Construction Accident Lawyer in Bronx

In New York, you must file a personal injury lawsuit within 3 years from the date of the incident. If you fail to file your claim by this date, you won’t be able to collect any compensation. There are some exceptions to this deadline, so it’s important to talk to an experienced lawyer who can help you and ensure that you don’t miss this important date.

If you need to file a workers’ compensation claim, you technically have 2 years to pursue benefits. However, another incredibly important aspect of these types of claims is the date by which you must report the injury to your employer. In New York, you must report your injury within 30 days, or you won’t be able to pursue any benefits. While you have 30 days, we advise that you notify your employer as soon as possible after the injury or illness occurs.

You should also make sure that you seek medical treatment as soon as possible, as this is going to be the most significant aspect of any workers’ compensation or personal injury claim. 

In some circumstances, yes. If you were injured while working on a construction site, your first step will likely be to file a workers’ compensation claim. Through this claim, you can receive monetary compensation for medical expenses and lost wages, among other things. Once you receive these benefits, you are not permitted to file a personal injury claim against your employer, who provided your workers’ compensation insurance.

However, in some cases, there might be another 3rd party that is responsible for your injuries, at least in part. If this is the case, you can probably file a personal injury claim in addition to receiving workers’ compensation benefits. For example, if you were injured on a construction site due to defective machinery or equipment, you may have a valid civil claim against the manufacturer of the machinery or equipment. While this can be a significantly longer process than a workers’ compensation claim, you could end up receiving a higher payout, as workers’ compensation benefits typically only pay about 2/3 of your average wages. 

It's important to note that if you are successful in a personal injury claim against a third party, the workers’ compensation insurer that paid out your benefits may require you to pay them back a portion of the benefits you received. In many circumstances, this can still be beneficial and could end up providing you with more compensation than if you had only received workers’ compensation benefits. 

If you were injured while working on a construction site, or you’re a non-employee that was injured because a construction site was unsafe, it’s important to contact an experienced lawyer to discuss your options. You might be able to file a personal injury claim to recover compensation for the expenses you incurred as a result of the incident, or you may be entitled to workers’ compensation benefits. Regardless of the details, Morgan & Morgan can help. We have decades of experience handling both types of claims, and we will do everything we can to make sure you receive the justice you deserve. Contact Morgan & Morgan today for a free consultation.