October 14, 2024 | Fromen Injury Law

How Can a Construction Accident Lawyer Help?

A construction accident lawyer helps injured workers pursue the justice and compensation they deserve after a workplace accident. They can help navigate workers’ compensation claims, file lawsuits against third parties, negotiate settlements, and represent clients in court to ensure they receive fair compensation for their injuries.

After a serious injury on a construction site, your sole focus should be on healing, not trying to figure out New York’s personal injury laws. A construction accident lawyer will handle every aspect of the legal process and ensure your rights and best interests are protected at every step.

What Does a Construction Accident Lawyer Do?

When working with a construction accident lawyer, your attorney will help with the following:

Determine If You Are Eligible for Workers’ Compensation

One of the first things you should do after a construction accident is determine if you are eligible for workers’ compensation. Workers’ comp is a no-fault insurance system that provides benefits to employees who are hurt on the job. New York’s Worker’s Compensation Law requires virtually all employers in New York State to provide workers’ compensation coverage for their employees (WCL §2 and 3).

Not all workers qualify under this coverage, however. For example, independent contractors are not classified as employees and generally do not receive workers’ comp benefits. The distinction between employees and independent contractors hinges on certain factors, such as the nature of the work performed and the degree of control the employer has over the worker. 

A construction accident lawyer can assess your situation and determine your eligibility for workers’ comp. If you are entitled to benefits, a construction accident lawyer can help you file a workers’ compensation claim to cover your medical expenses, lost wages, and rehabilitation costs. They will ensure that your claim is filed correctly and on time and maximize your chances of recovering the benefits you deserve.

Determine If You Have a Claim Outside of Workers’ Compensation

In some cases, you may have a legal claim outside of workers’ compensation, in a third-party liability claim. If a party other than your employer, such as a subcontractor, equipment manufacturer, or property owner, contributed to your accident, you may be able to pursue additional compensation through a personal injury lawsuit. A construction accident lawyer can investigate the circumstances of your accident, identify liable parties, and advise you on the best course of action.

Calculate Your Benefits and/or Damages

Determining the full extent of your losses is critical to ensuring that you receive the maximum compensation you deserve. A construction accident lawyer will look at every way your life has been impacted by the accident and calculate your past, present, and future losses.

Workers’ compensation benefits typically cover:

In New York, workers’ compensation covers two-thirds of your average weekly wage before the injury, with a minimum payout of $275 and a maximum of $1,145.43 per week. 

Beyond workers’ comp, you may also be able to pursue additional damages through a personal injury claim, such as:

A construction accident lawyer will evaluate the full extent of your losses and ensure you don’t unknowingly settle for less than you deserve.

Protect Your Legal Rights

Navigating the legal system can be complex, and it’s easy to inadvertently jeopardize your case if you’re not familiar with the process. A construction accident lawyer will protect your legal rights every step of the way, whether you are pursuing workers’ compensation benefits or filing a third-party claim.

To make sure you get the workers’ compensation benefits you’re entitled to, there are a few key steps you need to take:

Failing to follow these steps could put your benefits at risk. An attorney can handle many of these tasks for you and guide you through the ones you need to take care of on your own.

If you have a potential third-party claim, it is in your best interest to consult a construction accident lawyer. Your attorney will handle the legal process, work with medical professionals to support your claim, negotiate with insurers, and make sure you meet all deadlines and legal requirements.

Help You Avoid Costly Mistakes

After a construction accident, there are several common mistakes that can weaken your case. These include missing deadlines, miscommunicating the severity of your injuries, and inaccurately documenting the incident. A construction accident lawyer will help you avoid these pitfalls by guiding you through the process, ensuring that all necessary paperwork is completed accurately and on time, and advising you on how to effectively communicate with your employer and insurance companies. With a lawyer’s help, you can avoid the costly mistakes that could otherwise reduce your compensation.

Negotiate a Fair Settlement

Most workers’ compensation claims and personal injury cases are settled out of court. However, negotiating a fair settlement can be challenging, especially when dealing with insurance companies that are focused on minimizing payouts. A construction accident lawyer has the experience and negotiation skills needed to advocate on your behalf. They will handle all communications with insurance adjusters and opposing attorneys, working to secure a settlement that fully compensates you for your injuries and losses.

Make Sure Your Employer & the Insurance Companies Don’t Take Advantage of You

Unfortunately, some employers and insurance companies may try to take advantage of injured workers by offering lowball settlements or denying valid claims. A construction accident lawyer will ensure that your employer and the insurance companies treat you fairly. They will stand up for your rights, challenge any attempts to deny or undervalue your claim, and take legal action if necessary to ensure you receive the compensation you deserve.

Talk to a Buffalo Construction Accident Lawyer for FREE

If you have been injured while working on a construction site in Buffalo, the construction accident lawyers at Fromen Injury Law want to hear your story. Our firm has helped clients obtain the justice and compensation they deserve for more than 60 years. Our attorneys have the knowledge, skills, and resources you can count on to protect your rights and best interests after a workplace injury.

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Contact Fromen Injury Law today online or at 716-855-1222 for a FREE case evaluation. We proudly serve clients throughout Buffalo and across New York.