evidence in your case is preserved. Please contact us online or call us directly at 800.362.9329 to schedule your free consultation.
What can I expect when I meet with a New York construction accident attorney?
When construction workers are injured or fall ill on the job, the law offers avenues to obtain the medical care and compensation that will help support their recovery. Many times, however, injured workers never find that resolution because they fail to retain experienced legal representation. There are many reasons why workers hesitate to reach out for legal help. They may not think they are eligible to file a legal claim or worry they cannot afford one, or they are concerned about possible repercussion to their employment. For some, they simply don’t know what to expect, and the fear of the unknown is overwhelming. Here, we offer some useful information about talking or meeting with a construction injury lawyer. Find out what you will discuss, what your responsibilities will be, and more.
Expect to Discuss Your Situation and Ask All Questions
As you prepare for your first meeting with a lawyer to discuss your construction accident injury, it is important to know what information you will need to share. You can expect to discuss:
- Your accident. We want to know everything that happened to you. We want to know what you noticed at the scene of the accident, who was there, what was said, and how you were hurt.
- Your injuries. We want to know what the doctors have told you about your current diagnosis, about your treatment, and about your prognosis.
- Your questions. We want to answer all of your questions so that you know what happens next and so that you are not left wondering anything about your possible case. Feel free to ask about the legal process, compensation available, your future job prospects, and anything else that may be worrying you.
At this meeting, injured workers should be honest and straightforward about their case. Not only is this necessary for preparing the strongest possible case, there is no risk in offering information. Even if you do not decide to move forward with a claim, your discussion is confidential and will remain between you and the attorney.
Many Attorneys Offer Free, No-Obligation Consultations
At Hofmann & Schweitzer, our legal team offers injured workers free, no-obligation consultations. You do not have to pay anything to have an initial meeting or phone consultation with one of our experienced attorneys. If you do not think legal representation is right for you after that meeting, you are free to walk away. Additionally, many law firms offer free resources and informational tools to help you learn more about your rights and legal options.
If you or someone you love has suffered a construction site injury, reach out to the experienced lawyers at Hofmann & Schweitzer to learn more about your rights and find out how we may be able to help. Call our New York office to schedule a consultation and have your questions answered.
The forklift operator keeps telling me he didn’t see me before he hit me. Is that a defense after a forklift accident on a construction site?
What the forklift operator is telling you may or may not be true. However, for purposes of this question and answer we will assume that the forklift operator is telling you the truth. He didn’t see you before you moved the forklift and caused you serious injury.
That Doesn’t Mean You Can’t Recover
You may be able to recover damages for the injuries you sustained in a construction site forklift accident—even if the forklift operator truly didn’t see you prior to the accident and feels horribly about what happened. Here’s why:
- Who was at fault may not matter to your workers’ compensation claim. Instead, you may be able to recover benefits regardless of who was at fault.
- "I didn’t see you" may not be a defense if you are filing a personal injury lawsuit against someone who does not work for your employer. Who was at fault does matter in this type of action. Thus, you and your lawyer will need to consider whether the forklift operator was negligent and whether it was that negligence that prevented the operator from seeing you prior to the accident. If the forklift operator was negligent then you may be able to recover for the damages you suffered in the accident.
Don’t let the forklift operator’s statement prevent you from getting the recovery that you deserve. Instead, find out the truth about your recovery from someone who is on your side. Read a copy of our FREE brochure, Hurt in a Construction Accident? You’re Not Alone , today to learn more.
Who Should I Submit My Medical Bills to That Resulted From an Injury on the Job?
Construction workers and Dockbuilders injured while working are entitled to disability benefits administered under either the New York State Workers' Compensation Law or under the federal Longshore and Harbor Workers' Compensation Act, depending where the accident occurred. Doctor and hospital bills are submitted directly to the employer's workers' compensation insurance carrier. The right to workers' compensation does not require proving someone else was at fault for causing the accident. In that respect, payment of these benefits and your medical bills is "no-fault". If you are injured when not working, you may be entitled to some disability benefits under the New York State Disability Law.
What happens when a safety violation is found on a Manhattan construction site?
What happens next depends on who finds the safety violation and whether anyone was hurt because of it.
For the moment, let’s consider what happens if a government agency, such as OSHA or the NYC Department of Buildings, finds a safety violation on a Manhattan construction site before an injury occurs. The safety violation may be found as the result of a routine inspection or because a construction worker, or other person, reported the suspected violation to the government.
In either case, the government may impose fines, require that the safety violation be remedied, and issue a stop-work order on the site. These consequences are designed to both prevent Manhattan construction site accidents and deter construction companies from committing future safety violations.
Sometimes, safety violations are only found when there is an investigation to find out why a Manhattan construction worker was injured. In these cases, the government may issue the same consequences that were described above. Additionally, the injured construction worker may be able to recover damages from through the New York workers’ compensation system or a personal injury lawsuit.
