LONG ISLAND CONSTRUCTION ACCIDENT LAWYER

How Oresky & Associates, PLLC, Can Help You After a Construction Accident in Long Island

After a construction accident in Long Island, your best option may be to file either a workers’ compensation claim or a lawsuit. Oresky & Associates, PLLC, can help throughout the entire process.

Our personal injury law firm has been recognized by Super Lawyers, as members of the Million Dollar Advocates Forum, and are included in New York Magazine’s “New York’s Leading Personal Injury Lawyers.”

When you hire us to handle your construction accident case in Long Island, New York, we will:

• Explain your legal rights and options
• File a workers’ comp insurance claim and negotiate on your behalf
• Calculate your damages
• Collect evidence to support your claim
• File a personal injury lawsuit, when appropriate

Call our office to get started on your case today. Our Long Island personal injury lawyers work on a contingency fee basis, which means we only get paid if we obtain compensation for you.

What Causes Most Construction Accidents In Long Island, NY?

Construction accidents in Long Island, NY, are common. The causes range from the predictable to the unexpected. If you aren’t sure what caused the construction accident, our team will investigate the cause on your behalf. This investigation will provide us with the information we need to represent you.

In general, there are two types of construction accidents: those that hurt a construction worker, and those that hurt a bystander. The latter is usually someone who is not affiliated with the construction site, like a pedestrian.

The most common causes of construction accidents harming a worker include:

• Falling from heights
• Lack of proper safety equipment
• Lack of proper training
• Lack of employee oversight
• Crushes and building collapse
• Exposure to toxic chemicals
• Electrocution

The most common causes of construction accidents injuring a bystander include:

• Falling debris
• Lack of proper signage
• Obstructions in the roadway
• Car and truck accidents
• Tripping hazards

Whether you got hurt while working on the construction site or were hurt just passing by, we can help. Call our office to learn more about our services.

What Is the Value of My Long Island Construction Accident Case?

The value of your construction accident case depends on the facts and circumstances. In general, people who have extensive medical bills will have a higher case value. This often includes people who are permanently or severely injured.

For example, someone who is crushed in a building collapse might undergo multiple expensive surgeries over many years. They may never fully recover. This is different from someone who breaks an arm but heals a month or two later.

Another reason that cases with catastrophic and severe injuries tend to have a higher case value is that these injuries often keep someone from working. If you are unable to work or miss a lot of work for doctor’s appointments, you are entitled to reimbursement to accommodate that loss. The amount that you get will depend on how you pursue the case.

Many other factors can influence how much your claim is worth. For more personalized insight, reach out today to set up your free case review.

We Can Help With Any Type of Construction Accident Case in Long Island

There are different types of construction accident cases, depending on your relationship with the construction site and how the accident happened. A lawyer can help you understand the best choice for you.

Workers’ Compensation Claim

A workers’ compensation claim is an insurance-based claim for someone who is hurt while at work. This includes construction workers.

In a workers’ compensation claim, the employer agrees that the worker was injured as a result of their job. Their insurance company provides benefits to cover expenses related to the injury.

Workers’ compensation claims can be fast compared to a lawsuit. This is partially because they are not fault-based.

In general, it doesn’t matter if you are responsible for causing your injury at work. If you were hurt because you were careless, you can still receive benefits. That is, as long as you were not under the influence of drugs or alcohol and weren’t intentionally trying to hurt yourself or someone else.

The downside of a workers’ compensation claim is that your damages are limited compared to a lawsuit.

Third-Party Claim or Claim Against Your Employer

Some people who are hurt while working on a construction site can file a third-party claim or even a claim against their employer.

For example, if you were hurt at a construction site, you might be allowed to sue the property owner, a machinery manufacturer, or an engineer. You are not employed by these individuals, but their negligence may have contributed to your accident.

New York labor laws, such as Labor Law 241, also allow construction workers to file lawsuits against their employers under certain conditions. This may be true even if your employer carries workers’ compensation insurance.

The benefit of these claims is that they increase the amount of damages that you can receive.

Personal Injury Lawsuit

If you were a pedestrian or innocent bystander hurt by a construction accident, you can file a traditional personal injury lawsuit.

When you file a personal injury lawsuit, you have all potential options for damages available to you. This means you can maximize your recovery. Usually, in these cases, the construction company will still have an insurance policy that will cover your damages. You can use this as a first option and then pursue a personal injury lawsuit if it is denied or the settlement offer is inadequate.

