Construction can be a gratifying occupation. However, it’s also a dangerous one. Every day, construction workers work on elevated platforms, operate heavy machinery, move around in confined underground spaces, and are exposed to high levels of noise and hazardous materials. As a result, construction sites are often full of injury opportunities. If you have had the unfortunate experience of being hurt on the job while working in construction, you know how devastating these incidents can be. Unfortunately, Nassau County construction accident lawyers have witnessed all the ways these situations can worsen in the aftermath.
Denied claims, lowball settlement offers, pressure from the workplace, and confusion surrounding workers’ compensation laws and regulations are the norm. All of these issues can make it challenging to pursue compensation, all while you face lost wages, mounting bills, and a long road to recovery. In situations like these, you need someone to come alongside you to point you in the right direction and help you go after the compensation you need and deserve. If this is your struggle, contacting an attorney is key to finding a resolution.
What to Do After a Construction Accident in Nassau County
Seek Medical Attention
Your first action when a work-related injury occurs should be to prioritize your own health and well-being. Even if you are not in pain, you should seek medical care as soon as possible after an accident or exposure to dangerous chemicals. This helps ensure you’re okay and can be treated immediately for any life-threatening conditions.
Inform Your Employer
The New York Workers’ Compensation Board requires that you inform your employer of your injury via a written notice within 30 days of your injury. If you fail to do so, your claim may be at stake. When possible, consult your employee handbook and follow any additional reporting procedures to ensure you have all your bases covered.
Document Everything
If you are able to do so, take pictures of the site where your injuries occurred. If anyone was around to witness your injury, get statements from them as soon as possible after the incident occurs. This documentation will come in handy should you need to build a case against your employer in order to pursue the compensation you truly deserve.
Fill Out and Send a Form C-3
When you report your injury to your employer, they should provide you with an Employee Claim Form (C-3) from the Workers’ Compensation Board. This form should be filled out and submitted directly to the board within 30 days, which is the beginning of your claims filing process.
Consult a Construction Accident Lawyer Near You
The laws surrounding workers’ compensation and construction accidents can be confusing, and insurance companies often use this to their advantage. What you need is the help of an attorney who knows the insurance industry inside and out and can anticipate their strategies and tactics. An experienced workers’ compensation lawyer in Nassau County can inform you of your rights, investigate the causes of your accident, negotiate with insurers on your behalf, and pursue justice in your case.
You don’t have to face the aftermath of your construction accident alone. Call our Tucker Lawyers PC team at (516) 399-2364 for a free consultation to discuss your rights.
Pursuing Compensation for Your Construction Accident Injuries
It may seem obvious that you should receive compensation for your work-related injuries, especially if your employer was negligent about following safety protocols. However, it’s essential to realize that not everyone sees things this way. It’s not uncommon for it to be more challenging to get compensation than an injured worker expects it to be.
Claim Denials
You can submit a claim for workers’ compensation after an injury, but that doesn’t mean it must be accepted. Insurance companies deny claims for many different reasons, including:
- Filling out paperwork incorrectly
- Having no witnesses or documentation
- Having a pre-existing injury
- Falling victim to an employer’s intimidation or delay tactics.
If your claim is denied, you can file an appeal or go another route to seek compensation.
Third-Party Liability
In some cases, you may be able to go after a third party for compensation. This happens often when a worker is injured due to a faulty piece of equipment. While that may not be your employer’s fault, you may be able to hold the manufacturer responsible for your injuries if you can prove negligence on their part. A Nassau County construction accident attorney can help investigate your case and determine whether a third party was at fault. If this is true, they’ll also be able to help you build a solid case should you decide to file a lawsuit.
Scaffolding and Work Zone Accidents
If you fell off of scaffolding or were injured in a highway work zone, your injuries are governed by different laws. As a result, the claims process may be different for you, and you must know which steps to take in order to receive compensation for your injuries.
The Benefits of Working With a Construction Accident Attorney in Nassau County
Get an Accurate Assessment of Damages
An experienced construction accident attorney has seen all types of injury cases and knows how to determine the value of your medical care, lost wages, and loss of future earning potential. This helps ensure you aren’t undercompensated.
Avoid Jeopardizing Your Claim
All it takes is a few missteps to end up with a claim denial. Contacting an attorney soon after your injury can help you avoid any actions that could put you in danger of not receiving compensation.
Negotiate With Insurers
Insurers often toss lowball offers your way, hoping you will just accept what you are offered. A good construction accident attorney has strong negotiation skills to go after an amount that is more appropriate given your situation.
Knowing who and what is responsible for your injuries is key to getting the compensation you deserve. A construction accident lawyer can thoroughly investigate to determine the root cause.
Why Choose Us?
At Tucker Lawyers PC, experience is our most significant differentiator. John J. Tucker, Esq., managing attorney, began working in the insurance claims industry in 1990. He knows their tactics and how hard they work to save money by reducing workers’ compensation payouts. Our team is passionate and will fight tirelessly alongside you to ensure your rights are acknowledged and upheld. Just ask our past clients for whom we have won tens of millions of dollars in settlements to help them heal after being injured due to someone else’s negligence.
FAQ
After a workplace injury, life can quickly become a whirlwind. A construction lawyer in Nassau County can answer your most pressing questions about medical care, compensation, and your rights at work.
Can I choose my own doctor after a construction accident?
If your employer’s worker’s compensation insurance company has a preferred provider organization, you may be required to see an in-network physician for the first 30 days. You will eventually be able to choose your own doctor as long as they are authorized to provide treatment by the New York Workers’ Compensation Board.
What if my employer doesn’t have workers’ compensation insurance?
The New York State Workers’ Compensation Board maintains an Uninsured Employers Fund for workers who cannot file claims because their employer doesn’t carry insurance. Still, the monetary award from the fund may not match what you need or deserve. In this case, it’s a good idea to speak with a lawyer about other avenues to pursue compensation, such as a direct lawsuit.
Is it okay to talk to the insurance company after a construction accident?
There are no laws prohibiting you from speaking with your employer’s insurer. In some cases, your employer’s insurer may have a “cooperation clause” requiring you to submit a statement to aid in their investigation of your case. Whether you are or are not required to do so, you should consider speaking with an attorney before communicating with an insurer, as anything you say can be held against you in your case.
Can I be fired after filing a workers’ compensation claim?
Unfortunately, there are situations where you can be fired after filing a claim, such as financial hardship, poor performance prior to your claim, or your inability to perform work. However, your employer cannot fire you in retaliation for filing a claim or asking for accommodations at work. If you suspect you are being retaliated or discriminated against, you can file a complaint with the Workers’ Compensation Board. You should also call an attorney to discuss your remedies.
You have rights when it comes to workplace injuries. Don’t let an employer or insurer talk you out of them. Instead, get help from a knowledgeable legal professional who can help you determine the right next step.
Safety Should Be Your Employer’s Number One Priority
Employers are required to do everything they can to prevent injuries on construction worksites. Whether due to negligence, defective equipment, inadequate scaffolding, or other reasons, construction accidents do happen, and they can be life-altering for the workers who experience them. If this has happened to you, it’s crucial to have someone on your side who can help you wade through the mess and take the necessary steps to pursue the compensation you deserve. This way, you can focus on your recovery while your attorney fights for your rights under the law.
A free consultation with an experienced attorney can help you get moving in the right direction. Call Tucker Lawyers PC today at (516) 399-2364 to schedule yours.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]