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How a NYC Construction Accident Lawyer Can Protect Your Rights

How a NYC Construction Accident Lawyer Can Protect Your Rights

As one of the best NYC construction accident lawyers, we know that it can seem scary after you’ve experienced a construction accident. You may be unable to work for a period of time, or need long-term medical assistance such as physical therapy.

But do you know what rights injured construction workers have, and how to protect them? 

If you’re unsure about how to protect your rights after construction accident injuries, we can help you. Our team has a New York construction accident lawyer standing by to assist you in learning more about how you can protect yourself after you’ve been injured at a construction site. The more you know about what rights you have, the better outcome you can expect.  

We’ve put together this short guide on how exactly you can protect your rights. Our list of six specific actions will guide you through the process so you can set yourself up for better results in construction accident cases. After all, knowing what benefits you can claim and how to respond after a construction accident has happened is the first step in receiving proper compensation for your loss. 

Consulting and hiring a leading construction accident attorney like William Schwitzer & Associates should be one of your next steps. Give us a call today to learn more about your rights as a construction accident victim and ask us any questions you may have. 

Why Protect Your Rights After a Construction Accident

Construction accidents are more common than you might think. You might have heard of the Fatal Four, the four most common ways workers are injured on the job a construction sites.

These include accidents involving cranes, ladders, scaffolds, and falling. Chances are, a construction worker is likely to be involved in an accident at some point in their career, and understanding their rights is vital to knowing how to protect themself.  

If you don’t know what rights you’re guaranteed, then you won’t be able to take full advantage of them after a construction accident. There are many benefits these rights provide to you, not just in terms of monetary compensation. Each of them serves to protect your future and plan ahead in the face of medical debt, lost wages, and potential loss of livelihood.   

The rights you have after a construction accident are meant to protect you as you recover and deal with the consequences of the accident itself. Life can change drastically after a construction accident, depending on the severity of your injuries. You can rely on the rights you have as a victim of an accident in order to gain back your life and establish a new normal.

Protecting your rights is one of the first steps you should take after a construction accident. The actions you take afterwards are critical in protecting the future of your health, your financial stability, and the lives and futures of those closest to you.

Compensation Available in a Construction Accident Lawsuit

William Schwitzer & Associates has been successful in obtaining millions of dollars in construction site accident settlements for our deserving clients.

Within those settlements are divisions between the various types of compensation you can demand as part of your construction accident case. No two cases are the same, but you can expect our dedicated attorneys will fight for every penny you deserve.   

The following are a few of the factors built into your overall compensation:

  • Lost income
  • Pain and suffering
  • Property damage 
  • Medical expenses, including out of pocket 
  • Punitive damages 

Keeping track of these amounts can be very difficult, especially as you recover. That’s why it’s important to hire a dedicated and meticulous team of construction accident lawyers in NYC. 

William Schwitzer & Associates will keep track of every penny and dime, notating all your expenses so we can account for them in our demand letter submitted as part of the personal injury lawsuit.  

How You Can Protect Your Rights After a New York City Construction Accident

How You Can Protect Your Rights After a New York City Construction Accident

There are specific actions you can take in order to protect your rights after a construction accident. It’s important to review them and even make a checklist for yourself to ensure you fully protect your rights.

1. Call an ambulance or seek medical attention immediately

The first step in protecting your rights is to protect your life. If you are able, contact 911 immediately in order to have emergency medical technicians (EMTs) assess you. This is critical for your health as well as documentation purposes.

Explain to them what you’re feeling, even if the amount of pain is small. Depending on the accident, your body may be full of adrenaline, which can numb the effects of the accident at first. Once the adrenaline wears off, you’ll start to feel more pain. 

It’s not unusual for the EMTs to guide you when it comes to transporting you to the hospital. In the case of construction accidents, it’s best to be safe rather than sorry. Again, the adrenaline of the accident could be hiding symptoms you might feel (in much greater pain) later on and leaving those injuries untreated could lead to permanent damage. 

2. Contact a construction accident lawyer for a free case review 

After a construction site accident occurs, you should seek out legal representation as soon as you’re able. This includes consulting with a few attorneys in order to obtain a free case review and choosing one based on your needs.

At William Schwitzer & Associates, our goal is to make the process as simple as possible for you. While you handle the recovery stage and focus on your health, we work diligently to obtain details about your case in order to build it for trial. Our professional lawyers will speak to insurance companies on your behalf and guide you throughout the process so you always know where your case stands. 

Obtaining legal representation can also be useful in filing a claim as soon as possible. This can include worker’s compensation claims through your employer as well. We can also help determine liability in the accident. You can learn more about the difference between a personal injury claim and a worker’s compensation claim in our article on the subject. 

3. Document everything 

As you work through your medical appointments and communicate with your employer, it’s important to keep detailed documentation. It’s easy to think that you’ll remember a conversation or specific details a few hours afterwards, but give it a few days and you’ll find your memory might not be as good. 

