In an industry as dangerous as construction in our city, it's crucial to understand how to start your construction accident case in New York to secure proper compensation and necessary benefits.
Covering All Expenses Associated with Your Injuries
After sustaining a construction site injury, the foremost question is who will cover the medical expenses, which can be considerable.
Worker's compensation provides coverage for the following:
- Medical transportation, including ambulances and subsequent trips for future consultations.
- Hospitalization and any required hospital services, including intensive care admissions.
- Surgeries and surgical procedures are necessary to address the injuries.
- Future lab visits for health monitoring processes, such as X-rays or clinical studies.
- Medical consultations.
- Rehabilitation therapies (sometimes only covering traditional medicine therapies and not alternative ones, such as acupuncture or homeopathy).
Economic Protection During Rehabilitation
A significant concern after a construction site injury is how to support oneself financially during rehabilitation. Worker's compensation assists by:
- Offering a portion of your lost wages while you recover.
- Implementing compensation schemes for reduced work capacity, ensuring income continuation.
- Providing pensions for those with permanent disabilities resulting from the accident.
Protecting the Family of a Worker Who Dies in an Accident
In the tragic event of a fatal construction accident, worker's compensation extends several benefits to ease the financial burden on the family of the deceased worker:
- Funeral and burial expenses are covered.
- Dependent family members may be eligible for pension benefits, calculated based on the worker's earnings before the accident.
However, when a construction accident occurs, a worker's first question is:
How Can I Obtain My Worker's Compensation?
By law, all companies need to enroll their workers in the Worker's Compensation Program to protect their rights in case of an accident.
To claim this compensation, the New York government establishes procedures and processes that must be completed accurately and in a timely. One of the main steps is filling out this online claim form, which requires the following information:
- The injured worker's details include name, phone number, postal address, and Social Security number.
- Details of the company/employer for which the injured worker works (name, address, location of the injury, name and phone number of the direct supervisor, and date of entry into the company).
- Information about the worker's job position (job title, tasks associated with the job, gross salary amount before taxes, and whether there are bonuses or other benefits in addition to the salary).
- Information about the injury (approximate date and time of the accident, place, and circumstances of the accident, description of the injuries suffered, specification of any objects involved, and if there were witnesses).
- Detail if the accident has prevented the worker from being able to work.
- Specify the medical care you are treating the injuries with.
In addition to correctly filling out this form, to obtain compensation, the injured worker must take the following actions within the specified time
Seek medical attention immediately after the accident.
- Obtain a preliminary diagnosis of the injuries from an authorized medical service provider within 48 hours after the accident.
- Notify the employer about the injury as soon as possible (within 30 days).
- Ensure that the employer's insurance company generates a report on the accident, establishing the worker's rights to receive compensation within no more than two weeks from when the company receives the notification.
- Complete the New York government's claim form with all the available information.
That's why it's so vital for a construction injury victim to consult with an experienced construction accident lawyer, like those at Gorayeb & Associates, who have won over a billion dollars in compensation for injured construction workers.
Why Do I Need a Worker's Compensation Lawyer?
When a worker suffers an accident, they may seek:
- Justice for their case when they suffer an accident.
- To recover from their injuries with financial peace of mind.
And precisely, seeking justice in their case and assisting them in getting compensated is the job of Gorayeb's lawyers, who understand that an injured worker only wants to rehabilitate and does not have the spirit, time, or energy to undertake the tedious and complicated procedures required to obtain worker's compensation for construction.
That's why at Gorayeb & Associates, we meticulously gather all the requirements and ensure the claim for your compensation has all the necessary elements to receive it as soon as possible without any issues.
It's also crucial for workers to be aware that being enrolled in the Worker's Compensation Program prevents them from suing their employer. However, this does not mean that other parties responsible for the accident, such as individuals or contractors, cannot be sued.
For example, a drunk driver hit two workers at a poorly marked construction site. One hired Gorayeb & Associates and won a $6.5 million compensation. However, his colleague hired another firm and received only $80,000. The difference was that Gorayeb's lawyers identified that, in this case, it was also possible to sue the contractor and the driver.
How Much Does It Cost to Hire a Worker's Compensation Lawyer from Gorayeb?
Concerns about the expenses of hiring a lawyer for a construction accident lawsuit are common among those suffering from a construction site injury. Gorayeb & Associates offers a financial model that eases these worries:
- Clients are not required to pay any upfront fees when filing a claim for a construction injury with us.
