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Construction Accident Claims: What to Know

Construction HelmetIn the construction industry, there are countless risks that place workers in danger every day. When something goes wrong and someone is injured, it can be a confusing and difficult time. Difficult because you have to deal with the physical and emotional trauma of the event, and confusing because you may not be sure what happens next.

For example, what if the injury is so bad you can no longer work? What happens if the accident wasn’t because of the owner or supervisor and was caused by another employee? Can legal action still be taken?

These are important questions and information that construction workers must know if they are hurt on a construction site. At The Perecman Firm, P.L.L.C., our New York City construction accident lawyers work with each client to help them understand their rights in the matter. We want you to know all there is to know about these accidents so you can be prepared every step of the way.

What Caused the Accident?

A number of factors can lead to a worker sustaining an injury on a construction site. It is important to determine what caused the accident. Maybe it was the presence of toxic chemicals or a scaffold wasn’t properly secured. Perhaps some debris fell from above the site and hit you on the way down. Whatever the case, knowing what caused the accident can help you determine the answer to the next question.

Who Was At Fault?

Depending on the situation, a number of parties may be considered liable for an accident that occurred on a construction site. Here are just a few scenarios.

  • The employer may be liable if he or she did not provide proper safety equipment or training to their workers.
  • Another employee may be liable if he or she was intoxicated on the job or acted negligently while performing a task.
  • A manufacturer may be accountable if a piece of machinery or equipment was defective and caused the injury.

What To Do Immediately After an Accident

After a construction accident, there are two things that should be done immediately: report the accident to your employer and seek medical attention. By reporting the accident, you are ensuring that your employer knows of the accident and what happened. When you go to a hospital, you can obtain medical records from a professional showing that the accident resulted in injuries. This can support your case.

Once you have done these, you can contact a lawyer to help you understand what kind of claim you can file and what to do next. You will be able to better understand what’s going on and what steps you can take next.

Types of Claims Available

Depending on who is liable for the accident, you may be able to either apply for workers’ compensation benefits or file a third-party claim. A workers’ compensation claim is if the injury was a result of an accident and covers you through the company’s insurance. A third-party claim may be filed if negligence was involved and you need to take legal action against a specific person.

The Process

What happens next all depends on what type of claim you are filing and what the goal is. For instance, if you are filing a workers’ compensation claim, you may have to provide the necessary information regarding the accident and your injuries before you can receive benefits. If you’re filing a third-party claim, you may have to go through multiple steps. This includes:

  • Filing the claim
  • Presenting evidence and documents
  • Negotiating a settlement
  • Trial, if necessary

This can be a very difficult process and it is important that you have peace of mind during such a difficult time. With The Perecman Firm, P.L.L.C. by your side, you can be confident knowing tenacious and experienced construction accident attorneys are looking out for your best interests.

Call our firm today and learn how we may be able to help you.


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