Safety regulations exist to protect construction workers and, accordingly, safety violations on Manhattan construction sites must be taken seriously. If you suspect a safety violation on your construction site then we urge you to talk to your supervisor and/or the government to get the situation remedied before someone gets hurt.
If you’ve already been hurt then we extend our best wishes to you for a full and fast recovery and we encourage you to read our FREE pamphlet, Hurt in a Construction Accident? You’re Not Alone, to find out more about what to do next.
I lost my leg in a construction accident. What is a fair recovery for my injury?
We are so sorry to hear about your injury and loss. You ask a very important question and we believe that you deserve to know the truth about your possible recovery.
A fair recovery is going to look different for almost every person who has lost a leg in a New Jersey construction accident. Some of the factors that may influence your possible recovery include:
- Who was responsible for your accident. If you, a co-worker, or your employer were responsible then your recovery may be through the workers’ compensation system. However, if a third party caused the accident then a personal injury lawsuit may be possible.
- How much you were earning before the accident. You may be able to recover some, or all, of your earnings.
- The cost of your medical expenses. Generally, your medical expenses should be recovered.
Of course, we can’t provide you with an exact number that should be considered a fair recovery for New York or New Jersey construction amputation injuries because each case is unique. Accordingly, we encourage you to learn more about your rights by reading our FREE pamphlet: Hurt in a Construction Accident? You’re Not Alone. You can also call us directly at 800-362-9329 to talk about what your individual compensation may look like. We wish you the best of luck with your recovery.
Can I Recover Damages For Injuries on My First Day of Work?
I was hurt on my very first day working construction in New York City. Can I recover damages for my injuries?
Yes, your right to recover damages for your construction accident injuries is the same as someone who has been on the job much longer, although the amount that you are able to recover will be unique to your injuries.
Generally, there are two ways in which you may be able to recover damages for your construction accident injury. Whether you were hurt in a Lower East Side fall, an Upper West Side crane accident, or another type of Manhattan construction accident, you may be able to recover damages through the New York workers’ compensation system or through a personal injury lawsuit. How you proceed will depend on the unique facts of your accident case and the steps you take in the days following your injury.
What to Do Now
You may have conflicting feelings about whether to pursue action since you are a new employee. However, you need to know that protecting your legal rights after a construction accident injury should not prevent you from working in the construction industry in the future. Accordingly, you should:
- Report your injury to your employer.
- Seek immediate medical attention.
- Follow your doctor’s orders.
- Learn more about your legal rights.
You can get started today by reading a free copy of our brochure, "Hurt in a Construction Accident? You’re Not Alone," and by contacting us directly for an initial consultation about your rights and possible recovery.
Do I Have to Be Part of a Union in Order to Recover Damages if I Have Been Injured in a New York Construction Accident?
No. New York law does not require that you be part of a union in order to recover fair and equitable damages for your New York construction accident injury.
Union membership decreased in 2011 among private sector construction workers in New York. According to a February 2012 article in Crain’s New York Business, 23.7% of private New York construction workers were part of a union in 2011 compared to 27.5% in 2010. That means that the majority of private construction workers in New York are not members of a union.
Regardless of union membership, our New York City construction injury lawyers believe that construction workers should be able to recover damages for their injuries. We understand that you are out of work at a time when your bills are continuing to come in and your days are spent going to medical and rehabilitation therapy appointments. We understand that your family is depending on you, and we encourage you to depend on us so that we can help you through this difficult time.
Our experienced New York construction accident attorneys encourage you to contact us directly via our website or at 1-800-362-9329 for a free consultation – regardless of your union membership. We also encourage you to learn more about your rights and about what to do after a construction injury in our free publication, Hurt in a Construction Accident? You’re Not Alone.
I understood the rules and expectations for handling chemicals on our construction site, but some of the workers didn’t because the information was only presented in English. Is that a problem?
Yes. That could be a problem. Construction employers should make reasonable efforts to make safety information available in languages and formats that workers understand. The failure to provide that information in the appropriate languages or other formats could result in an accident.
If you have been injured in a construction chemical accident because other workers did not understand the safety protocols, or for any other reason, then it is important to contact an experienced New Jersey construction injury lawyer as soon as possible.
Your construction injury attorney will investigate what happened to you and help you recover the damages that you deserve. Damages may include compensation for your past, current and future medical expenses, lost income, out-of-pocket costs, and other costs related to your construction accident injury.
These are not costs that you should have to bear alone. You did not cause the chemical accident to occur. Whether you suffer from an injury such as a burn, an illness such as respiratory distress, or another type of injury or illness, it is important to find out more about your rights and your possible recovery. Please contact our experienced New Jersey construction accident lawyers today at 1-800-362-9329 for more information. We also invite you to download a FREE copy of our publication, Hurt in a Construction Accident? You’re Not Alone, so that you can learn more about your rights.
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.