- Our firm operates on a contingency fee basis, dedicating our resources to your construction site injury case without any initial cost to you.
- Success, in your case, means we receive a predetermined settlement percentage; if we don't win, you owe us nothing.
This approach ensures our commitment to securing the best outcome for your case with no financial risk to you.
What types of injuries do construction workers suffer?
According to data from the New York government, the construction industry is the most dangerous to work in the United States. Construction workers expose themselves to a wide range of injuries. The most frequent include:
- Broken bones
- Fractured ribs
- Brain injuries (from mild concussions to severe traumas),
- Back and spinal cord injuries
- Spinal cord injuries (which may lead to various types of paralysis)
- Amputations
- Crushing injuries
- Eye injuries
- Burns
- Poisoning
- Injuries to knees, elbows, ankles, abdomen, and chest
- Whiplash and other neck injuries
- Internal organ bleeding
- Lacerations
- Death due to negligence
What types of construction accidents report the most injuries?
At Gorayeb & Associates, we specialize in defending New York construction workers in any accident they have suffered. Here are some of the main types of accidents we can help you with:
Gorayeb's construction worker compensation lawyers are your best choice
If you or a loved one requires the services of a construction worker's compensation lawyer, Gorayeb & Associates is your best option because:
We have won over a billion dollars for our clients.
Hiring us costs you nothing out of pocket!
We have a broad history of satisfied client testimonials.
Frequently asked questions about starting your construction accident case in New York
Suppose you suffer injuries in a municipality or governmental organization in New York State. In that case, you have up to 60 days to file a lawsuit. In other cases, the timeframe to start a lawsuit is three years from the day the accident occurred. If you suffer an accident, you should immediately consult with a lawyer to understand your rights and the steps you should take to protect yourself.
If you or someone you know face injuries from an accident, call Gorayeb & Associates for a free consultation.
It's crucial to hire a lawyer specializing in the accident you experience. You should look for a lawyer who listens to you and is willing to help with your concerns. Therefore, the lawyer you hire must have proven experience winning accident cases like yours.
How can you know if the lawyer you want to hire has experience in winning accident lawsuits?
Here are some questions you can ask:
- What type of accidents do you specialize in?
- Have you handled cases like mine before?
- How long will it take to resolve my case?
- How often will you communicate with me?
- Can I contact you directly if I have questions?
- What are your fees?
- How much time will you dedicate to my case?
No. Both our law firm and our team of investigators, which includes retired New York Police detectives, will work to gather all the necessary information to win your case.
Our investigators contact witnesses and visit the accident site to collect the necessary information. It's our responsibility to obtain all the information and documentation to win your case.
Five factors determine the value of a lawsuit:
- The legal responsibility of the defendant (how the accident occurred).
- The cost of your medical treatment (doctors, hospitals).
- The amount of money you lose because your ability to work was affected.
- Compensation for the pain and suffering caused by the accident.
- Compensation for life changes due to the accident.
If you are married, your spouse may also have the right to claim compensation.
Yes! You can make a claim. It's important to note the exact date and time of your accident, along with any other information that can help your case, such as the weather, traffic, or workplace conditions (depending on the type of accident you had).
The entry times within your medical reports can be used as evidence, especially if you went to a hospital or saw a doctor for a check-up after the accident.
You should bring all documents related to your injury from the accident. For example, the police report, a copy of your auto insurance, photos of your car and injuries, and copies of medical reports for injuries caused by the accident. It's also helpful to present estimates and repair records for the vehicle, expenses for renting a car, information about lost wages, and any expenses incurred due to the injuries from the accident.
This type of loss is known as wrongful death. In these cases, spouses, domestic partners, parents, children, siblings, and grandparents can file a wrongful death claim against the responsible parties.
The relationship with the deceased dictates the claim's priority, meaning that the compensation will be sought depending on that relationship, including financial support, loss of companionship, affection, love, care, comfort, society, loss of consortium, and funeral and burial expenses. Because the loss of a loved one can completely alter the family's life, it's crucial to have an expert lawyer to help claim your compensation.
Yes. Cities and counties are responsible for their negligent acts and those of their employees. But these acts are regulated by different statutes of limitations, which can only prevent your claim if complied with. Therefore, you must consult a lawyer as soon as possible about what you can do in your accident case.
Why hire Gorayeb & Associates for your case?
Now that you know how to start your construction accident case, we can help you seek justice. Let our expert accident lawyers work on your compensation case while you focus solely on regaining your health. Call us now and book your free consultation.
