Who pays for injuries caused by a construction accident?

Generally, injured construction workers can receive compensation for their medical bills and other losses, although who pays may depend on the specifics of their case. If you qualify for workers’ compensation benefits, your employer’s workers’ comp insurance carrier will be the party primarily responsible for paying your medical costs. Otherwise, you may need to seek compensation for these expenses through a third-party claim you file against a defendant who has caused your injuries. Examples of third-party defendants include the manufacturer of defective equipment, a company responsible for improper maintenance of equipment, a motorist who caused a crash, or a general contractor, subcontractor, vendor, or property owner who caused unsafe conditions that led to your accident. Your lawyer can help you get access to the care you need and determine exactly who can be held responsible for your medical costs in your unique situation.

What compensation can an injured construction worker receive?

The compensation you may be entitled to depends on specific facts, including whether you have grounds for a workers’ compensation claim, a third-party claim, or both. Workers’ compensation insurance covers a much narrower range of damages. Generally, you receive coverage of your medical care and related expenses (including prescriptions and, if relevant, transportation), partial wage loss payments (if your missed work meets minimum requirements), and, in the case of fatal accidents, survivor benefits. In a third-party claim, you aren’t limited to the partial wage loss payments allowed under workers’ compensation insurance. You can also recover additional out-of-pocket costs and non-economic losses, such as pain and suffering, emotional distress, and permanent disfigurement. Having an attorney on your side ensures you’re able to explore all of your options for maximizing your compensation.

What’s the difference between a workers’ compensation claim and a third-party construction accident claim?

While both workers’ compensation claims and third-party injury claims can provide needed resources to injured construction workers, there are a number of differences between these different types of claims, including: Eligibility: You must generally be classified as an employee to be eligible for workers’ compensation benefits, while both employees and independent contractors can pursue a third-party claim under the right circumstances. Negligence: Workers’ compensation is a no-fault program for which you don’t need to prove that your employer (or any other party) was negligent, but third-party claims can only be pursued if a party other than your employer contributed to your accident through their negligent conduct. Types of compensation: Workers’ compensation insurance primarily provides medical expense coverage, partial wage loss payments, and survivor benefits. Third-party claims can address a more extensive range of losses, including full wage loss, out-of-pocket costs, and non-economic losses. Whether you have grounds for only one type of claim or need guidance for pursuing both a workers’ compensation case and third-party liability actions, an attorney is a valuable resource for injured construction workers.

Does an injured construction worker need an attorney to recover financial compensation?

Yes, you should retain an attorney to help you maximize the compensation you receive for a construction accident. Both workers’ compensation insurance carriers and the insurers involved in third-party injury claims have advantages that the average construction worker doesn’t, including in-depth knowledge of the claims process. These insurers aren’t on your side. Having an attorney means having someone on your side who knows the legal process, as well as how injuries impact your life and how to develop strong, effective cases for the compensation you deserve.

Roger Victor Archibald, PLLC./

Brooklyn Construction Accident Lawyer

Brooklyn Construction Accidents Lawyer

Construction Accident Lawyer in New York Holding Negligent Parties Accountable

Construction accidents can be as legally complex as they are physically devastating. For injured workers and their families, the assistance of an experienced Brooklyn construction accident lawyer is essential. Roger Victor Archibald, PLLC has a well-deserved reputation for protecting the rights of injured construction workers and guiding them through the legal process.

When you need a construction accident lawyer in New York who is dedicated to getting you results, you need Roger V. Archibald. Use our online form to contact the firm today for a free consultation and allow a knowledgeable attorney to help you explore your legal options without any risk or obligation.

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Legal Help for Construction Accident Injury Claims in Brooklyn and Throughout New York

In the construction industry, accidents are high-stakes. Construction sites are inherently dangerous, with risks lurking around every corner, from the heights of scaffolding to the unpredictability of heavy machinery. A single oversight on the part of a contractor, architect, property owner, or equipment manufacturer can have devastating effects.

