Have you been hurt in a construction accident in Long Island, NY? If so, you might be entitled to recover money through multiple avenues. This money will go toward paying for your medical bills, lost wages, and other expenses, as well as your pain and suffering.
Oresky & Associates, PLLC, can help you determine and follow through with your best legal course of action. We have over 30 years of experience helping people who are hurt on and around construction sites. We have recovered more than $400 million on behalf of our injured clients.
If you are standing up to a powerful construction company or its insurance agency, you can’t afford to go it alone. Contact our Long Island construction accident lawyers at (718) 993 9999 to learn more about how we can help you.
After a construction accident in Long Island, your best option may be to file either a workers’ compensation claim or a lawsuit. Oresky & Associates, PLLC, can help throughout the entire process.
Our personal injury law firm has been recognized by Super Lawyers, as members of the Million Dollar Advocates Forum, and are included in New York Magazine’s “New York’s Leading Personal Injury Lawyers.”
When you hire us to handle your construction accident case in Long Island, New York, we will:
Call our office to get started on your case today. Our Long Island personal injury lawyers work on a contingency fee basis, which means we only get paid if we obtain compensation for you.
Construction accidents in Long Island, NY, are common. The causes range from the predictable to the unexpected. If you aren’t sure what caused the construction accident, our team will investigate the cause on your behalf. This investigation will provide us with the information we need to represent you.
In general, there are two types of construction accidents: those that hurt a construction worker, and those that hurt a bystander. The latter is usually someone who is not affiliated with the construction site, like a pedestrian.
The most common causes of construction accidents harming a worker include:
The most common causes of construction accidents injuring a bystander include:
Whether you got hurt while working on the construction site or were hurt just passing by, we can help. Call our office to learn more about our services.
The value of your construction accident case depends on the facts and circumstances. In general, people who have extensive medical bills will have a higher case value. This often includes people who are permanently or severely injured.
For example, someone who is crushed in a building collapse might undergo multiple expensive surgeries over many years. They may never fully recover. This is different from someone who breaks an arm but heals a month or two later.
Another reason that cases with catastrophic and severe injuries tend to have a higher case value is that these injuries often keep someone from working. If you are unable to work or miss a lot of work for doctor’s appointments, you are entitled to reimbursement to accommodate that loss. The amount that you get will depend on how you pursue the case.
Many other factors can influence how much your claim is worth. For more personalized insight, reach out today to set up your free case review.
There are different types of construction accident cases, depending on your relationship with the construction site and how the accident happened. A lawyer can help you understand the best choice for you.
A workers’ compensation claim is an insurance-based claim for someone who is hurt while at work. This includes construction workers.
In a workers’ compensation claim, the employer agrees that the worker was injured as a result of their job. Their insurance company provides benefits to cover expenses related to the injury.
Workers’ compensation claims can be fast compared to a lawsuit. This is partially because they are not fault-based.
In general, it doesn’t matter if you are responsible for causing your injury at work. If you were hurt because you were careless, you can still receive benefits. That is, as long as you were not under the influence of drugs or alcohol and weren’t intentionally trying to hurt yourself or someone else.
The downside of a workers’ compensation claim is that your damages are limited compared to a lawsuit.
Some people who are hurt while working on a construction site can file a third-party claim or even a claim against their employer.
For example, if you were hurt at a construction site, you might be allowed to sue the property owner, a machinery manufacturer, or an engineer. You are not employed by these individuals, but their negligence may have contributed to your accident.
New York labor laws, such as Labor Law 241, also allow construction workers to file lawsuits against their employers under certain conditions. This may be true even if your employer carries workers’ compensation insurance.
The benefit of these claims is that they increase the amount of damages that you can receive.
If you were a pedestrian or innocent bystander hurt by a construction accident, you can file a traditional personal injury lawsuit.
When you file a personal injury lawsuit, you have all potential options for damages available to you. This means you can maximize your recovery. Usually, in these cases, the construction company will still have an insurance policy that will cover your damages. You can use this as a first option and then pursue a personal injury lawsuit if it is denied or the settlement offer is inadequate.
The damages that you recover after a construction accident depend on the type of case that you file.
If you file a workers’ compensation claim, you can expect to recover:
Your disability benefits will include wage compensation; however, it won’t be for the full amount. You are only entitled to recover ⅔ of your wages before getting hurt up to the maximum weekly allowance.
While you can expect to get these damages fairly quickly and without much of a fight, it won’t be a perfect recovery.
If you file a lawsuit, either through a third-party claim or a personal injury lawsuit, then you have more damages available. You can recover economic damages, non-economic damages, and potentially punitive damages.
Economic damages are financial losses. This will cover:
Additionally, you can also recover non-economic damages. These damages cover emotional suffering and harm that is not easily calculated. Examples of non-economic damages include:
This type of damage is highly personal and will depend on how you have been personally affected by the accident or your injuries.
The final category of damages is punitive damages. Punitive damages are more difficult to recover, and not every plaintiff is entitled to them. The purpose of punitive damages is to punish a defendant for acting extremely recklessly or intentionally. You must prove more than mere negligence. In these situations, the defendant had particularly bad behavior.
If you are filing a workers’ compensation claim, it doesn’t matter if you contributed to causing the construction accident (as long as you weren’t intoxicated and it wasn’t intentional). That means that even if you were negligent at work, you can still get paid.
If you are filing a lawsuit, shared blame could come into play. However, simply because you are getting blamed doesn’t mean that you won’t recover any damages. The best thing to do if you are getting blamed is to talk to a lawyer.
In the case of a personal injury lawsuit, New York applies a pure comparative negligence law. That means that you can still recover proportionate damages, even if you are partially responsible. Specifically, you can recover damages proportionate to the defendant’s percentage of responsibility.
For example, if the defendant is 60% responsible, and you are only 40% responsible, you can recover 60% of your damages. This applies even if you are the majority to blame for causing the accident.
Construction is one of the most dangerous industries. Construction accidents can cause serious injuries and even death.
The most common types of injuries are:
Oresky & Associates, PLLC, can help you no matter the type of injury. We will request and review your medical records to make sure that we fully understand the damages you need to become whole again.
If you are filing a construction accident lawsuit, the deadline is three years from the date of the accident (or discovering the injury). If you are filing a wrongful death claim on behalf of a loved one, it is two years.
If you are filing a workers’ compensation claim based on the accident, the timeline is different. You must tell your employer about the injury within 30 days. From that point, you have two years to file the actual workers’ compensation claim.
These deadlines are incredibly important. If you miss them, you may lose your legal right to pursue damages. A lawyer can help you keep track of important deadlines and make sure you are meeting your legal obligations each step of the way.
Don’t wait until it is too late to talk to a Long Island construction accident lawyer. Call Oresky & Associates, PLLC to set up a free consultation. We will discuss the details of your case and explain your legal options. It’s also a great opportunity to learn more about our law firm and how we can help you during this stressful time.