When Should I Get a Construction Accident Lawyer?

When Should I Get a Construction Accident Lawyer?

Steven Schwartzapfel -Founding Partner Nov 29, 2022

For more than 35 years, Steven Schwartzapfel, the founding member of Schwartzapfel Lawyers P.C., has been one of New York’s most prominent personal injury attorneys. Steve represents clients in all types of personal injury cases. His experience, skill, and dedication have enabled Schwartzapfel Lawyers P.C. to recover hundreds of millions of dollars for their clients.

Being injured in a worksite accident can be devastating both physically and financially, and it might even be cause for a personal injury lawsuit.

If you’re injured on the job, you might be entitled to workers’ compensation coverage for your medical bills and other damages. But unfortunately, many employers or insurance companies attempt to resist workers’ comp payouts, even when they are entitled to you. In other cases, you might wish to sue the at-fault party directly.

Still, it can be tough to know when you need a construction accident lawyer on your side. In truth, it’s always a good idea to hire knowledgeable construction accident attorneys as soon as you’re able. For more information and a free consultation, contact Schwartzapfel Lawyers at 1-516-342-2200 today.

What Should I Do After a Construction Accident?

In the immediate aftermath of any construction site accident, you should:

  • Get yourself and anyone else involved to safety. Don’t worry about filing a lawsuit or who is to blame just yet. Focus on keeping yourself safe. The longer you expose yourself to danger, the worse your injuries can become.
  • Make sure that your employer or the construction site manager knows what happened.
  • Call emergency services and give your statement. When giving your statement, avoid mentioning anything about potential fault on your part, even if you believe you are partly at fault for the incident. Mentioning fault can make your workers’ compensation benefits or wrongful death claim fail or influence an upcoming legal action.

If you or a loved one are seriously injured from a construction accident, be sure to get medical attention. Common types of construction accident injuries that are cause for filing an accident claim include but are not limited to:

  • Traumatic brain injuries (TBIs) like concussions
  • Broken bones
  • Severe cuts (i.e., lacerations)
  • Burns that can range from mild to severe
  • Loss of vision or total blindness
  • Electrocution-related injuries
  • Hearing damage
  • Spinal cord injuries

Getting medical attention is more important than worrying about a lawsuit or financial compensation. Once you are medically stabilized and after you know exactly what happened, you may wish to pursue legal action against your employer or some other at-fault party.

Can You Sue an At-Fault Party for a Construction Accident?

You can sue, provided that another party was directly responsible for your construction accident injuries. Responsibility in these cases is determined by proving or disproving negligence.

Negligence in a legal context means that a party:

  • Had a stated or implied duty toward your safety. For example, construction site managers or supervisors have a stated duty to provide their workers with appropriate equipment and safety procedures and to avoid exposing them to unnecessary hazards.
  • Deliberately or ignorantly breached that duty. For instance, if a construction site manager did not provide you with appropriate safety gear yet still required you to do something hazardous, they may be liable for damages if you are injured as a result.

Employers, fellow construction workers, pedestrians, and other third parties may be at fault for construction accident injuries depending on the circumstances. In such cases, you may be able to sue them for compensation or use their negligence as evidence that you’re in need of workers’ compensation coverage.

Falling objects, job site hazards, OSHA violations, and other issues can lead to serious injuries and severe medical expenses for subcontractors and long-time employees alike. But you should know that accident victims aren’t at the mercy of construction companies, as injured construction workers can get the help they need with Schwartzapfel Lawyers today.

Simply dial 1-516-342-2200 or visit our website and allow us the honor and privilege of assisting you with your claim, no matter your situation.

When To Hire a Construction Accident Lawyer

No matter the severity or type of injuries you sustained, you should hire aconstruction accident lawyer right away. The earlier you hire a construction accident attorney, the better it will be for your case, whether that’s a workers’ compensation filing or a lawsuit against an at-fault party.

Hiring a construction accident or personal injury lawyer quickly provides benefits such as:

  • Allowing your lawyer to negotiate on your behalf with other important parties in the construction industry, preventing you from inadvertently damaging your chances of a payout.
  • Helping you understand the legal process and file the right paperwork from start to finish.

More importantly, hiring a construction accident lawyer soon after your injuries enables you to rest and recover without having to worry about legal matters. Your law firm can take charge on your behalf and allow you to spend your time with your family and/or healing from your injuries.

Why Should You Hire a Lawyer Immediately After an Accident?

It’s generally wise to hire a construction accident lawyer right after you’re medically stabilized. This holds true for a number of reasons, some of which are highlighted below.

Evidence Collection

For starters, the right personal injury attorney can immediately begin evidence collection related to your work-related injury that can support your personal injury case. Depending on what your case calls for, your lawyer may collect evidence such as:

  • Eyewitness reports of your construction site injury
  • Security camera footage from property owners near the scene of the accident
  • Medical documentation, like notes from your doctor or nurses proving the nature of the severe injuries you sustained while doing construction work
  • Notes from your workplace, like orders from a supervisor that require you to undertake a dangerous task without appropriate safety gear
  • And more!

Gathering the right evidence is crucial not just for filing a successful workers’ compensation claim but also for winning any future lawsuit related to your personal injury claim. Hire the right lawyers, and you’ll have enough time to heal from your injuries while your experienced attorneys gather the necessary evidence for you.

Insurance Negotiation

Some workers’ compensation insurance companies play hardball when it comes to paying injured workers what they are entitled to. It can be difficult and stressful to negotiate with those companies or prove that you are entitled to a compensation payout.