This is especially true for falls or accidents involving head injuries. Trauma is hard for the body to process, so having written information that you can reference will make the process go much more smoothly in the long run. You can easily ask for things to be written down in light of your injuries, as it’s common to have memory issues after an accident. 

Proper documentation practices also include gathering the medical bills you receive in one place. This will allow you to again document what bills you’ve paid, from the amounts to the specific medical practices sending them to you. If you obtain legal representation, you can forward these bills on to them for accounting purposes. 

4. Report the accident to your employer

Reporting your accident is best done under legal representation, so that the proper forms and information can be submitted. If you do have legal representation, it’s a good idea to refrain from speaking to anyone or signing anything without your lawyer present, or without speaking to your lawyer first.

The report you submit to your employer should be given to someone in authority, such as a supervisor. This person will then need to notify their boss about the issue, or they may contact the workers’ compensation insurance carrier directly to make a report. It’s important that you submit this report within 30 days of your accident. A licensed attorney can help you do this.  

5. Inquire about workers’ compensation benefits 

Workers’ compensation is something you should definitely explore as a result of your injuries. Workers’ compensation benefits tend to kick in much sooner than those provided by filing a personal injury claim, and can go a long way in covering medical expenses early on so you’re not piling up the debt. Many workers’ compensation benefits include vocational rehabilitation as well, which can help you recover and get back to your job sooner.

The biggest difference you’ll need to keep in mind when it comes to personal injury claims versus worker’s compensation claims is fault. If you are even the slightest bit liable for your injuries, you should file a workers’ compensation claim. Personal injury claims take much longer and include reimbursement for things like pain and suffering. Depending on the details of the accident, one may be more appropriate than the other. 

You may also be eligible for benefits beyond those given to you by workers’ compensation through your employer. These include Social Security Disability benefits and union disability benefits. 

Age is not the only factor that goes into Social Security Disability benefits. Other factors include the severity of your injury, how long you’ve been working with the company, and your education. As a union member, you may also be eligible for short- and/or long-term disability. Speak with your local union representative to identify what benefits you’re entitled to. 

6. Keep up your medical appointments

Continue recovery as much as possible by keeping medical appointments. The last thing you want to do is stop your recovery process before it’s completed its course. Not only could you potentially prolong your suffering, but you’re also cutting short the compensation you can receive for continuing to recover from your injuries. 

If you find yourself in a bind, you can also contact your construction accident attorney. The compassionate team at William Schwitzer & Associates knows your health and well-being are critical. We’ll help guide you towards the best next move so you can continue your recovery without having to worry about excessive medical expenses. 

Benefits of a Tried-and-True Construction Accident Lawyer

Benefits of a Tried-and-True Construction Accident Lawyer

The four basic rights you’re guaranteed after a construction accident include:

  • The right to medical attention
  • The right to fair treatment
  • The right to legal representation 
  • The right to workers compensation benefits

When it comes to protecting your rights, a strong construction accident attorney can do more for you than you might think possible.

Here at William Schwitzer & Associates, we know that construction accidents can put you in a potential bind when it comes to paying for representation. That’s why we work specifically on a contingent-fee basis. That means you don’t pay us anything until we’ve recovered adequate compensation for your construction site accident. 

Hiring the right construction accident lawyer goes beyond cost. We know that keeping track of your medical bills and associated expenses alone can be exhausting. Speaking with the insurance companies can leave you feeling frustrated and upset. On top of all this, you might be recovering from serious injuries as well, which can only add to the stress. 

Let our highly-professional and zealous lawyers at William Schwitzer & Associates take those burdens off your shoulders. We provide you with guidance in your case from the day you contact us, through the hiring process, all the way until your trial is complete and your recovery is awarded. 

We know that updating you about your case as you go through the process is key to recovery as well. Our expert attorneys will speak with the insurance companies on your behalf, advocating for your fair treatment and negotiating on an adequate settlement. All you have to focus on is recovering and returning back to normal.

If you’d like to learn more about what to do after a construction site accident and how to protect your rights, visit our FAQ page specifically dedicated to this type of injury. 

Call Today For A Free Case Review

Don’t leave it to chance: call the law firm of William Schwitzer & Associates today to schedule a free consultation. We’re happy to review your case and guide you in the best way to move forward. 

An injured worker doesn’t have to be alone when it comes to construction accidents. Our professional and compassionate attorneys are here to help every step of the way. 

About The Author

John C. Merlino, ESQ.

John C. Merlino, ESQ.

John C. Merlino is a zealous legal voice for injured construction workers. A senior managing member of the firm, Mr. Merlino was born and raised in Brooklyn, to immigrant parents. Mr. Merlino learned the importance of educating our clients of their rights and being a strong-compassionate advocate. Mr. Merlino, along with his mentor William Schwitzer, are among the most respected Construction Site Accident Lawyers in the State of New York.