When an unthinkable accident occurs on a construction site, attorney Roger V. Archibald steps forward to ensure injured workers receive the resources that can help them face life after an accident. Depending on the facts of your situation, you may be entitled to compensation through one or more avenues.

Workers’ Compensation Claims for Injured Construction Professionals

If you are legally classified as an employee in New York, you’re also entitled to workers’ compensation benefits in the event of a work-related injury in most situations. Workers’ compensation is a no-fault program that pays certain benefits to the injured employee regardless of the cause of the accident (with limited exceptions) as long as the injury occurred in the scope of the employee’s work.

In a workers’ compensation claim, you may receive benefits related to:

Medical care, including treatment, prescriptions, and transportation costs incurred in the course of accessing care from physicians, chiropractors, and other types of providers authorized by the Workers’ Compensation Board
Lost wages, typically amounting to ⅔ of your average weekly wage multiplied by the percentage of disability arising out of the accident, although both minimum and maximum benefit thresholds apply
Survivor benefits, which are paid out to beneficiaries in the event of a fatal work-related injury to address wage loss and funeral expenses

Workers’ compensation claims can be filed with an employer’s insurer as a result of all types of job-related injuries, from unexpected accidents to repetitive strain injuries and illness arising out of occupational exposure.

Third-Party Construction Accident Injury Claims

Although workers’ compensation provides crucial benefits, this coverage often falls short of addressing the full impact of a construction accident on your life. What about the wage loss not covered by workers’ compensation benefits? What about the physical and emotional suffering you’ve experienced? Under certain circumstances, injured construction workers may be able to recover compensation for these losses, too, by filing a third-party claim.

To have grounds for a third-party construction accident claim in New York, someone other than yourself, your employer, or a coworker (that is, a fellow employee of the same employer) must have caused or contributed to your injuries. Examples of defendants who could potentially face third-party liability for a construction accident include:

General contractors (other than your own employer)
Subcontractors
Vendors
Architects or engineers
Property owners
Motorists who cause an auto accident while you’re on the job
Manufacturers or suppliers of defective equipment, materials, or other products

To hold any individual or company liable in a third-party injury claim, you need to be able to establish their negligence with evidence. As a result, third-party construction injury claims may require extensive investigations to determine who can be held responsible and prepare a strong case against that defendant.

The Advantages of Having an Experienced Construction Accident Lawyer in New York on Your Side

Having multiple potential paths to pursue means you have a greater likelihood of securing compensation to address your losses as fully as possible. However, it can also make the next steps complicated. If you’re trying to understand how to assess eligibility for both workers’ compensation and third-party construction injury claims or to submit the required notice and documentation to initiate one or both types of claims, it can help to have professional legal guidance.

Retaining Roger Victor Archibald, PLLC to handle your claim means gaining:

An advocate and ally focused on inclusivity and ready to stand up for all injured construction workers, regardless of their background or immigration status
Representation built on a foundation of deep industry knowledge of construction regulations and safety standards, which guides the firm’s investigations, case preparation, and legal strategy
Consideration of both your immediate and long-term needs and how to put forward the most compelling case for the compensation you deserve
Skills for achieving successful outcomes both at the negotiating table and in court
A commitment to driving industry-wide changes that enhance safety and protect workers from future harm

Both workers’ compensation insurance carriers and commercial liability insurers have incentives to pay as little in claims as possible, which can lead to disputes over liability, injury severity, and other critical aspects of your case. To maximize your recovery, you need Roger V. Archibald to demonstrate the human impact of construction accidents through skilled legal work and proper procedures.

