Filing a Workers’ Compensation Claim After a Construction Accident in NY

If you or someone you know has been injured in a construction accident, you may be feeling overwhelmed, confused, and uncertain about the next steps to take. At this difficult time, it’s natural to have many questions about what you need to do to protect your rights and ensure you receive the compensation you deserve. The process of filing a workers’ compensation claim can be complicated, and navigating through it alone can be challenging. If you find yourself in this situation, we want to assure you that you are not alone. We understand the stress that comes with such an accident, and we are here to help guide you every step of the way.

 

Robert Friedman

Michael Ranzenhofer

Sam Alba

Justin Friedman

John Dracup

 

Understanding Workers’ Compensation in New York

Workers’ compensation is a form of insurance that provides financial benefits to workers who suffer injuries or illnesses while performing their job duties. In New York, this system is designed to help workers who have been hurt on the job by covering medical expenses and providing compensation for lost wages. The system also protects both workers and employers by offering a way to resolve injury claims without the need for a lengthy and costly lawsuit.

However, even though workers’ compensation is meant to make the process easier for injured workers, it can still be difficult to navigate. Each claim has its own unique circumstances, and workers may struggle to understand how to file a claim, what benefits they are entitled to, and what they need to do to receive those benefits. When you’ve been injured in a construction accident, the stakes are even higher, and getting the right legal help can make all the difference.

Steps to Take After a Construction Accident

If you have been injured in a construction accident, the first thing you should do is seek medical attention. Even if you don’t think your injury is serious, it’s important to get checked out by a doctor. Sometimes, injuries may not be immediately visible or may worsen over time. By seeking medical care right away, you are also creating an official record of your injury, which is an important step in the claims process.

Once you’ve received medical care, your next step should be to report the accident to your employer. New York law requires that workers report any workplace injury to their employer as soon as possible, usually within 30 days of the accident. Failing to report the injury in a timely manner could result in a delay or denial of your workers’ compensation claim. Be sure to provide a clear description of how the accident occurred and how you were injured. Keep a copy of your report for your records.

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After reporting the injury to your employer, the next step is to file a workers’ compensation claim with the New York Workers’ Compensation Board. This is the government agency that oversees workers’ compensation claims in the state. The claim process can be lengthy and complicated, and it is essential to fill out all forms correctly to avoid delays or denials. It’s important to gather all the necessary documents, such as your medical records, proof of income, and any other supporting evidence related to your injury.

How Workers’ Compensation Benefits Work

In New York, workers’ compensation benefits cover both medical expenses and lost wages. If you’ve been injured on the job, you are entitled to compensation for medical treatment related to your injury. This includes hospital visits, surgeries, medications, rehabilitation, and any other necessary medical care.

In addition to medical benefits, workers’ compensation also provides benefits for lost wages. If your injury prevents you from working, you may be entitled to a portion of your lost wages. The amount you receive depends on the severity of your injury and the extent to which it affects your ability to work. In New York, wage replacement benefits are typically set at two-thirds of your average weekly wage, subject to certain limits.

The workers’ compensation system is no-fault, meaning that you do not have to prove that your employer was at fault for the accident in order to receive benefits. However, the process of obtaining these benefits is not always straightforward. You may encounter challenges along the way, such as disputes over the severity of your injury or the amount of compensation you are entitled to. This is where legal assistance can be invaluable.

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Common Construction Accident Injuries

Construction workers face unique risks on the job due to the nature of their work. Accidents can happen quickly and result in serious injuries.

Each of these injuries can result in significant medical bills, lost wages, and long-term physical effects. In severe cases, they can even result in permanent disability or death. If you’ve been hurt in a construction accident, it is important to understand that you may be entitled to more than just medical treatment. You may also have the right to seek compensation for pain and suffering, as well as future medical care if your injury requires long-term treatment.

The Role of an Attorney in Your Workers’ Compensation Claim

While it’s possible to file a workers’ compensation claim on your own, many injured workers find it beneficial to work with an attorney who can guide them through the process. An experienced lawyer can help you understand your rights, ensure that all paperwork is filed correctly, and advocate on your behalf if your claim is denied or disputed. If your injury is complex or involves a third party, an attorney can help you explore other legal options, such as pursuing a personal injury lawsuit in addition to your workers’ compensation claim.

One of the most important reasons to work with an attorney is that the workers’ compensation system is not always easy to navigate. Insurance companies and employers may try to minimize your claim or deny benefits altogether. Having a lawyer on your side ensures that your claim is taken seriously, and you get the compensation you need to recover and move forward with your life.

An attorney can also help you gather and present the necessary evidence to support your claim. This might include medical records, witness statements, accident reports, and expert testimony. If your claim is contested, your lawyer will be able to represent you in hearings or court, working to ensure the best possible outcome for your case.

How We Can Help

At Friedman & Ranzenhofer, PC, we understand the physical, emotional, and financial toll that a construction accident can take on you and your family. We know that you are dealing with pain and uncertainty, and you may be unsure about where to turn for help. Our team is here to offer support, guidance, and legal expertise every step of the way.

We are committed to helping you navigate the workers’ compensation system and fight for the compensation you deserve. Our team will work tirelessly to ensure that your case is handled efficiently and effectively. We will keep you informed throughout the entire process and ensure that your rights are protected. If you have any questions or need assistance with your workers’ compensation claim, don’t hesitate to reach out to us. We are here to help you secure the best possible outcome and give you the peace of mind you need to focus on your recovery.

If you’ve been injured in a construction accident, contact us at Friedman & Ranzenhofer, PC today. Let us help you get the compensation you deserve.

To learn more about this subject click here: Navigating New York’s Construction Accident Laws: What Workers Need to Know