Suffolk County’s growing population means new construction projects, including residential, commercial, and mixed-use developments. More construction projects can lead to higher chances of construction accident injuries occurring.
Whether you are a construction worker, site visitor, third-party contractor, or bystander, you could pursue compensation for a construction site injury. The Suffolk County construction accident attorneys at Trantolo & Trantolo, LLC can assist with your claim.
Bringing your case to our Suffolk County personal injury lawyers allows you the time you need to heal. While you visit the doctor and recuperate, we’ll navigate the legal process for you. Reach out to us online or call us today to learn more about how we can help you.
Get Compensation in a Suffolk County Construction Accident Claim
Construction accidents can create serious long-term issues that affect you and your family for years to come. Catastrophic construction injuries include:
- Head injury and traumatic brain injury
- Back, neck, and spinal cord damage
- Crushing injuries and internal organ damage
- Broken bones
- Loss of limb or amputation
- Loss of an eye
- Burns, scarring, and disfigurement
Depending on the severity of your injuries, you may require surgery, hospitalization, and critical care. Rehabilitation and physical therapy could take months to return you to your previous state of health. If your injury resulted in permanent disability, you may not be able to return to your previous job.
If your injuries occurred on a construction site, you could recover compensation for these losses. Trantolo & Trantolo, LLC’s dedicated Suffolk County construction accident lawyers can review your case and help you decide on your next steps.
How Fault Is Determined In A Construction Accident Claim In Suffolk County
Typically, if you are a construction worker injured on the job, you can seek workers’ compensation benefits regardless of who was at fault. New York law requires most employers to carry workers’ compensation insurance for these types of situations.
There are some exceptions to this rule, however. Third-party contractors, independent contractors, visitors, inspectors, and bystanders are not covered by a workers’ comp policy. If you have suffered injuries on a construction site but are not an employee, you could have grounds to pursue a personal injury claim against the at-fault party or their liability insurance carrier. Trantolo & Trantolo, LLC can help you understand your legal rights and options.
Filing a Workers’ Compensation Claim Following a Suffolk County Construction Accident
Workers’ compensation claims in New York can be complicated, so it is beneficial to speak with a construction accident lawyer in Suffolk County. Most workers’ comp claims follow these steps:
- Notify your employer within 30 days of the injury or illness using an Employee Claim Form C-3
- Your employer notifies the workers’ comp insurance carrier within 10 days of your notification of injury or illness if your injury requires more than first-aid treatment
- The insurance carrier provides a copy of your Statement of Rights within 14 days of notification
- The workers’ comp insurance provider approves or denies your claim within 18 days from the start of your disability or 10 days of learning of your injury
If the workers’ compensation insurance provider denies your claim, they must provide a reason. You can request a review by the Workers’ Compensation Board within 30 days of your denial. If their medical examiners cannot resolve the issue, they may schedule a hearing before a workers’ compensation judge. Should the judge fail to rule in your favor, you still have the option to appeal the decision within 30 days.
As soon as you receive a claim decision you do not agree with, you may benefit from speaking with a construction accident attorney in Suffolk County right away. Trantolo & Trantolo, LLC’s workers’ comp attorneys can explain the process and guide you through the hearing and appeal. Contact us online or call us 24/7 to learn more about how we can help you.
Who May Be Liable in a Suffolk County Construction Accident Claim?
In a Suffolk County construction accident claim, various parties may be held liable for your injuries, depending on the specific circumstances of your case. Some of the potentially liable parties include:
- Employers: If your employer failed to provide a safe working environment, adequate safety equipment, or proper training, they may be held liable for your injuries.
- Property owners: If a property owner fails to address known hazards or fails to warn workers of potential dangers, they may be held liable for any resulting accidents and injuries.
- General contractors and subcontractors: If a contractor fails to properly supervise the work site, enforce safety protocols, or coordinate the activities of different trades, they may be held liable for accidents that occur as a result of their negligence.
- Engineers and architects: If an accident occurs due to a design defect or a failure to identify potential safety hazards, these professionals may be held liable.
- Equipment manufacturers: If an accident occurs due to a defect in a piece of equipment, the manufacturer may be held liable under a product liability theory. This may include situations involving defective power tools, scaffolding, ladders, or other construction equipment.
