Did you or a loved one get hurt on the job and need legal help? Check out these 3 construction accident facts, then call our Hamburg lawyers.
1. Claims Where They Blame You for Your Injury
You are always eligible to file a workers’ compensation claim, whether you were responsible for your accident or not. Even if, for example, you fall off a ladder, there are certain provisions within the construction codes in New York State that you may use in your defense. When using a ladder, employers have to make sure that there are certain safeguards in place. If someone is on a ladder, the worker is required to use tie-offs, have someone else holding the ladder, make sure that the ladder is positioned properly, and ensure that the ladder is in working condition. Do not automatically assume that you do not have a claim because you think you may have done something wrong. Many times, there are certain safety standards that the employer, the general contractor, or the owner of the construction site was not following, and this lack of compliance with regulations could lead to a third-party claim, granting you compensation for your injuries in addition to workers’ compensation.
2. Rights if Working as a Subcontractor
Some of our clients who were either subcontractors themselves or working for subcontractors have worried that they did not have valid claims. This is not true; it does not matter if an individual is a subcontractor to a general contractor or to an owner of property. If you are injured because of the negligence of somebody else on that job site, even the general contractor, you could have a claim. Because this situation may appear unclear, it is important to seek lawyers’ guidance right away.
Our office hires investigators, does its due diligence, determines which witnesses are available, and finds out which contractors could be responsible for certain employees and activities on the job site. Immediate attorney involvement is necessary, as the construction site may not remain the way it was at the time that your accident occurred. When you are a subcontractor, prompt action is even more important because you want to make sure that your case is filed against the responsible parties.
3. Worker’s Comp & Third Party Claims
Employees can file workers’ compensation claims and still preserve their right to sue other parties for their injuries. You cannot receive medical coverage without filing a workers’ compensation claim, but if you do have a third-party claim, the workers’ compensation carrier will assert that it has a lien, and there are certain provisions in the workers’ compensation law that give the carrier that right. You may have to pay some money back to the workers’ compensation carrier once a case is settled.
Were you injured on the job and have questions about our 3 construction accident facts? Contact the experienced Hamburg Construction Accident Lawyers at Chiacchia & Fleming, LLP for a free consultation. We know how the insurance companies operate and treat your case and your injuries seriously. Our attorneys will do everything in our power to bring you relief and compensation for your injuries. Contact us today and let our experience work for you.
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