After A Construction Accident: Worker’s Rights, Compensation, And Legal Recourse

25 July 2023

The workplace is one of the most dangerous places a person can be in. Accidents can still occur even though safety managers and company owners do their best to uphold safety in the workplace.

In fact, per data from the International Labor Organization (ILO), around 340 million workplace-related accidents are recorded every year. These accidents happen across various sectors, including the construction industry.

Construction accidents are a fairly common occurrence. According to the Bureau of Labor Statistics (BLS), an estimated 150,000 construction accidents are reported each year. These accidents affect construction workers and their loved ones.

Worry not; if you’re working in a construction company and encounter an accident while doing your job, you have rights and can file for compensation. And if you’re forced to a tight spot, you have legal pathways that you can take with the help of an experienced construction accident lawyer. Want to know more about the aforementioned subjects? Continue reading below to learn more.

What Are Workers’ Rights In Case Of A Construction Workplace Accident?

Construction workers are covered by a set of different legal protections that shield them from harm while they do their jobs in the workplace.

For starters, construction companies are required to ensure that they provide a hazard-free working environment for their personnel. Further, they’re required to have insurance to cover any unexpected eventualities like construction accidents. Those are just some of the legal protections construction workers like you are guaranteed.

Thus, construction workers have the right to work in a safe workplace environment and file a claim for their injuries and other losses if they have an unforeseen accident while they’re at work.

If you’ve been injured on the job, the first thing you should do is seek medical attention. Your health and well-being should always be your top priority. Once you’ve received the necessary medical care, it’s important to report the accident to your employer or to your immediate supervisor. This step is necessary to notify your construction company employer that you’ve had an accident on the job and you wish to file for just compensation.

Construction Workers’ Compensation After A Workplace Accident

In many cases, workers who are injured on the job are entitled to workers’ compensation benefits. These benefits can help cover the cost of medical treatment, lost wages, and other expenses related to your construction accident injury. To receive these benefits, you’ll need to file a claim with your employer’s workers’ compensation insurance carrier.

Filing a construction accident workers’ compensation claim is a complicated and tedious process. You’ll need to accomplish tons of paperwork, interview witnesses, gather various pieces of evidence, obtain medical and workplace records, and so much more in filing your claim. In addition, it’ll take a lot of back-and-forth between you, your employer, and the insurer as your claim application is being processed.

Say You Diligently Cooperated With Your Employer

Say you’ve prepared and submitted all of your documents on time, diligently cooperated with your employer and their insurance company, and built a strong claim case. If that’s the case, your claim will likely get approved. Yet there’s a chance that you’ll get a reduced amount award compared to your original claim.

Nonetheless, it’s important to note that workers’ compensation approval depends on a case-to-case basis. Your construction company’s insurer will process construction accident claims depending on their insurance coverage plan, the prevailing laws in the state where you’re, and so on.

Workers’ Legal Recourse After A Construction Accident

If your workers’ compensation claim is denied or if you feel that you’re not receiving the full benefits you’re entitled to, it’s a good idea to consult with a construction accident lawyer. An experienced attorney specializing in helping construction accident victims can help you understand your rights and options and can represent you in legal proceedings.

Your construction accident lawyer can help you file an appeal with your company’s insurer in case your initial compensation filing is denied or you’ve received a reduced claim award. To add, they can initiate and carry out negotiations with your company and their insurer. If no legal conclusion that’s amicable to all the parties involved is reached, your attorney can proceed with filing a case in a court of law and handle the reins from there on.

What To File?

In addition to workers’ compensation benefits, you may file a lawsuit in personal injury against the third party who was responsible for your injury too. For example, if a subcontractor or equipment manufacturer was negligent and their actions contributed to your injury, you may be able to hold them accountable through a personal injury lawsuit.

A personal injury lawsuit can help you recover damages for medical expenses, lost wages, pain and suffering, and other losses related to the injuries you’ve contracted in a construction accident. Yet it’s important to note that there are strict time limits for filing a personal injury lawsuit. If you wait too long to take legal action, you may lose your right to seek compensation. Fortunately, a construction accident lawyer can help out with that too.

