Accidents can occur at construction sites even with the proper safety equipment and training. These accidents are sometimes the result of the reckless or careless actions of a site manager or a reckless employee. When this is the case, an individual may be able to recover compensation through a personal injury claim or, if they are a worker, seek benefits through a workers’ compensation claim.
The process of recovering compensation differs greatly depending upon the facts of an individual case. A Brooklyn construction injury lawyer could help individuals who were injured on a construction site understand their legal rights and options for recovery. If you have a case, a skilled personal injury attorney could help you pursue the compensation you deserve.
Visitors to construction sites may be eligible for compensation if they suffer an injury due to an employee’s negligent actions. For example, if a visitor suffers a concussion from a falling tool, they may file a claim for compensation. They must then prove that a worker’s actions caused the injury.
This type of case is called a negligence case. Negligence applies whenever a person fails to uphold a duty of care in a certain situation. In this instance, the injured person must prove that the landowner had a duty to provide them with a reasonably safe environment. Landowners generally have a duty to protect all visitors to their land.
However, this duty varies depending upon why the visitor was on the land. If a person enters the construction site without the landowner’s permission, they are considered a trespasser. Trespassers are only protected from intentional harm caused by a landowner.
Most visitors to construction sites are there with express permission from the landowner. The owner must protect these people from any foreseeable harm by warning them of any dangers and providing them with protective gear. When an accident happens that was foreseeable and preventable, the injured person could claim damages.
All workplaces in Brooklyn must have workers’ compensation insurance that provides payments to employees hurt on the job. Additionally, workers from various trade unions may be eligible for benefits, including:
Employees do not need to opt into this program. However, they do need to report the injury to their supervisor immediately after an injury and seek care from an employer-approved doctor.
The purpose of seeing this doctor is two-fold. The doctor will treat the employee to bring them to a level of maximum medical improvement (MMI). After they have reached MMI, the doctor will evaluate the worker to determine if the accident will have any residual impact on their ability to work.
While the employee is seeing the doctor, they could receive temporary disability payments. If the injury is so severe that it causes permanent injury, the worker may receive payments into the future. Since there is often disagreement over the extent of a permanent injury, a worker may want to work with a construction injury lawyer in Boston to obtain the benefits they need to cover the extent of their injury.
In the instance that an employer’s insurance company does not pay workers the full benefits their injury demands, a worker may also be able to sue a third-party construction company for the negligent behavior that led to the incident.
Whether a person suffers an injury while working on a construction site or as an approved visitor, they may be entitled to monetary compensation. The New York workers’ compensation system can provide income to injured employees and visitors can file a personal injury lawsuit. If you were injured in a construction accident, do not hesitate to call a Brooklyn construction injury attorney to discuss your legal rights and options.