Bringing a lawsuit for injuries in a construction accident requires proof of negligence.
BUFFALO, NY, July 21, 2023 /24-7PressRelease/ — After a construction accident, workers may not know what next steps to take in terms of filing for workers’ compensation or filing a lawsuit. Attorney John Feroleto of Feroleto Law says you should not decide too quickly. “Few people understand what is needed to bring a construction accident lawsuit versus making a workers’ compensation claim,” says Feroleto.
In most cases, you should file for workers’ compensation instead of a lawsuit. Many workplace injuries are truly accidents, and holding someone legally liable would be difficult.
The process for filing a workers’ compensation claim in New York is simpler than bringing a lawsuit. The required forms and instructions are available at the New York Workers’ Compensation Board website.
However, when someone’s negligence led to your injury at a construction site, you should speak with an attorney about your legal options.
“There are legal standards for proving negligence in a personal injury case, and an attorney can determine whether the accident you had meets those standards,” says Feroleto.
In a lawsuit, multiple parties could be held responsible. They may include the property owner, contractor, subcontractor or others, if they did not provide safe workplace conditions that properly prevented injury. You might also be able to sue a product manufacturer if a defect, like faulty scaffolding, or defective machinery led to your injury.
Workers’ compensation benefits provide partial replacement of lost income while you were unable to work, and they cover medical bills, however there are limitations on what you can recover.
In a construction accident lawsuit, you can seek compensation for the monetary damages of lost wages and medical bills, too. However, a lawsuit can also seek compensation for pain and suffering or for emotional distress.
Regardless of whether you file for workers’ compensation benefits or bring a construction site injury lawsuit, keep detailed documentation of your injuries.
In addition to retaining medical records, gather witness statements from those present when you were injured. If you file a lawsuit, your attorney can help you collect the information you need and may bring in expert witnesses to strengthen your case.
A word of caution: be careful with social media. An insurance company might try to use a picture of you smiling with your friends to argue that you are not hurt.
About Feroleto Law
The team of seasoned attorneys at Feroleto Law offers outstanding representation. For over 40 years, through a professional and unwavering approach, the firm has helped clients win up to eight-figure settlements. After the team reviews your case and confirms that you have a personal injury claim, these construction accident lawyers will devote their experience and skill to winning full and fair compensation.
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