What You Need To Know About Working With A Construction Accident Attorney

It’s important to understand that every construction accident case is unique. The specific rights and options available to you will depend on the circumstances of your accident and the laws in your state. That’s why it’s important to consult with a construction accident lawyer who can help you understand your rights and options.

When you meet with a lawyer, they’ll review the details of your case and help you determine the best course of action. They may recommend filing a workers’ compensation claim, pursuing a personal injury lawsuit, or taking other legal action. Plus, they’ll help you gather pieces of evidence to support your case and will represent you in any legal proceedings.

Navigating Complex Legal System

One of the benefits of working with a construction accident lawyer is that they can help you navigate the complex legal system. They’ll handle all the paperwork and legal procedures on your behalf, allowing you to focus on your recovery. Also, they’ll advocate for your rights and best interests, working to ensure that you receive the full compensation you’re entitled to.

Besides helping you seek compensation for your injuries, a construction accident lawyer can also help you hold any responsible parties accountable for their actions. This can help prevent similar accidents from happening in the future and can help improve safety standards in your company and the construction industry in the bigger picture.

To Conclude

If you’ve been injured in a construction accident, it’s important to know that you’re not entirely in a hopeless position. You’re entitled to certain rights and can file a construction accident claim with your company’s insurer.

And there are legal options available to help you seek justice and compensation for your injuries. A construction accident lawyer can help you understand your rights and options and represent you in legal proceedings. Don’t hesitate to reach out for help – you deserve justice and compensation for your injuries.

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Arnab

Arnab is a professional blogger, having an enormous interest in writing blogs and other jones of calligraphies. In terms of his professional commitments, He carries out sharing sentient blogs.

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What to Do When You’re Involved in a Car Accident in Albany

You can be driving across an intersection and then another vehicle suddenly comes out of nowhere on the left side and smashes into the driver's side of your car. Accidents like these do happen. Each year, millions of car accidents occur in the United States and Albany is no exception. It’s best that you know the steps you need to take when you get into a car accident. Here are some tips on what to do when you’re involved in a car accident in Albany. Different Ways To Handle A Car Accident In Albany 1. Action plan: First things first, here is a rundown of the actions you need to take immediately after a car accident: Step 1: Check if you have injuries. Step 2: Check if your passengers are fine or have injuries that need to be addressed. Step 3: Get to a safe place (park your car on the side or get out of your car if it is severely damaged). Step 4: Call for help and call 911 immediately. Step 5: Wait patiently for medics and the police to come and assist you. Step 6: Exchange information with the other driver involved in the accident. Step 7: Document the accident by taking pictures, finding out exactly what happened, and getting witness statements. Step 8: Inform your insurance company about the accident for you to be able to claim your insurance policy. This will all be discussed in the next paragraphs in detail. 2. Address all safety concerns: The car accident would surely come as a shock to you, but you have to stay alert. Your vehicle could be damaged, and the passengers including yourself could be injured. Immediately check yourself and the other people who are with you in the car. If someone is hurt, call for help and call 911 immediately. Afterward, turn on your emergency hazard lights and place your reflective device at the back of your car so other cars on the road are warned that there was an accident. 3. Report your accident: After you have addressed all injuries and safety concerns, you must report your accident. You might not know, but under the New York law, you are required to report the accident and submit proof of insurance of all parties involved in the accident. Furthermore, if there was damage, injury, or death in the accident, you’re required to file a form with the New York DMV. Here are also some information that you have to take note of regarding the other party: Name Address Mobile number Insurance company Driver’s license number License plate Car make Car model and year Car color Additionally, after you have addressed all safety concerns and gotten information regarding the car accident, try to take as many photographs of the scene as this may come in handy later on for the police report. In more serious cases, you might need a lawyer present to assist you on legal documents and representation when you file a police report. Call your family lawyer immediately if you need to. If you don’t have a lawyer yet, you can check out a law firm site online for legal assistance. 4. Contact your insurance company: Once you have reported your accident and addressed all injuries, it’s now time to contact your insurance company. It’s essential to know what your insurance policy covers. Gather all requirements asked by the company and claim the coverage to help you save money on the repair of the damages on your car. 6. File a personal injury lawsuit: If the car accident resulted in a serious injury, you might want to look into filing a civil lawsuit. Your insurance may only cover partial car damage repairs and medical expenses. In New York, you have around three years from your accident to file a lawsuit to cover the damages from the accident. You may wish to consult with a New York personal injury attorney as New York laws on injury and accidents are quite complex. You can check out Albany Courthouse pages and find more information about filing lawsuits. Hopefully, you’ll never get into a car accident, but if you do, these are some tips that will prepare you for such an event. Simply apply the tips listed above, and you’ll be able to easily recover from a car accident. Read Also: 7 Reasons Why Teenagers Pay Extra For Car Insurance The Aftermath Of Hit And Run Accident Claims: How Much Compensation Can You Expect?

