Following strict rules and standards on the working site is essential in the construction industry.
We all know that even the slightest mistake can lead to serious injuries. Even when you are following all the safety measures, there is still risk involved.
That is the main reason why it is crucial for companies to have proper insurance that can cover the expenses in case some worker gets injured. If you live in New York, and you got injured at work so now you have to go through the legal process, the best solution is to choose a New York construction accident lawyer.
The main issue is when the company your work for is not proving the right terms, and you are not satisfied with the offered compensation. In that case, you will have to go to court. Here are some important details to know about your rights and steps to make in the process.
Most Common Accidents
Source: jnylaw.com
As we already mentioned, working on a construction site brings much higher risks of injuries, and that can be the case even when you are following all the rules and the company is following the safety measures.
Some of the most common injuries are falling, getting struck by some object, electrocutions, and more. These incidents can lead to a variety of lighter or more serious injuries like broken bones, damaged spinal cord, brain damage, and other risks.
Before you start working for some company, it is advised to check if they are legit. It can be an issue when you are working for a private company that is working on smaller objects since they are more likely to skip dealing with some safety measures.
Also, be sure to have a contract with them, and that they have a valid insurance policy. Even if they don’t have one, you will still get compensation. However, the fact that they are following all the rules makes them more legit.
Who is Responsible?
Determining responsibility in construction accidents can be complex, as multiple parties may share liability. The primary parties involved include contractors, subcontractors, property owners, architects, engineers, equipment manufacturers, and even governmental entities responsible for enforcing safety regulations.
Contractors and subcontractors are typically responsible for providing a safe work environment, ensuring proper training, and adhering to safety protocols. Property owners may have a duty to maintain safe conditions on their premises. Architects and engineers must design structures that meet safety standards.
Equipment manufacturers should produce and maintain safe machinery. Therefore, multiple parties can be included as responsible ones. The key is to investigate all the circumstances to that you can define the percentage of responsibility held by different parties.
Legal Rights
Source: lopezdefilippo.com
If you have been injured in a construction accident, it is crucial to understand your legal rights. The law might not be the same in each state. However, the key features remain the same, including your right to demand proper compensation.
Workers’ compensation is a no-fault system, which means that you can receive benefits no matter who caused the accident. Still, there is a chance that a company won’t cover the whole amount. For example, if there is a third party involved, you will have to pursue a lawsuit against them unless they are willing to make a settlement.
Types of Damages
The common misconception is that the side fault for the accident only has to cover your medical expenses. They will need to deal with any bills that you will have to pay for your treatment in the future as well, including meds, procedures, rehabilitation, and more. Also, lost wages must be included in the deal. Since you won’t be able to work for at least some time, the responsible side will need to recover your losses.
There is also an additional sum that you will get for pain and suffering. It depends on how serious the injuries were, emotional pain, and more. Another expense is related to property damage. That is related to your clothes, tools, vehicles, and all other equipment.
Apart from that, we have to mention the punitive damages, which are often the main reason why people choose court over settlement. This part is related to special compensation that you will demand in case the other party was showing negligence and misconduct.
Create a Report
This is a crucial part of the process. You have to pay special attention and include all the details since that is the only way to get a fair amount as part of compensation. Therefore, collect the evidence from the spot, take pictures of damaged property, and provide medical reports.
Settlement vs. Trial
Source: sumnerlawgroup.com
A lot of people are always more interested in the first option, which is not a surprise considering that it is much easier than spending a lot of time in the legal process. However, it is not always that simple. For example, if you cannot settle a proper deal with the other side, the second option is a must. Also, if the amount offered by the responsible party is much lower than expected. At trial, a judge or jury will evaluate the evidence and decide on liability and damages.
Importance of Hiring a Lawyer
Finding an expert in this area is always the best option. Even if you think that you can settle a proper deal, you should contact the lawyer to check if that really is a good choice. You can easily miss some important detail and lose a big part of your compensation.
In case you opt for a trial, getting an experienced attorney is a must. He will guide you through the process and help you gather all the crucial evidence that will secure the right amount.
Last Words
In the end, having insurance is essential. When you have one, you will get proper compensation even if you were responsible for your injuries. Learning more about all these details is important because there is a chance to miss something that will reduce the amount. Therefore, hiring a lawyer is always the right choice.
