Construction work is one of the most dangerous professions, with workers often exposed to hazardous conditions, heavy machinery, and unsafe environments.
When accidents happen, injured workers rely on insurance claims to cover medical bills, lost wages, and other damages.
However, navigating the complexities of construction accident insurance claims can be overwhelming.
This is where experienced construction accident lawyers, such as those at Leav & Steinberg LLP, play a crucial role in helping injured workers secure the compensation they deserve.
Follow along as we explain how to approach insurance claims so you can get the compensation you deserve.
Common Challenges in Construction Accident Insurance Claims
Multiple liable parties
Construction accidents often involve various parties, including employers, contractors, subcontractors, and equipment manufacturers. Determining liability can be complex, particularly when multiple entities share responsibility for creating a safe work environment.
Insurance company tactics
Insurance companies frequently attempt to minimize payouts. They might delay processing claims, undervalue injuries, or even deny liability altogether, leaving injured workers without the support they need to recover fully.
Extensive documentation requirements
Filing a claim involves gathering and presenting substantial evidence, such as medical records, incident reports, witness statements, and photos of the accident scene. For workers dealing with injuries, this process can be both physically and emotionally taxing.
How Construction Accident Lawyers Assist with Insurance Claims
Expertise in construction laws
Construction accident lawyers are well-versed in labor laws, such as New York Labor Laws 200, 240, and 241. These laws protect workers by requiring employers and contractors to provide safe working conditions and appropriate safety equipment. NYC construction accident lawyers leverage their legal expertise to hold negligent parties accountable.
Comprehensive evidence gathering
Lawyers conduct thorough investigations, collecting crucial evidence like medical evaluations, site photos, and witness testimonies. This meticulous approach strengthens claims and ensures all damages are accounted for.
Negotiating with insurance companies
Insurance companies often prioritize their bottom line over an injured worker’s needs. Construction accident lawyers advocate for their clients, negotiating with insurers to secure fair compensation that reflects the full extent of the injuries and damages.
Key Benefits of Hiring a Construction Accident Lawyer
Maximizing compensation
Experienced New York City lawyers assess all potential damages, including medical expenses, lost wages, pain and suffering, and future rehabilitation needs. They can also identify opportunities to pursue third-party claims against equipment manufacturers or negligent subcontractors. Leav & Steinberg LLP has years of experience helping workers get their settlements.
Reducing stress
Navigating legal processes while recovering from an injury is daunting. By handling all communications and paperwork, lawyers allow workers to focus on their recovery.
Ensuring compliance with deadlines
Construction accident cases are subject to strict timelines. Missing a filing deadline can result in a barred claim. Lawyers ensure that all legal requirements are met on time, protecting their clients’ rights.
Steps to Take After a Construction Accident
Report the accident
Notify your employer immediately and document the incident thoroughly. This step is critical for both workers’ compensation claims and potential personal injury lawsuits.
Seek medical attention
Prioritize your health by seeing a doctor promptly. Detailed medical records serve as vital evidence in your claim.
Preserve evidence
Take photos of the accident scene, your injuries, and any hazardous conditions. Collect contact information from witnesses who can corroborate your account.
Consult a construction accident lawyer
Hire a construction accident lawyer in NYC as soon as possible. Early legal involvement ensures your rights are protected from the start.
Choosing the Right Construction Accident Lawyer
Experience and expertise
Look for a lawyer with a proven track record in handling construction accident claims. Familiarity with state laws, like New York labor laws, is essential for navigating complex cases.
Client-centric approach
Effective lawyers prioritize clear communication, transparency, and accessibility. They should be upfront about fees and dedicated to achieving the best possible outcome for their clients.
Success stories
A lawyer’s history of successful cases provides insight into their ability to secure favorable outcomes for clients. Testimonials and case studies can help you make an informed decision.
NYC Construction Accident Attorney FAQ
Can I file a lawsuit if I’m already receiving workers’ compensation?
Yes, you may be able to file a third-party lawsuit even if you’re receiving workers’ compensation. For example, if faulty equipment or a subcontractor’s negligence caused your injury, you can pursue additional claims against those parties.
What should I bring to my first consultation with a construction accident lawyer?
To make the most of your consultation, bring any documentation related to your accident. This may include:
- Medical records and bills
- Accident reports or OSHA citations
- Photos of the construction site and your injuries
- Contact information for witnesses
- Any communication with your employer or insurance company
Do I still have a case if I was partially at fault for the accident?
Yes, you may still have a case even if you were partially at fault. New York follows a “comparative negligence” rule, which allows you to recover compensation reduced by your percentage of fault. A lawyer can help determine how this applies to your specific case.
How can a lawyer help with denied insurance claims?
If your insurance claim is denied, a construction accident lawyer can review your case to identify reasons for the denial and gather additional evidence to strengthen your claim. They will also handle appeals and, if necessary, take your case to court to fight for the compensation you deserve.
How long do I have to file a construction accident claim in New York?
In New York, the statute of limitations for personal injury claims is three years from the date of the accident. However, if you’re pursuing a workers’ compensation claim or a lawsuit against a municipality, the deadlines may vary. It’s crucial to consult a lawyer quickly to ensure your case is filed on time.
Contact the NYC Construction Lawyers at Leav & Steinberg LLP
Construction accidents can have life-altering consequences for workers and their families.
From addressing complex liability issues to countering insurance company tactics, construction accident lawyers are pivotal in helping injured workers navigate insurance claims.
If you’ve been involved in a construction accident, don’t wait to seek legal advice.
Contact Leav & Steinberg LLP today for a consultation.