Types of Construction Accidents Attorney Roger V. Archibald Handles

With so many potential hazards on a construction site, accidents can happen in numerous ways, particularly when negligence is involved. Roger Victor Archibald, PLLC is well-prepared to handle a wide array of construction accident cases, including:

Building collapses
Scaffolding accidents
Trench collapses
Fires
Explosions
Electrical injuries
Demolition accidents
Heavy machinery accidents
Accidents involving falling objects overhead, including debris, materials, and equipment
Falls from heights (ladders or scaffolding)
Slips, trips, and falls caused by unsafe conditions on the job site
Traffic accidents (in a vehicle or on foot), including those that occur in roadside construction zones
Harm resulting from toxic exposure
Repetitive stress injuries

Although each distinct construction accident has its own unique challenges and implications, having an experienced Brooklyn construction accident lawyer on your side ensures that you’re ready to face every issue involved in your claim with trusted guidance and the greatest possible level of confidence.

How Roger Victor Archibald, PLLC Can Help Protect Injured Construction Workers

As a Brooklyn construction accident lawyer dedicated to serving the injured, attorney Roger V. Archibald focuses on protecting clients’ legal rights, securing them the compensation needed for the most complete physical and financial recovery possible, and advocating for improved safety in the industry.

The Guidance You Need for Every Aspect of a Construction Accident Claim

Throughout your case, you can count on the firm to handle the full process of pursuing the compensation you deserve. Although that process may differ depending on the facts of your unique situation, the steps your attorney will take for your benefit include:

Reviewing the facts of your accident during a free initial consultation
Investigating any potential third-party liability
Gathering information and evidence needed to establish that the accident occurred in the scope of your work (for a workers’ compensation claim) or that a defendant’s breach of a duty of care owed to you caused the accident (for a third-party claim)
Preparing, submitting, and managing all paperwork and documentation needed for the claims process(es)
Handling interactions with the insurance company (or companies), including phone calls, correspondence, and negotiations
Compiling documentation of the full array of damages that may be relevant to your claim and submitting them to the insurer on your behalf, with any context needed to demonstrate the impact on your life
Pursuing the maximum compensation you’re entitled to through settlement negotiations, hearings, or potentially even a trial
Managing any challenges that arise, including appealing claim denials, providing further information in the event of any disputes, and fighting back against unfair tactics to reduce your compensation

By handling every legal procedure, every interaction with insurers, and every demand of the claims process, your attorney takes the burden of pursuing compensation off your shoulders. You can focus on recovery while your legal advocate handles everything else.

A Resource With Extensive Understanding of Immigrant Workers’ Needs

In New York’s construction industry, many of the workers are immigrants. Roger Victor Archibald, PLLC recognizes that injured construction workers who are immigrants may face particular challenges in getting justice and fair compensation, ranging from language barriers to a lack of familiarity with workers’ rights and the legal process. The firm aims to provide comprehensive support for all injured construction workers, which in this case includes Spanish-speaking representation to remove language barriers and legal guidance personalized to your unique circumstances.

In particular, attorney Roger V. Archibald has demonstrated dedication to and a deep understanding of clients who are Caribbean nationals. He is known for the longstanding service he has provided for clients in “Little Caribbean” in Brooklyn, as well as Caribbean neighborhoods in Queens and the Bronx. He is also licensed to practice in the Caribbean, where he’s well-known primarily for his practice of estate law.

Why Choose Roger Victor Archibald, PLLC as Your Brooklyn Construction Accident Lawyer?

When you choose Roger Victor Archibald, PLLC to represent you in legal actions arising out of construction accidents, you gain a dedicated advocate who understands your challenges, consistently gets results, and approaches legal representation with skill and empathy.

Dedicated Advocacy for Construction Workers

As a steadfast protector of injured workers and a champion of the rights of those working in the perilous construction industry, attorney Roger V. Archibald has earned a reputation for unshakeable advocacy. Standing up for injured construction workers means acquiring the resources victims and their families need to move forward while making strides in improving safety in the construction industry.

High-Value Results to Assist the Injured

When you need an attorney who gets results for construction accident claims, you need Roger V. Archibald. The experienced attorney’s history of success extends to numerous high-value settlements and trial results in the six-figure range and beyond. Particularly noteworthy is a $2 million outcome that the firm secured for a construction worker whose fall from a ladder led to a fractured ankle and multiple surgeries using hardware implants.

