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Long Island Construction Accident Lawyer

Long Island is a hub of construction activity, and the workers on these construction sites face a number of risks every time they are on the job. While there are regulations in place intended to keep workers safe, property owners and general contractors do not always comply with the law. Instead, they prioritize meeting deadlines and making profits over the well-being of construction workers. If you or a loved one has been injured or killed on a construction site, contact an experienced Long Island construction accident lawyer from Silberstein, Awad & Miklos, P. C. today.

Common Types of Construction Accidents

Construction sites are inherently dangerous. When a person acts recklessly or does not take the appropriate actions, it is extremely dangerous to everyone on the site. The most common types of construction accidents include:

  • Construction defects: When building materials, buildings, and structures are defective, they create an unsafe worksite that could lead to an accident.
  • Ladder accidents: Ladders that are damaged or that are not positioned correctly can result in a serious fall.
  • Roof accidents: Roof accidents happen in a number of ways. A worker may fall off a roof or an object that is not properly secured on the roof can fall on a worker below.
  • Falling hazards: Construction site workers carry and use a lot of equipment on the job. When this equipment is not secured properly, it can fall and hit someone below.
  • Ceiling collapses: Structural issues, water leaks, and more can result in a ceiling or roof collapse.
  • Crane accidents: Cranes are very large pieces of equipment that can result in serious injuries to innocent bystanders, crane operators, and nearby workers. Construction companies are responsible for performing proper maintenance, inspections, and repairs to cranes to ensure they are not defective and will not malfunction.
  • Scaffolding accidents: Scaffolding is a very important piece of equipment on construction sites. It is necessary so workers can perform work at a height, and in hard to reach areas. New York has a scaffolding law that is intended to keep workers safe, but that law is not always followed. When scaffolding does not have proper guard rails, safety nets, and restraint systems, it can lead to a serious accident that could result in serious injury or death.

Sadly, the above are just a few of the most common types of construction accidents in Long Island. A Long Island construction accident lawyer will investigate any accident to determine which party is liable and hold them accountable for paying damages.

Investigating a Construction Accident

If you have suffered an injury in a construction accident, you face many roadblocks when trying to seek compensation. Regardless of whether you are pursuing an injury claim or workers’ compensation benefits, you will have to navigate a complex legal process. Although you can handle your case alone, a Long Island construction accident lawyer will investigate the claim and advise on whether a workers’ comp claim is appropriate or whether you can file a third-party claim.

A lawyer will also conduct an investigation to collect evidence to support any claim you file. The most important pieces of evidence include:

  • Medical bills and other documents
  • Prescription medication documentation
  • Bills and receipts for travel expenses and other out-of-pocket expenses
  • Video surveillance of the accident
  • Pictures of the accident scene
  • Statements from eyewitnesses
  • Workers’ compensation insurance policy
  • Job description
  • Reports of lost wages
  • Paycheck stubs

This important evidence can prove your claim so you recover the full amount of damages you need, whether those are workers’ comp benefits or compensation through a personal injury claim.

Benefits Available Through Workers’ Compensation

Many construction workers think the only way to claim compensation after a workplace accident is through a workers’ compensation claim. It is true that these benefits are available for many people. When filing a workers’ compensation claim, you can recover benefits for medical expenses, as well as a portion of your lost income.

Workers’ compensation will provide benefits for all necessary and reasonable treatment related to a workplace accident. To receive these benefits, you must see a doctor on the Workers’ Compensation Board Approved List or you will have to pay for your medical expenses yourself. Workers’ compensation benefits will also replace a portion of your lost income. To receive these benefits, you must be unable to work for at least seven days. The benefits you are eligible for depend on the degree of the disability you have suffered.

Construction Accidents and Third-Party Injury Claims

While workers’ compensation is available after many different types of construction accidents, this is not the only way accident victims can claim compensation. There are instances in which accident victims can recover compensation through a personal injury lawsuit, known as a third-party injury claim.

To file a third-party injury claim, the liable party must not have any relation to the employer. For example, if a construction worker used a defective piece of equipment and became injured as a result, they can hold the manufacturer liable for paying damages through a personal injury claim. Personal injury claims do typically take longer than workers’ compensation claims, but they also hold many benefits.

While a workers’ comp claim will only provide benefits for medical expenses and a portion of the employee’s lost income, a personal injury claim can provide many more damages. These include:

  • Medical expenses
  • Lost income
  • Loss of future earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Permanent disability or disfigurement
  • Loss of consortium

A Long Island construction accident lawyer can help individuals through the personal injury claim process so they recover the maximum damages available.

Get Legal Help Today

If you have been hurt or have lost a loved one in a construction accident, our Long Island construction accident lawyers can assist with your case. At Silberstein, Awad & Miklos, P.C., our skilled attorneys can advise you of your legal options and help you through the appropriate claim process for your case. Contact us today to schedule a free consultation.