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.
When you bring your case to our Suffolk County personal injury lawyers, you give yourself all the time you need to heal. While you visit the doctor and recuperate, we’ll navigate the legal process for you.
You Can Seek Compensation After Suffering Life-Altering Injuries in a Suffolk County Construction Accident
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 personal injury lawyer can review your case and help you decide on your next steps.
Fault Determination for a Construction Accident 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.
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 Filing a Personal Injury 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.
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.
Partner With Our Construction Accident Law Firm in Suffolk County Today
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.