How Did COVID Change Landlord-Tenant Laws

The COVID-19 pandemic did a number on every industry across the globe. Even the real estate sector, well known for its relative stability, was not immune to its effects. In some instances, the battle was between lives and livelihood as many tenants lost their jobs. And with it, the ability to pay their bills, including their rent. These unfortunate circumstances necessitated changes to the usual landlord-tenant laws practically overnight. Due to these changes, landlords have had to suspend their home renovation plans to fully grasp these new laws and avoid legal suits. Read on for an overview of how exactly COVID changed landlord-tenant rules. Rent suspension One of the most impactful changes to the landlord-tenant laws is rent suspensions. In the heat of the pandemic, the government was forced to suspend rent collection in specific locations and for particular demographics, as the lockdown dealt many citizens a heavy financial blow. Of course, this decision pushed most of the weight onto the landlords who could not rely on getting their regular passive income. But in August 2020, the external control of rent was partially lifted, allowing landlords to charge full rent and increase it. However, this comes with the condition that COVID-19 has not heavily impacted your tenants. So, for the most part, limits on rent increases are still in place. Rent arrears Rent arrears refers to the unpaid rent a tenant owes their landlord. Under normal circumstances, property owners reserve the right to evict an occupant who doesn't comply with their payments, but such laws were suspended amid the pandemic. Policies such as the COVID-19 Tenant Relief Act of 2020 were set up to protect tenants from losing their homes. Following the signing of that Act in February 2021, it became illegal for landlords in California to evict renters with longer than 12 months' tenancy. So rather than issue eviction requests, landlords owed rent, or the tenants themselves need to seek relocation assistance payments from relief bodies. Dispute resolutions The sudden changes to landlord-tenant laws in the wake of the coronavirus make disputes inevitable. Despite the effort of government policies to protect both parties, there are still a lot of grey areas that leave room for conflict and require mediation. However, to curb the spread of COVID-19, the suspension of the routine procedure has left people confused about where to bear their grievances. If you're a landlord having trouble with your tenant, you may appeal at court where an adjudicator will deliberate over your case and try to help you reach an amicable decision. If the mediator cannot help you get a consensus, you may take up the case to a hearing by a 3-person Tenancy Tribunal. Many of these adjudications and hearings take place over the phone or virtually, so you may not have to leave the safety of your house. Protection for landlords It's clear to anyone that real estate policies often defer to the side of the tenant. But that doesn't mean the law has left all landlords in the cold. After all, COVID-19 marked everyone, so there are laws to protect landlords from going bankrupt. Despite the policies pushing rent suspensions and eviction bans, the landlord can take steps to refute their tenant's protection under these laws based on certain conditions. You'll have to go through the trouble of filing an eviction notice, which will receive approval if: The tenant still owes rent as of August 2021 The tenant violated their landlord-tenant agreement. The tenant did not seek relief assistance after you issued a rent arrears warning notice. The withholding of rent would cause the landlord undue financial hardship How do Landlords protect themselves? Familiarize yourself with the current laws As a landlord, the best way to protect yourself from a lawsuit or other legal pitfalls is to familiarize yourself with the current landlord-tenant laws. Of course, keeping up with both national and state laws can be a challenging task. The effort could save you more trouble in the future. Alternatively, to err on the side of caution, you should contact an expert before taking any legal steps. Seek external aid for your tenants Most investors are in real estate for the money. Still, it's essential to remember to be kind. Everyone is having a tough time because of COVID, and it's more likely your tenant genuinely can't meet up with the rent because of financial constraints rather than harboring their money out of malice. Extend a fig leaf by offering a more flexible payment scheme or helping them look for rent relief programs that can assist. Seek external aid for yourself Alternatively, you can also look out for your interests by seeking external aid for homeowners. Banks and other lending institutions are also offering handouts during this trying period in the way of waiving late fees or offering refinancing options for your mortgage. There are also a few tax breaks and deductions applicable to landlords to make up for the rent freezes and eviction moratoriums. Keep your records Since the Centers for Disease Control and Prevention (CDC) issue to stop evictions expired in August 2021, there have been evictions in large numbers in many states. Despite this trend, policies and legal aids to protect tenants are still in place. So if you're bent on removing an occupant from your property, ensure you have all written records of your correspondence with the tenant. These documents serve as proof you did your due diligence and may absolve you from a potential suit. Conclusion If you're a landlord finding it hard to keep up with the recent changes to landlord-tenant laws, you're not alone. Still, rather than remaining aloof, you could contact a professional who understands the rental market more than you do. Hiring an experienced property manager could be an excellent investment, as they can steer you away from hefty fines and lawsuits. They can also help maximize your rental property's income as you weather through the effects of COVID. Read Also: 10 Rights You Have as a Tenant That Your Landlord Won’t Tell You About How to Protect Your Property as a First Time Landlord? 5 Unexpected Expenses of First-Time Renters

