Millions of construction accident cases are reported around the world yearly, and New York City has a fair share of them. You may have heard about receiving workers’ compensation and other benefits after a construction injury. But not everyone gets lucky with the claims.
There are a number of complexities involved in construction injury cases. Whether you’re at fault or someone else, some situations can add insult to injury in your claim process and make you exhausted.
Wondering what these are and why you must consult a construction accident lawyer for this? If yes, read on to find the answers in detail:
1. Face Employer’s Denial
Besides all the other factors, one of the main components of workers’ compensation cases is the location where the injury happened. If you were at work where the accident happened, it can somehow trigger the employer. There is a high chance that your claim will be denied as the employer will start to resist it.
At this point, you must consider hiring a construction injury lawyer to prove that your injury happened in the workplace. For example, you can consider consulting Rochester Construction Accident Lawyers to assess the incident area and collect all the evidence needed to prove your employment and claim rights.
2. Overwhelm With the Filing Process
If you’ve been in a construction site accident, to get your claim, you might need to understand legal jargon and all the steps. But this will only feel like a fruitless endeavor. You might feel confused by the filling process and find no place to get started.
Therefore, it is advised to hand over the matter in the hands of an experienced and skilled construction accident lawyer. The lawyer will not only evaluate your case but also identify whether you’re eligible for a workers’ compensation claim or personal injury.
3. Have a Pre-Existing Condition
No lie, but some of the construction site workers already have a pre-existing condition. If you have it as well, it can make your workers’ compensation claim challenging to navigate. From employers to medical insurance companies, even judges will believe that your pre-existing condition has worsened.
However, a lawyer will better evaluate your injury and details of your medical condition to form evidence in support of your case. This way, you can prove that the pre-existing condition is unrelated to the current injury.
4. Change in Employer Behavior
Injuries are never uncommon in the construction field. However, often, in case of any injury or accident, many employers start to behave differently. When any accident takes place, it can cause either the stress of undergoing an investigation or a lawsuit against them.
With these emotional changes, the employer is expected to behave least interested in your injury or completely go against it. You can also expect to receive threats about returning to work or forced termination.
Now, here, only a skilled construction injury lawyer can help you by protecting your claims and employment security at that time.
5. No Compensation Insurance
By law, every employer in the construction industry is obliged to pay and provide workers’ compensation insurance. If you sustained any injuries and realize that your employer hasn’t yet invested in insurance – you must consult the construction accident lawyer immediately.
The lawyer will evaluate your case with this complication and understand what other benefits or options you should consider.
6. Excess Medical Bills
Facing an injury at work can be a devastating experience. There can be a list of seen and unforeseen medical expenses you have to cover for recovery. For example, if you have a back injury, you might not be able to predict the actual cost of treatment and recovery.
However, a skilled and experienced construction injury lawyer can estimate all the expenses related to treatment costs and recovery. This way, you will be fully insured and prevent spending funds from your pocket.
7. Refuse For Benefits
There is always a high probability that your claim is denied, regardless of how intense your injury is. You can also experience delays in the benefits, which can be frustrating.
These are the two major aftermath factors that happen to most accident victims. This can lead you to hassle and track down what you deserve. But with a skilled lawyer, you don’t have to struggle for your legal rights in a construction site accident.
A construction accident lawyer will know the reason behind the rejection or delay in your claim and prepare your case by eliminating all the risks. This way, your claim will be presented with all the documents, so you receive benefits without any delay.
8. Receive a Reevaluation Request
Once you start to receive benefits, you may think that your struggle is over. But that is never the end for most of the victims. The employer’s insurance company can request a reevaluation of your condition even after you have proven your injuries.
The primary purpose of this evaluation is to check whether your health has improved or not. Depending on the results, you can either get a reduction in the benefits or become no longer eligible for these benefits. So, getting a call for reevaluation can be overwhelming or stressful.
Therefore, you must consider hiring a skilled construction injury lawyer to navigate this situation.
9. Need Lost Wages
After the workplace accident, more than 35% of Americans struggled to cover the basic expenses of a livelihood. Some workers can even lose the ability to work further after the accident, and some find no right option to work. This can be a financially stressful condition to deal with.
But when you hire a construction accident attorney for your case, they will better evaluate your situation and ensure that you will receive the best benefits after the accident.
10. Misalign Opinion
It’s an undeniable fact that in case of any accident or injury at the construction site, many employers start to form doubts about the severity of your injury. This can lead to disputes because of misaligned opinions about your injury.
However, only a lawyer by your side can collect and prove the evidence that will help change the employer’s opinion. This way, you can explain the reality of your injury and receive the lost wages to handle your expenses.