- Material suppliers: If an accident is caused by defective or dangerous construction materials, such as faulty lumber or improperly mixed concrete, the suppliers of those materials may be held liable for any resulting injuries.
- Other third parties: Depending on the nature of the construction project, other third parties may also share liability for an accident. For example, if a construction site is adjacent to a busy road and inadequate traffic control measures led to an accident, the government agency responsible for maintaining the road may be held liable.
To determine which parties may be liable in your specific construction accident claim, it’s essential to work with an experienced Suffolk County construction accident attorney. Your attorney can thoroughly investigate the circumstances of your accident, identify all potentially liable parties, and build a strong case to hold them accountable for your injuries and losses.
Benefits You Could Receive for a Workers’ Comp Construction Accident Claim in Suffolk County
Following a construction accident, you may incur medical expenses and lost wages at work. Workers’ compensation insurance is designed to provide financial support for these losses while you recover. The goal is to ensure your economic stability until you return to your previous state of health. If your injuries cause temporary or permanent impairment, you could pursue disability benefits as well.
Medical Expenses
Medical treatment after a construction accident can be expensive and time-consuming. Medical costs a workers’ comp claim may cover include:
- Intensive care and emergency room treatment
- Surgery, inpatient stays, and follow-up doctor’s appointments
- Rehabilitation and physical therapy
- Transportation to and from appointments
- Medication and medical equipment for your construction injury
After you receive emergency medical treatment, you should switch to a medical care provider approved by the Workers’ Compensation Board. If you use a non-approved provider, you could lose benefits. Trantolo & Trantolo, LLC can help you understand your options.
Income Loss
Construction accident injuries can prevent you from returning to work. Workers’ compensation reimburses a portion of your lost income for any time you missed after the first seven days. Typically, you can receive two-thirds of your average weekly pay while you recover.
If your injuries prevent you from returning to work for more than 14 days, you can seek compensation for lost income from the first day you missed work due to your injury.
Disability
Sometimes, construction accident injuries result in temporary or permanent impairment. If your injuries prevent you from returning to work, you may be eligible for disability. New York recognizes four classes of disability for workers’ comp claims:
- Temporary total disability
- Temporary partial disability
- Permanent total disability
- Permanent partial disability
Your treating physician must report your level of disability to the workers’ compensation provider for you to receive these benefits. If you do not receive disability benefits to which you are entitled, Trantolo & Trantolo, LLC’s construction accident lawyers in Suffolk County can help you appeal the decision and pursue the benefits you deserve.
Death Benefits
If you lost a loved one to a construction accident, you could seek death benefits through workers’ compensation. Death benefits provide wage benefits for certain immediate family members. Benefits may be paid out on a weekly schedule or a lump sum, depending on your relation to the deceased person. Survivor benefits also cover funeral and memorial expenses for the decedent.
Pursuing a Third-Party Personal Injury Claim For a Construction Accident in Suffolk County
For non-employees injured on a construction site, the legal process is very different. Only employees are eligible for workers’ compensation insurance. That means a bystander, visitor, or contractor on the site must pursue compensation through a personal injury lawsuit.
Personal injury claims rely on proving negligence, unlike workers’ comp claims. This means you must be able to show that:
- The responsible party had a duty to maintain a safe construction site.
- They violated that duty by creating a dangerous condition or allowing a hazardous condition to exist.
- You were injured in a construction accident because of their violation of their duty of care.
- You suffered actual losses from that construction injury.
Say a third-party inspector sustained injuries in a fall while conducting a structural inspection on site. If their fall occurred because of the construction company’s negligence, perhaps due to loose scaffolding, the inspector could sue for damages.
If you are a construction worker injured by a third party on a construction project, you could have grounds to pursue damages against that party. However, laws concerning such claims can be complicated. Let a Suffolk County construction site accident attorney with Trantolo & Trantolo, LLC provide the support and advice you need during this difficult time.
Statute Of Limitations For A Construction Accident Lawsuit In Suffolk County
New York’s statute of limitations for filing a construction injury claim is typically three years, per CVP § 214. This deadline may differ depending on your case details. Therefore, you will benefit from reaching out to a construction accident lawyer in Suffolk County as soon as possible after your accident.