Q&A: Things You Need To Know About SSDI

In the United States, almost 10.9 million people receive Social Security Disability Insurance or SSDI benefits. This benefit offers them an average pay of $12,000 per year. Despite the benefits SSDI offers, for most of our working lives, SSDI remains a background concern. Most people avoid this insurance program because of how much the federal government charges to run this program. However, people are now getting aware of the importance SSDI has to offer. What Is Social Security Disability Insurance? Social Security Disability Insurance is a federally supported benefit program. The sole purpose of this program is to offer financial assistance to individuals with disabilities. In general, the SSDI benefits can only be offered to individuals who can no longer work or for at least 12 months because of their disability. SSDI is an earned benefit. This means that in order to benefit from this program, you must invest in this program and accumulate credit points. The credit points accumulation is also determined by your work history. Why Does SSDI Matter? Most people realize the importance when tragedy strikes. When people are unable to continue with their work, they think about how they will support themselves and their families. Guess what? If you have taken SSDI, you wouldn't have to worry. After an accident or illness that takes away your capability to work, SSDI becomes the lifeline for those who can no longer work. SSDI is a federal-controlled program where you pay a certain amount every month. And when you are ill or injured and cannot continue to work, you receive a certain portion of your paycheck to support yourself. How Is Eligibility Determined? To qualify for the SSDI benefits, you must - Have worked in jobs under the protection of social security.Have medical conditions and documents to prove the condition. The general rule states that if a person is diable and is unable to work for one year, they receive a monthly benefit under the SSDI program. The benefits continue until you can return back to work and continue working how you used to before disability. If you want to get a clear view of how this transition happens, get help from a Paducah disability attorney. What Do We Mean by Disability? It is important to understand that the definition of disability under the SSDI benefits is different from other programs. SSDI benefits are liable for paying only complete disability. No benefits are payable for any partial or short-term disability. You can qualify for the benefits under the disability program if the following stands true for you. You cannot work or engage in any activity that helps you earn because of your medical condition.You cannot work a previous job or any similar job after your current medical condition.Your condition has lasted or is expected to last for at least 12 months. This is the strict definition of disability that SSDI follows. This is because the Social Security program assumes that the person will have access to all the necessary things from their family members, including worker’s compensation, savings, and investment. Consider Reading the facts we have shared for which most of the SSD claims get denied When Does the SSDI Payment Start? Under the law, the payment won't start unless you have been disabling it for 5 full months. That means SSDI payments start from the 6th month. However, you can avoid the waiting period if your disability originates from Amyotrophic Lateral Sclerosis (ALS) and has the approval of Social Security benefits. When you receive your confirmation notice, the notice will clearly talk about how much you will receive as a benefit and from which exact date the benefit will start. How Long Does The Payment Continue? The tenure of payment is decided on your medical condition. The general rule states that an individual will keep receiving the benefits till they recover and get back to work. If the medical condition is not improving, they will keep getting benefits. However, the benefits will not continue indefinitely. The official will keep