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The construction industry is one of the most important parts of our society, and it’s also a dangerous field of work. Due to its nature, the risk of fatal injuries is high, and safety measures aren’t always enough to prevent accidents. That’s why being aware of your rights when an accident happens is critical. 

Every accident is different and depending on its circumstances and who’s responsible for it, approaching the situation can be complicated without a Staten Island construction accident lawyer. If you have any concerns about your claim or your future, reach out to a lawyer at Kuharski, Levitz & Giovinazzo, Esq. for help. 

Who’s Liable for a Staten Island Construction Accident Claim?

Before you proceed legally, you need to identify the individuals or businesses responsible for your injuries, as they will be considered negligent. Negligence is one of the most important elements of an injury claim, and being unable to prove its existence may mean losing your rights to compensation. 

An employer has a legal duty to keep workers safe on a construction site. If your injury was caused by faulty equipment or insufficient safety measures, you can be compensated after proving that your actions or inactions caused an accident.

Keep in mind that other employees can also be considered liable in an injury claim if they had a role in causing the accident. You can even ask for compensation from an engineer or architect who prepared a dangerous project that caused structures and scaffolding to collapse. 

Workers Compensation or Personal Injury Claim? 

These two processes might sound similar on paper, but they’re different in their execution. Going through workers compensation may seem like the logical choice after a work-related accident, but that’s not always the case. You’ll be unable to recover damages like pain and suffering while losing your ability to sue. 

When compared to a personal injury claim, you’ll have the benefit of not having to prove fault. If a third party was responsible for your accident, your only chance of being awarded damages is through a claim. 

A Staten Island construction accident attorney can discuss your current situation and help you understand what your best option may be. Your lawyer can also help you deal with situations such as insurance companies diminishing your claim’s value or denying your request for workers compensation at any point. 

Receiving Medical Attention After a Construction Accident

Common consequences of Staten Island construction accidents are spine injuries and brain trauma, which can have lifelong consequences that will impact your future. Because of this, you need to seek medical attention as soon as possible in the moments following an accident, so you can prevent irreversible damage and obtain vital information about your health.

This information will also be used as evidence for your case to establish the amount of compensation you need to cover all expenses, including ones you may have to deal with in the future. A lawyer will also need a copy of your medical bills to make the correct calculations. They may also ask your doctor to release a formal statement about your conditions. 

Reporting a Staten Island Construction Accident

Notifying your employer or a supervisor about a Staten Island construction accident is in everyone’s interest, as measures will be put in place to prevent similar events from taking place. It also allows you to obtain a report and important documentation that will be used by your lawyer to prove fault or to let you obtain your workers compensation. 

It will be much harder for insurance companies to argue that your injuries were caused by another condition, or that you’re exaggerating and looking for a bigger payout when an accident report shows a clear correlation between the events that transpired and your injuries. 

Legal Time Limits for Staten Island Construction Accidents

Under New York State workers compensation law, you only have 30 days to notify your employer about work-related injuries or illnesses. After that, you have two years from the date of the accident to proceed.

If you’re filing a personal injury claim, you’ll have three years at your disposal. In both instances, it’s always recommended to proceed as soon as possible to avoid delays and losing evidence. You could also be compensated quickly if you act immediately after seeking treatment. 

Contact a Staten Island Construction Accident Attorney

Laws involving workers compensation and personal injury claims are complex and may end up causing great stress and more problems. An experienced Staten Island construction accident lawyer can take care of everything on your behalf. 

At Kuharski, Levitz & Giovinazzo, Esq., our team of construction accident lawyers is ready to take your case. We know how difficult it can be to obtain what you deserve while you’re injured, so we’ll work hard to provide you with the compensation you need. Call our office today at 718-448-1600 or complete the quick online contact form below to get started.