Trantolo & Trantolo, LLC’s legal team can review your case and help you determine whether you should pursue a workers’ compensation claim or a third-party personal injury lawsuit.
Evidence Your Suffolk County Construction Accident Lawyer Can Use To Prove Your Claim
To build a strong construction accident claim, you’ll need to gather various types of evidence to prove negligence, liability, and the extent of your damages. Some important pieces of evidence that can support your claim include:
- Accident report: If your accident was reported to your employer or the construction site manager, obtain a copy of the accident report. This report should include details about the date, time, location, and circumstances of the accident, as well as any witnesses or parties involved.
- Medical records: Seek medical attention immediately after the accident and keep detailed records of your injuries, treatment, and recovery process. This includes doctor’s notes, hospital bills, medication prescriptions, and any other documentation related to your medical care.
- Witness statements: If there were any witnesses to your accident, get their names and contact information. Their testimony can help verify your account of the incident and provide valuable insight into the factors that led to your injuries.
- Photographs and videos: If possible, take photos or videos of the accident scene, your injuries, and any equipment or hazards involved in the incident. Visual evidence can be compelling in demonstrating the severity of your injuries and the dangerous conditions that contributed to the accident.
- Safety records and inspection reports: Investigate whether there were any safety violations or negligent practices at the construction site that may have contributed to your accident. This may include failing to provide proper safety equipment, inadequate training, or ignoring safety regulations. Request copies of safety inspection reports, OSHA citations, and other relevant documentation.
- Employment records: Gather evidence of your employment status, wages, and any time missed from work due to your injuries. This information will be crucial in calculating your lost wages and other economic damages related to the accident.
- Expert testimony: Depending on the complexity of your case, you may need to consult with experts such as medical professionals, occupational safety specialists, or accident reconstruction experts. Their testimony can help establish the extent of your injuries, the cause of the accident, and the long-term impact on your health and earning capacity.
- Insurance policies and contracts: Review any insurance policies or contracts related to the construction project, including workers’ compensation policies, liability insurance, and indemnification agreements. These documents can help identify potential sources of compensation and the parties that may be liable for your injuries.
- Expense records: Keep track of all expenses related to your accident, including medical bills, transportation costs, and any other out-of-pocket expenses you incur as a result of your injuries. These records will be essential in documenting your damages and seeking full compensation.
A Suffolk County construction accident attorney can help you gather and preserve these pieces of evidence, as well as identify any additional documentation that may be relevant to your specific case. By building a strong evidentiary foundation, you can increase your chances of securing the full and fair compensation you deserve for your injuries and losses.
Our Suffolk County Construction Accident Lawyers Can Assist With Your Claim
Whether you are a construction worker seeking workers’ comp benefits or a third-party contractor pursuing a personal injury case, our team is here to guide you. Trantolo & Trantolo, LLC has dedicated themselves to assisting personal injury victims for the last 85 years. During that time, we have established a reputation for excellence through highly personalized representation and tireless legal advocacy.
We can help injured workers gather evidence, conduct negotiations, and file legal paperwork. We’ll also represent you in hearings and other proceedings related to your construction injuries.
You Are Part of the Family
When you work with Trantolo & Trantolo, LLC, you become part of our family. We treat your case like we would treat our own relatives’ claims. You can depend on our legal team to provide regular updates, constant communication, and attentive representation throughout your case.
We Do Not Settle For Less
Trantolo & Trantolo, LLC pursues fair compensation for every injured client. We understand the long-term effects of a catastrophic construction accident, and we want to help you secure the financial recovery you deserve.
If we take your case, we will not settle for less than you deserve for your construction accident injuries. In fact, we have recovered millions of dollars in settlements and verdicts for our personal injury clients.
You Pay Nothing Upfront
When you become a client of Trantolo & Trantolo, LLC, you pay nothing for our legal representation until we achieve a settlement or verdict in your favor. If we don’t win, you don’t pay.
Contact us Today for a Free Case Consultation
A construction accident can cause lifelong harm to your physical, mental, and financial health. You do not have to face these challenges on your own. Trantolo & Trantolo, LLC’s compassionate Suffolk County construction accident lawyers can help you understand how to appeal a workers’ compensation claim or file a personal injury lawsuit.
If you’ve been injured in a Construction accident, contact our office today for a free initial consultation and learn how we can assist with your claim.