Showing posts with label New York construction accident lawyer. Show all posts
Showing posts with label New York construction accident lawyer. Show all posts

Tuesday, 6 October 2015

How Can You Make Claims For Injuries Caused By Construction Accidents?

Anyone who has been injured in a construction accident should speak with a personal injury attorney immediately after receiving medical attention. Your construction injury attorney will prove critical in your quest to prove that the construction site's conditions, equipment or someone's negligence caused your injury. Do not simply accept the risk of construction as an occupational hazard and assume that you must pay for your medical bills, lost time at work, pain and suffering that resulted from an injury suffered on the job. The first step toward receiving compensation is to meet with a skilled attorney who will guide you through the claim process.

If you have been injured while working on a construction site, you can pursue financial compensation with a workers' compensation claim, a personal injury lawsuit or a product liability lawsuit. The right type of claim will be determined by the nuances of your injury and the workplace.  You can count on on your personal injury attorney to help you navigate the legal maze, submit legal documents and meet critical deadlines. You can remain focused on improving your physical health and returning to work while your attorney works on your behalf. Your construction accident attorney will collect evidence, gather statements from eyewitnesses, organize medical records and build a solid case to prove that your injury really is causally related to workplace activities. Employers must be in accordance with a number of legal requirements in order to be absolved of responsibility for on the job accidents. They must remove hazards, implement a hazard communication program, provide safe equipment and tools, provide a safety training manual, notify employees of OSHA regulations,  display those regulations in visible areas and much more.

Whether your injury qualifies for a workers' compensation claim or a personal injury lawsuit, we'll work just as hard to help you obtain the money that you need in your quest to return to your normal life. While it is true that more money can be collected in most personal injury lawsuits, our law firm has no preference for either type of case. We are equally motivated to assist those who would like to sue another individual or company along with those who would like to file a workers' compensation claim. Our team will help you file a construction injury claim to make sure that the negligent party pays for your treatment, the injury's impact on your career and its general inconvenience.

Wednesday, 12 August 2015

What is The Process of Filing A Claim Under The Jones Act For Compensation?

The Jones Act, also known as the Merchant Marine Act of 1920, is a vital component of United States maritime law. The Act provides seamen who are injured while working with the right to file a claim for compensation and pursue damages by way of a lawsuit. The Act also entitles injured seamen to a jury trial. Additionally, it empowers the family of a seaman who perishes while working to file for wrongful death benefits.

While the Jones Act seems fairly direct on its surface, filing a claim can become an extraordinarily complicated process. A number of legal decisions have shaped the Act's scope so that it is only applicable to certain individuals and circumstances. Add in the fact that employers' insurance companies commonly attempt to dispute claims and it is easy to see why so many injured seamen rely on a personal injury lawyer in NYC or a New York construction accident lawyer to help them with the claim process.

If you contribute to the operation or the mission of a vessel in navigation in any manner, you will likely qualify for a claim under the Jones Act. Yet the Act's language is not limited to merely ships and boats. If a vessel is capable of moving, it qualifies. Even if you suffer an injury while the vessel is not moving, you will still likely qualify for a claim. The Act states that injured seamen must have a connection to the vessel at the time of injury that is employment-related. It must be both substantial in nature as well as duration. These are very difficult concepts to define. In many instances, employers challenge the injured party's seaman status in court so that they do not have to pay benefits under the Jones Act. Courts typically resort to the interpretations of prior decisions yet new interpretations can be issued. Lean on the expertise of your personal injury lawyer and you'll quickly determine whether you qualify as an injured seaman according to the Jones Act's language. Your personal injury lawyer in New York will help you obtain the compensation that you rightfully deserve. This includes compensation for past, present and future medical expenses, compensation for your pain and suffering, lost wages, lost earning capacity and even your mental anguish.

Once you notify your employer that you have filed a claim under the Jones Act or float out a trial balloon communicating your intentions to file, they might offer you a settlement. Don't accept this offer right away! Work with your personal injury lawyer to build evidence for your claim while simultaneously negotiating a lucrative settlement with your employer. In many instances, a settlement cannot be reached and a lawsuit must be filed. Your work injury lawyer will guide you through this complicated legal maze that often includes a trial by jury as opposed to a trial by judge. With civil rights lawyers in New York on your side, you'll be able to prove that you are indeed a seaman, that your employer acted in a negligent manner and that this lack of due care has a causal relationship to your injury.