Legal Guidance With Skill and Compassion

With Roger Victor Archibald, PLLC on your side, you have an attorney who does more than seek a favorable legal outcome. You have an advocate who approaches your case with genuine care and compassion. The firm is committed to treating clients as people, not simply cases, and to using a thorough understanding of the challenges that follow construction accident injuries to secure outcomes that make a meaningful difference in clients’ lives.

Contact a Brooklyn Construction Accident Lawyer at Roger Victor Archibald, PLLC Today for a Free Case Review

It isn’t always clear who is at fault for the construction accident you suffered or how to move forward with securing everything you’re entitled to. Having an experienced personal injury firm on your side can help you sort through the facts, gather evidence and documentation, and ensure you’re prepared to pursue all avenues available to you, from workers’ compensation benefits to third-party injury claims.

For help from a construction accident lawyer in New York, contact Roger Victor Archibald, PLLC with our online form or call 718-237-1111 today.

Construction Accident Areas Served

Frequently Asked Questions About Construction Accident Claims in Brooklyn and Throughout New York

A.
Generally, injured construction workers can receive compensation for their medical bills and other losses, although who pays may depend on the specifics of their case.
If you qualify for workers’ compensation benefits, your employer’s workers’ comp insurance carrier will be the party primarily responsible for paying your medical costs.
Otherwise, you may need to seek compensation for these expenses through a third-party claim you file against a defendant who has caused your injuries. Examples of third-party defendants include the manufacturer of defective equipment, a company responsible for improper maintenance of equipment, a motorist who caused a crash, or a general contractor, subcontractor, vendor, or property owner who caused unsafe conditions that led to your accident.
Your lawyer can help you get access to the care you need and determine exactly who can be held responsible for your medical costs in your unique situation.
A.
The compensation you may be entitled to depends on specific facts, including whether you have grounds for a workers’ compensation claim, a third-party claim, or both.
Workers’ compensation insurance covers a much narrower range of damages. Generally, you receive coverage of your medical care and related expenses (including prescriptions and, if relevant, transportation), partial wage loss payments (if your missed work meets minimum requirements), and, in the case of fatal accidents, survivor benefits.
In a third-party claim, you aren’t limited to the partial wage loss payments allowed under workers’ compensation insurance. You can also recover additional out-of-pocket costs and non-economic losses, such as pain and suffering, emotional distress, and permanent disfigurement.
Having an attorney on your side ensures you’re able to explore all of your options for maximizing your compensation.
A.
While both workers’ compensation claims and third-party injury claims can provide needed resources to injured construction workers, there are a number of differences between these different types of claims, including:
Eligibility: You must generally be classified as an employee to be eligible for workers’ compensation benefits, while both employees and independent contractors can pursue a third-party claim under the right circumstances.
Negligence: Workers’ compensation is a no-fault program for which you don’t need to prove that your employer (or any other party) was negligent, but third-party claims can only be pursued if a party other than your employer contributed to your accident through their negligent conduct.
Types of compensation: Workers’ compensation insurance primarily provides medical expense coverage, partial wage loss payments, and survivor benefits. Third-party claims can address a more extensive range of losses, including full wage loss, out-of-pocket costs, and non-economic losses.
Whether you have grounds for only one type of claim or need guidance for pursuing both a workers’ compensation case and third-party liability actions, an attorney is a valuable resource for injured construction workers.
A.
Yes, you should retain an attorney to help you maximize the compensation you receive for a construction accident. Both workers’ compensation insurance carriers and the insurers involved in third-party injury claims have advantages that the average construction worker doesn’t, including in-depth knowledge of the claims process. These insurers aren’t on your side. Having an attorney means having someone on your side who knows the legal process, as well as how injuries impact your life and how to develop strong, effective cases for the compensation you deserve.