Blue-collar work is dangerous, and nowhere else is this more evident than on an average Nassau County construction site. Heavy loads and running machinery are hazards that can cause serious injury to even the most experienced of workers.
The risk of injury in blue-collar work is a serious concern, which is why organizations like the Occupational Safety and Health Administration (OSHA) exist. These entities are dedicated to ensuring your safety on the job. In addition, New York State implements legislation such as the scaffolding law, the no-fault workers’ compensation law, and protection from retaliation, all designed to protect you in the event of an accident.
However, despite all manner of safety precautions and measures in place, the reality is that risk is never at zero. Sometimes, accidents happen, injuring the workers who literally build up our country.
Any accident injury has the potential to alter workers’ lives and the lives of entire families, and the repercussions are often more than just the initial impact of a six-figure medical bill. It isn’t uncommon for victims to lose weeks of work, which in turn means more losses, and that isn’t even counting the emotional and mental toll of the injury.
When it comes to construction site injuries, the CEO Lawyer Personal Injury Law Firm stands out. We offer comprehensive legal services tailored to your specific needs.
If you’ve suffered an injury and need compensation, you can trust us to fight for your rights. Call (516) 689-1132 to start your journey to recovery with us.
Contact the CEO Lawyer Personal Injury Law Firm today and allow us to help you build your life back up.
Do I Need a Nassau County Construction Accident Attorney?
In the event of a construction accident, New York State mandates employers to provide injured employees with medical care as determined by the injury. This law provides accident victims with a clear path to recovery in the event of an injury at work.
Unfortunately, a straight path does not necessarily mean an easy path for the average construction worker. While most companies try to protect their employees, there are always bad ones who prioritize cutting losses over giving their workers a fair share of their suffering, not to mention insurance companies who will often try to make lowballed offers to injured employees.
Not every employer is unfair, and not every offer is unfair, of course, but they are becoming more common. It’s these unfair offers that may necessitate the presence of a construction accident attorney at your side.
Here are some signs that might indicate you need an attorney’s services.
- The presence of severe injuries: More serious injuries mean larger claims, which in turn means a more hesitant insurance company. If you require extensive medical treatment, it is more likely that the company’s insurer will want to look for a reason to avoid making a payout.
- Damages exceed coverage: There are times when workers’ compensation alone does not suffice to cover an injured party’s losses. In these cases, you will likely be able to file for the maximum amount under the company policy without a Nassau County personal injury lawyer’s help; however, it also means you need additional sources for compensation to cover the entirety of your injuries.
- The event of a claim denial: While rare, there are instances where insurance will refuse to cover workers’ compensation for any one of a number of reasons. Such reasons may be related to the injury itself, the claims procedure, or a simple issue with evidence.
- Injury-related: A claim can be denied if the insurer suspects the injury did not come from work, even if it occurred on the premises. Preexisting conditions, intoxication, and drugs can all be used as excuses to deny a claim.
- Procedural issues: These often include missed deadlines or incomplete or inaccurate information when filing. These are usually easy to fix by completing forms, but such denials can eat up valuable time that accident victims need in order to pick themselves back up.
- Issues with evidence: Issues such as doctor disputes are common reasons insurance companies look for to refuse to make a payout. In some cases, an insurer may recommend specific doctors, but some of these recommendations may be made specifically to save them money. A victim choosing a different doctor can be used as a reason to diminish or even deny the claim.
While these are some general reasons you might want to consider a construction accident attorney’s services, the only way to really know for sure whether or not you need one is if you speak with one. Nassau County personal injury attorneys from the CEO Lawyer Personal Injury Law Firm offer free consultations, allowing you to get a fair assessment of how much your claim is worth.
Different Accidents on a Construction Site
Heavy machinery, heights, and hazardous substances all make construction dangerous places for the unprepared. One wrong move around any of these dangers can lead to various accident scenarios.
Common such accidents include the following:
- Falls from heights: Falls account for the most fatalities in the construction industry, amounting to more than 30% of all construction-related deaths in 2020 alone. The potential for falls is ever-present when working on roofs, scaffolding, adders, and cranes.
- Struck-by incidents: Falling objects, swinging loads, and moving equipment can all have the potential to cause serious injury with sheer mass, even when impacting a person at low speeds. Some struck-by accidents can also lead to falls, as is the case when a person gets carried by a heavy load and is pushed off a height.
- Electrocution: Proximity to electrical wiring and power lines is a regular hazard, especially because connecting a building to the power grid is part of pretty much every construction project. The very power tools workers use on the job are also a potential cause of electrocution accidents.
- Caught-in and caught-between incidents: Getting caught between large and/or heavy objects such as machines or collapsing structures can potentially lead to crush injuries. These incidents also present the threat of trapping victims for prolonged periods of time if other workers do not notice the event.