What Damages Can I Recover After a Construction Accident in Long Island, NY?

The damages that you recover after a construction accident depend on the type of case that you file.

Damages In Workers’ Compensation Claims

If you file a workers’ compensation claim, you can expect to recover:

• Costs of necessary medical care
• Disability benefits (either temporary or permanent)
• Death benefits

Your disability benefits will include wage compensation; however, it won’t be for the full amount. You are only entitled to recover ⅔ of your wages before getting hurt up to the maximum weekly allowance.

While you can expect to get these damages fairly quickly and without much of a fight, it won’t be a perfect recovery.

Damages in a Construction Accident Lawsuit

If you file a lawsuit, either through a third-party claim or a personal injury lawsuit, then you have more damages available. You can recover economic damages, non-economic damages, and potentially punitive damages.

Economic damages are financial losses. This will cover:

• Medical bills
• Rehabilitation
• Physical therapy
• Lost wages
• Lost future earning capacity
• Cost of pharmaceuticals and medical devices
• Out-of-pocket expenses

Additionally, you can also recover non-economic damages. These damages cover emotional suffering and harm that is not easily calculated. Examples of non-economic damages include:

• Physical pain and suffering
• Mental and emotional trauma
• Loss of enjoyment of life
• Loss of relationships
• Permanent disfigurement or scarring
• Mental illness (such as PTSD, anxiety, or depression)

This type of damage is highly personal and will depend on how you have been personally affected by the accident or your injuries.

The final category of damages is punitive damages. Punitive damages are more difficult to recover, and not every plaintiff is entitled to them. The purpose of punitive damages is to punish a defendant for acting extremely recklessly or intentionally. You must prove more than mere negligence. In these situations, the defendant had particularly bad behavior.

Get a Free Consultation From a Trusted, Experienced Long Island Construction Accident Lawyer

To learn more about how the team of construction accident attorneys and paralegals at Oresky & Associates can protect your rights and help you obtain the compensation you’re entitled to, call us today to arrange a free case review. Our phones are answered 24/7.

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What Should I Do if I Am Blamed for Contributing to a Construction Accident in Long Island?

If you are filing a workers’ compensation claim, it doesn’t matter if you contributed to causing the construction accident (as long as you weren’t intoxicated and it wasn’t intentional). That means that even if you were negligent at work, you can still get paid.

If you are filing a lawsuit, shared blame could come into play. However, simply because you are getting blamed doesn’t mean that you won’t recover any damages. The best thing to do if you are getting blamed is to talk to a lawyer.

In the case of a personal injury lawsuit, New York applies a pure comparative negligence law. That means that you can still recover proportionate damages, even if you are partially responsible. Specifically, you can recover damages proportionate to the defendant’s percentage of responsibility.

For example, if the defendant is 60% responsible, and you are only 40% responsible, you can recover 60% of your damages. This applies even if you are the majority to blame for causing the accident.

Construction Accidents Can Cause Serious Injuries

Construction is one of the most dangerous industries. Construction accidents can cause serious injuries and even death.

The most common types of injuries are:

• Head injuries
• Traumatic brain injuries
• Spinal cord injuries and paralysis
• Neck and back injuries
• Fractured and broken bones
• Internal organ damage
• Crush injuries
• Severe burns
• Illness from toxic chemicals
• Amputation

Oresky & Associates, PLLC, can help you no matter the type of injury. We will request and review your medical records to make sure that we fully understand the damages you need to become whole again.

What Is the Deadline for Filing a Construction Accident Lawsuit in Long Island, NY?

If you are filing a construction accident lawsuit, the deadline is three years from the date of the accident (or discovering the injury). If you are filing a wrongful death claim on behalf of a loved one, it is two years.

If you are filing a workers’ compensation claim based on the accident, the timeline is different. You must tell your employer about the injury within 30 days. From that point, you have two years to file the actual workers’ compensation claim.

These deadlines are incredibly important. If you miss them, you may lose your legal right to pursue damages. A lawyer can help you keep track of important deadlines and make sure you are meeting your legal obligations each step of the way.

Set Up a Free Consultation With a Long Island Construction Accident Lawyer

Don’t wait until it is too late to talk to a Long Island construction accident lawyer. Call Oresky & Associates, PLLC to set up a free consultation. We will discuss the details of your case and explain your legal options. It’s also a great opportunity to learn more about our law firm and how we can help you during this stressful time.