Construction accident attorneys can perform the negotiations for you. In many cases, simply having attorneys working for you is enough to convince an insurance company to back down or put up less of a fight than they might otherwise.

Workers’ Comp Filing Assistance

If you or a loved one is injured in a construction accident, workers’ compensation may be available to cover medical expenses and other accident-related costs. Most companies in New York are legally required to carry workers’ compensation insurance to cover injuries and damages sustained by their employees over the course of regular duties.

For instance, if you are injured on a construction site while following the rules and doing your job as directed, your injuries should theoretically be covered by this insurance. However, some insurance companies will do everything in their power to avoid making payments to injured workers. In other cases, your employer or supervisor may even sabotage your efforts at making a good-faith recovery.

Construction accident attorneys can help you file a successful workers’ compensation claim and get the coverage you need to pay for your medical bills, time away from work, and much more. For a free case evaluation or general consultation, please call Schwartzapfel Lawyers now at 1-516-342-2200. In one call, you may save yourself and your loved ones miles of headache, heartache, and financial strain down the road.

Do You Always Get Workers’ Comp?

You won’t always get workers’ comp. You get workers’ compensation if you were injured on the job or in the course of your regular work duties. For example, if you are a general contractor and got in a car accident before clocking into work, those injuries won’t be covered by workers’ comp.

Hiring a construction accident lawyer can clear up these edge cases and help you understand what your options are. But you shouldn’t wait, as your window to file a claim may soon close forever. Instead, act now and secure your financial future by speaking with a Schwartzapfel Lawyers construction accident attorney today.

File a Lawsuit Before the Statute of Limitations Expires

Should you need to file a lawsuit against an at-fault party, you’ll need to do so before the statute of limitations expires. In New York, that’s three (3) years for construction accidents and similar cases. Therefore, you only have three (3) years to file your lawsuit paperwork from the date of your accident. Construction accident attorneys can make sure you file your paperwork on time and properly to minimize delays.

Fight for You in Court

Perhaps most importantly, construction accident lawyers can fight for you in court if things progress that far. Most lawsuits against the negligent parties settle out of court, which means you’ll get a settlement to cover your medical bills and other damages more quickly.

If the at-fault party decides to take things to court, your construction accident attorney can speak persuasively on your behalf, coach you on what to say during testimony, and much more.

How To Choose the Right Construction Accident Attorney

Given the importance of hiring a construction accident lawyer quickly, you might be tempted to find the first lawyers near you and hire them — but that’s a bad idea more often than not. The wrong lawyer can lead to an inopportune case outcome, whereas the best construction accident attorney can maximize your case’s chances of success.

It’s a good idea to ask any potential lawyer some key questions before hiring them, such as:

  • How long the law firm or lawyer has been practicing law.
  • Whether the lawyer in question has experience handling construction accident and/or workers’ compensation cases.
  • What the typical settlement range is for construction accident cases. If a lawyer promises or guarantees a certain settlement amount, do not hire them. This is because it is virtually impossible for even the most skilled of lawyers to exactly predict the outcome of any case, no matter how open-and-shut they may appear.

Thus, you should look for three (3) important factors in any worthwhile construction accident attorney.

Past Experience

First, you’ll want attorneys with plenty of past experience in construction accident cases. Don’t hire unskilled or new attorneys for something so important. Schwartzapfel Lawyers has many years of experience helping New Yorkers just like you recover damages from workplace supervisors or irresponsible workers’ compensation insurance companies, so contact us today at 1-516-342-2200.

Contingency Fee Policy

Next, look for a construction accident attorney that operates on a contingency fee basis. A contingency fee means that the law firm won’t charge you any money unless they recover damages for you via a settlement or a successful court case.

Schwartzapfel Lawyers operates on a contingency fee basis. This ensures that our clients won’t have to take on any additional financial burdens to get the legal representation they need to recover the money they are entitled to.

Good Reviews or Recommendations

Lastly, you should be sure to hire an attorney with stellar reviews and/or recommendations from people you trust (e.g., friends, coworkers, etc.). In the case of Schwartzapfel Lawyers, our ”Verdicts & Settlements” page shows just how happy our previous clients have been with our work – and the potential settlements you may see from a successful construction accident case with our law firm on your side.

Contact Schwartzapfel Lawyers Today

You shouldn’t have to go through the stress of a lawsuit or filing a workers’ comp claim alone. Instead, you should rely on knowledgeable construction accident lawyers who can ensure that the right paperwork is filed properly and on time, and who will fight to get you the compensation you are entitled to so that you can focus on what’s most important: getting better.

That’s where Schwartzapfel Lawyers comes in. Our extensive experience in construction accident and personal injury law makes us the ideal choice for your upcoming construction accident or workers’ compensation case. With our help and legal advice, you’ll be able to maximize any potential payout and reduce the financial stress on yourself and your family.

For a free case evaluation and so much more, contact us online or at 1-516-342-2200. And please know that no matter your situation, we will fight for you day and night, rain or shine. Because at Schwartzapfel Lawyers, we treat our clients like family – because they’re just that; and family is worth fighting for.

Sources:

Schwartzapfel Lawyers, P.C. | Fighting For You

Negligence | Wex | US Law | LII / Legal Information Institute

Workers’ Compensation Insurance | NYC Business

Five Ways to Keep Disputes Out of Court | Harvard Business Review

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