- Slip-and-fall accidents: Debris and inconsistent lighting on a construction site can easily lead to slip-and-falls. This is especially a risk when workers are carrying heavy loads on their person that can potentially affect their balance and/or coordination.
- Trench collapses (cave-ins): A devastating accident scenario that occurs when the ground where a trench was dug gives way; a trench collapse has the potential to trap and bury entire teams of workers. Trench collapses can be caused by poor supports along the sides of a trench, unstable soil, bad weather, or a combination of multiple factors at once.
- Vehicle accidents: Construction work can sometimes hinder road access with reduced lanes, uneven pavement, and merge zones, increasing the odds of collisions occurring. Construction vehicles coming in and out of the site also have a tendency to take up a lot of space while also impairing the visibility of nearby drivers.
- Hazardous material exposure: Dangerous materials abound on construction sites. Asbestos, lead, silica dust, and other similar materials have the potential to cause serious harm to on-site workers, sometimes even with the proper safety measures in place.
- Repetitive stress injuries: Repetitive motion can overwork certain parts of the body, specifically in the back, wrists, arms, and shoulders. Without proper and sufficient rest and care, this can lead to strains and sprains or worse.
- Fires and explosions: Flammable materials, gas leaks, and faulty wiring are all potential fire hazards found in any standard construction site setting. While a half-decent construction worker can be expected to know how to handle fires, the risk of burns is still present, and the risk of explosion means there is a chance of a fire getting out of hand before it can be put out.
These various scenarios combined mean almost any injury imaginable is possible on a construction site. A good lawyer on your side should be familiar with each of these potential disasters know how to navigate them in a way that fast-tracks you towards a fair claim.
Avenues of Compensation After a Construction Accident
The structure of New York State law affords multiple means of compensation for victims of construction accident injuries. A construction accident lawyer will help you understand which method best applies to your case.
Workers’ Compensation
As previously mentioned, workers’ compensation is the main method of compensation in the wake of a construction accident. It provides a no-fault payout, which means you benefit from it no matter if you contributed to the accident or not.
New York State Workers’ Compensation Law (WKC) covers medical expenses, lost wages, and some disability benefits in the event of permanent injury. However, mental injury and harm are rarely compensable under WKC.
New York has time limits for receiving WKC benefits. Workers cannot receive benefits for the first seven days they miss work due to injury, but if they miss more than 15, this waiting period is deemed irrelevant, and workers are eligible for benefits for the initial seven missed days.
In order to make a workers’ comp claim, keep the following in mind:
- You have 30 days to notify your employer in writing about your work-related injury or illness.
- You have up to two years from the date of your injury to file a formal workers’ compensation claim with the New York Workers’ Compensation Board.
- You have an extended deadline of two years and 90 days to file a claim if your injuries include hearing loss.
These limits are much lower than the standard three-year statute of limitations on personal injury claims, which means you will have to act quickly. Missing deadlines can negatively impact the value of your claim or even get it denied entirely.
Having a construction accident lawyer on your side allows you to meet these deadlines despite the chaos immediately following a construction site tragedy. Our experts at the CEO Lawyer take the burden off your shoulders so you can focus on your recovery plan.
Personal Injury Protection
If your incurred losses exceed the amount you are entitled to under workers’ compensation, you may be eligible to make a claim under your personal injury protection (PIP) plan, which you likely have if you own a car in Nassau County. Despite being a driver’s requirement, PIP coverage extends to all aspects of your life rather than only when you are behind the wheel of your vehicle, making it a valid route to compensation in a construction accident.
Keep in mind that you cannot make a PIP claim if your workers’ compensation claim already covers all your damages.
Personal Injury Lawsuits
If the accident was caused by third parties (neither the employer nor the employee), you may be able to pursue legal action against the at-fault party. This is less common than the first two options because construction sites are usually restricted areas, but they can happen.
Say, for instance, that teenagers were illegally on a construction site and accidentally loosened straps on a heavy load, which then struck a worker and fractured two ribs. The employee, in this case, would be entitled to a workers’ comp claim, would be allowed to file a PIP claim if they have it and workers’ comp is insufficient, and, finally, has the right to pursue legal action against the teenagers who caused the accident (or more likely, their guardians).
Choose the CEO Lawyer When You Need a Nassau County Construction Accident Law Firm
Our Nassau County personal injury law firm understands the dangers inherent to construction sites and the risks that people face on and around them. We are well-versed in the intricacies of personal injury law as applied to the hazards of construction work and secure the highest possible amounts for those who entrust their cases to us.
Lead Attorney Ali Awad heads our firm with the will to get justice for the people of Nassau County. He brings over a decade of experience and a proven track record of success to each case he works on.
When you need a guiding light in your search for a path to recovery, turn to the CEO Lawyer Personal Injury Law Firm. We are ready to ease your burden and get you the compensation you deserve.
Contact us today at (516) 689-1132.