a close eye on what the individual is doing to recover themselves. That being said, with advanced medical science and rehabilitation techniques, many people recover from injuries and disabilities. When an individual is receiving the benefits, officials will keep track of them, and the individual will be responsible for answering any question asked by the officials. Do You Need To Stop Working To Collect The Retirement Benefits? No, you don’t have to stop working to receive retirement benefits. Once you have crossed the retirement age, you can work and still enjoy the retirement benefits. But, if you are below full retirement, your monthly benefits will be reduced. Only after you reach retirement age will the reduction be eliminated. And the benefits will be increased to make up for what you have lost over time. How Can You Boost The Number Of Benefits? The longer you wait for the payment, the more amount you will receive. Let’s understand this by an example. Let’s just say you were born in 1960. This means your current age is 62. So, if you start receiving the benefits, it will be 70% of your last paycheck. However, if you wait for more than 5 years till you reach 67 and then claim the benefits, you will get 100%. This is because delaying past full retirement age and Social security increases your benefits by 8% per year until you hit 70. After 70, it becomes constant. Do You Owe Taxes On Social Security? Social Security Disability benefits are subject to tax. But most people end up not paying taxes on it. The taxation of SSDI benefits depends on your total income. However, there is a way to avoid paying tax on your SSDI benefits. If your total income - one-half of your disability benefits + tax-exempt interest - is below the bottom line where taxation starts. If you are single, the threshold of the tax amount is $25,000. And if you are married and file the benefits jointly, the amount increases to $32,000. Additionals: How To Replace Your Social Security Card OnlineIs Social Work Getting Enough Praise In Today’s Society?Social Entrepreneurship – Entrepreneurship Strategies And Many More!Why You Should Hire A Social Security Disability Attorney Vs. Taking On The Legal Matters Yourself!

After A Construction Accident: Worker’s Rights, Compensation, And Legal Recourse

What Are Workers’ Rights In Case Of A Construction Workplace Accident?

Construction Workers’ Compensation After A Workplace Accident

Say You Diligently Cooperated With Your Employer

Workers’ Legal Recourse After A Construction Accident

What To File?

What You Need To Know About Working With A Construction Accident Attorney

Navigating Complex Legal System

To Conclude

Calculating Damages In Truck Accident Claims: Evaluating Medical Expenses, Lost Wages, And Pain And Suffering

Dev Gadhvi Fraud Claims: The Real Story

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Arnab

Arnab is a professional blogger, having an enormous interest in writing blogs and other jones of calligraphies. In terms of his professional commitments, He carries out sharing sentient blogs.

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What to Do When You’re Involved in a Car Accident in Albany

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After A Construction Accident: Worker’s Rights, Compensation, And Legal Recourse

What Are Workers’ Rights In Case Of A Construction Workplace Accident?

Construction Workers’ Compensation After A Workplace Accident

Say You Diligently Cooperated With Your Employer

Workers’ Legal Recourse After A Construction Accident

What To File?

What You Need To Know About Working With A Construction Accident Attorney

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Share this Article

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Tags

Arnab is a professional blogger, having an enormous interest in writing blogs and other jones of calligraphies. In terms of his professional commitments, He carries out sharing sentient blogs.

Leave a Reply Cancel reply

Popular

Follow Us

Recent

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