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I’ve been in an Accident. Now What?

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I’ve been in an Accident

If you have been hurt in a construction accident, there are specific steps you should take – and avoid – in order to protect your right to just compensation.


Timeline of a
Construction Accident Claim

The time it takes to resolve a construction accident case in New York depends on many factors. These factors include the:

  • Complexity of the investigation
  • Willingness of the parties to reach a settlement
  • Extent of pretrial litigation
  • Amount of evidence presented by both sides at a trial
  • Whether a verdict is appealed.

In this sense, no two cases are the same. One case may be resolved in a matter of months. Another case may take many years before it comes to a conclusion.

If you are considering whether to pursue a construction accident lawsuit, it may help you to understand the general timeline these cases follow and stages you will encounter.

  1. Investigation
  2. Filing of a complaint and required notices.
  3. Pretrial
  4. Reviewing all insurance issues.
  5. Making a settlement demand.
  6. You accept the settlement offer.
  7. You go to trial.
  8. Collection of the judgment.

What You Should Do

If you have been injured on the job at a construction site, you may have the right to seek compensation through New York’s Labor Laws in addition to workers’ compensation benefits.

Workers’ compensation pays for an injured worker’s medical costs and a portion of the income lost while the worker suffers from a disability. A New York Labor Law claim can also seek a recovery of medical expenses. However, in contrast to worker’s compensation benefits, a Labor Law claim can lead to the recovery of all lost income as well as pain and suffering.

To ensure your eligibility for compensation, you should take these specific steps:

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What to Avoid

If you are injured at a construction site due to a violation of New York’s Labor Laws, you may be able to file a claim against the site’s owner, contractor or their agents. Your recovery, in this sense, is not limited to workers’ compensation benefits.

However, you can take steps that may ultimately harm your ability to recover full and fair compensation. Make sure to avoid these potentially costly errors:

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