Chopra & Nocerino, LLP

Filing a claim after a construction accident

The construction industry poses a wide range of hazards to employees. In New York, workers can be at risk for everything from repetitive motion injuries to electrocution to exposure to dangerous chemicals. OSHA has regulations in place to help prevent such accidents. The agency requires employers to provide safe equipment, remove potential hazards and provide safety training.

However, employers, property managers and contractors may fail to implement these regulations. If such negligence leads to an accident, victims may be able to file a construction injury claim. The initial steps are to receive the proper medical treatment and write to the employer reporting the injury. Keeping a copy of all records is essential.

OSHA provides many workers' rights, so victims will want to take advantage of these when filing their claim. They include the right to access records of work-related injuries and to review copies of safety standards and any worksite hazard tests. Such records could reveal unsafe working conditions on the construction site.

Most on-the-job injuries are covered under the workers' compensation program. But someone who accepts such a payout cannot file a personal injury claim. Workers' comp benefits can cover expenses related to medical care, temporary or permanent disability and vocational rehabilitation; however, they limit how much victims can receive from their lawyer.

The above information shows how important it is to hire a lawyer who deals in construction accident law. With legal representation, victims can learn more about the differences between workers' compensation and personal injury claims. If a third party, such as the manufacturer of a faulty product, is to blame for the injuries, then the victim may have a case that bypasses the workers' comp program. They can then seek compensation for their lost wages, pain and suffering and other losses.

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