Type Of Claim For A Construction Accident

Type Of Claim For A Construction Accident

Construction Accident Lawyer

When you are still coming to terms with the injuries you have sustained after a construction site accident, you might be wondering what type of compensation is right to file for. Should you put in a claim for standard workers’ compensation? Should you try to file a personal injury claim? Do you have the opportunity to file for both types of compensation? Depending on how the injury came about, you may wish to pursue a personal injury lawsuit over a workers’ compensation claim. It is important to speak with a lawyer to see if you are eligible to file a personal injury suit and see if that would be beneficial to you. 

Benefits of Workers’ Compensation

If you are trying to recover compensation for your construction site injury, workers’ compensation is often a good route to go. This is because you will not need to provide evidence to an insurance company that someone else was acting negligently and caused your injuries. Workers’ compensation is typically straightforward. Provided you have what you need for your claim, you are almost guaranteed compensation when you file a workers’ compensation claim. 

Are there any drawbacks? 

Construction site accidents can often lead workers to be injured severely. This means that while you might receive workers’ compensation, you may not end up getting enough for the severity of your injuries and all of the treatments you need. As a lawyer, like a Queens, NY construction accident lawyer from a law firm like Polsky, Shouldice & Rosen, P.C. knows, it is uncommon to file a workers’ compensation claim and a personal injury suit against an employer after a construction site accident. Giving up the right to file a suit while accepting workers’ compensation is known as the “grand bargain.” 

When can I file a suit? 

While you will need to talk with your lawyer about when it is more appropriate to file a personal injury suit or a workers’ compensation claim, there are certain times when your circumstances would make more sense for a personal injury suit instead of a workers’ compensation claim. 

  • The party who caused your injuries was a third party, not your employer. 
  • The employer chose to deny your workers’ compensation claim without good reason or in bad faith. 
  • Your employer did not have workers’ compensation 
  • Your injuries happened as a result of your employer intentionally harming you

If any of the above is true, then you will need to begin gathering evidence to show that you were harmed by another person’s negligent or reckless actions. You would need to provide the standard evidence to show you were owed a duty of care, the defendant breached the duty of care, you were injured as a result of that breach, and your injury caused you to suffer damages. 

When you are confused about whether to file a workers’ compensation claim or a personal injury lawsuit following a workplace injury at a construction site, it is time to get the legal help you need. This can be an extremely complicated time and a lawyer can help you through this process. Reach out to a law office that specializes in construction accident claims today.