The construction industry is one of the most hazardous sectors in the United States, accounting for over 1,000 fatal injuries and 74,520 nonfatal injuries among private construction workers in 2020 alone.
If you’ve suffered a construction accident, you can claim medical damages through workers' compensation or personal injury claim, depending on the circumstances of your accident.
Injured on a Construction Site?
Our experienced attorneys can help you fight for the compensation you deserve.
Most construction workers are covered under workers' compensation, which provides medical benefits and wage replacement for job-related injuries, regardless of who is at fault. To start a claim, you need to do the following:
On the other hand, if a third party—such as a subcontractor or equipment manufacturer—is at fault, you may be able to pursue a third party claim. It does however, require proving that another party's negligence caused your injuries.
Key Differences
Aspect | Workers' Compensation | Third-Party Claims |
Fault Requirement | No-fault system | Must prove negligence of a third party |
Compensation Scope | Limited to specific benefits | Potential for broader compensation |
Right to Sue | Generally cannot sue the employer directly | Can sue third parties responsible |
Timeline | Often quicker resolution | May take longer to resolve |
In some situations, you can receive workers' comp and still file a third-party lawsuit if someone other than your employer contributed to the accident.
For example, if faulty equipment caused your injury, you could sue the manufacturer. In such cases, you can maximize your compensation since workers' compensation alone may not be enough to cover all your damages, especially those related to pain and suffering.
Workers' compensation is generally easier to obtain but provides less comprehensive compensation. Third-party claims are potentially more lucrative but can be more challenging to win. An skilled personal injury attorney can help determine which route is most beneficial for your case and guide you through the decision-making process.
Timeliness is paramount. Workers' compensation claims usually needs to be reported immediately, and the deadline for personal injury claims in New York has a 3-year window starting from the date of the accident. Missing these deadlines can bar you from receiving any compensation.
Strong, comprehensive evidence is the foundation of a successful medical damage claim. Gather:
Evidence | Description |
Medical Records | Emergency room reports, hospital records, physician notes, test results, prescription records |
Accident Reports | Official incident reports, OSHA investigation reports, police reports, if law enforcement was involved |
Witness Statements | Written or recorded accounts from coworkers |
Photographic and Video Evidence | Images of the accident scene and injuries, any available surveillance or security camera footage |
Employment and Wage Information | Pay stubs or W-2 forms, employment records |
Expert Testimony | Medical experts, occupational experts, safety experts |
Personal Documentation | Pain and recovery journal, accident-related expense records |
Communication Records | Emails, letters, or other correspondence with your employer about the accident |
Challenges may arise, such as insurers questioning the severity of your injuries. An experienced construction accident attorney can help counter these tactics and ensure you receive what you're owed. They can help you strengthen your claim and rebut insurance company arguments.
Facing a denied workers' compensation claim or a rejected personal injury settlement offer can be disheartening, but it's not the end of the road. Here's what you should do:
Understand the Reason for Denial
Carefully review the denial letter or settlement rejection. Common reasons for denial include:
Gather Additional Evidence
If your claim was denied due to lack of evidence, work on obtaining:
File an Appeal
Attend the Hearing
If your workers' compensation appeal goes to a hearing:
Explore All Options
If your workers' compensation claim is ultimately denied, you may still have other options, such as:
Seek Legal Representation
If you haven't already, this is the time to consult with an experienced attorney. They can review your case, advise you on the best course of action, and represent you through the appeals process.
Remember: a denial is not necessarily final. Many claims are initially denied but later approved on appeal. The key is to act quickly, gather strong evidence, and present a compelling case for why you deserve compensation.
Need Expert Legal Guidance for Your Construction Injury Claim?
Our seasoned attorneys will help you pursue the medical damages you deserve.
Construction accidents can lead to various medical expenses, all of which may be compensable. Here are the categories of medical damages you may be entitled to claim:
Immediate Medical Care | These include emergency room visits, hospitalization, surgeries, follow-up visits, prescription medications, and physical therapy. Any costs directly related to treating your injury should be documented and submitted as part of your claim. |
Long-Term Medical Care and Rehabilitation Costs | Depending on the severity of your injury, you may need ongoing care, such as rehabilitation services, assistive devices, or in-home care. These expenses are also compensable and should be accounted for when filing your claim. |
Mental Health Treatment | If the accident has led to anxiety, depression, or PTSD, mental health treatment costs may also be included in your medical damages claim. Psychological injuries are common after serious accidents, and compensation should reflect the full scope of harm caused. |
Future Medical Needs | Injuries often require future medical treatment, including additional surgeries or long-term physical therapy. Your claim should account for these expected costs, and having a medical expert estimate future expenses can support this aspect of your claim. |
It's important to note that long-term or permanent injuries may require ongoing care, and these future medical needs must be carefully considered when claiming damages. An experienced personal injury attorney can help you accurately calculate and claim these future expenses.
If you feel overwhelmed or unsure about your next steps, we at the Porter Law Group are here to help. The extensive experience of our attorneys in construction accident cases can guide you through the claims process and ensure that you receive the compensation you deserve.
Reach out to us today for a free case evaluation by calling 833-PORTER9 (toll-free) or emailing info@porterlawteam.com.
Whether you are dealing with workers' compensation, a personal injury lawsuit, or an appeal, we have the expertise to represent your best interests. You don't pay anything unless we win your case.
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