Construction accidents are often the cause of very serious injuries. If you have been injured by a construction accident, then it is important that you contact a Construction Accidents Lawyer immediately. It is essential that pictures of the accident scene be made to preserve evidence which could be important in establishing negligence. An accident attorney can begin to help you faster with the mountain of problems and worries you have.
Being injured in a construction accident entitles you to benefits under the New York State Workers’ Compensation Law. These benefits include payment of doctor bills, and cash payments to you for lost wages or reduction in wages because of your illness or injury. You must file a claim with the New York State Workers Compensation Board which oversees the claim and its disposition meaning the Board determines the amount and type of benefits you will receive.
The benefits are not paid by the Board. They are paid by your employer’s workers compensation insurance company or your employer if it is self-insured. The decision by the Board may be disputed by either insuring body. If this happens, then the benefits cannot be paid until the Wokers’ Compensation Board has convened a Hearing before an Administrative Law Judge.
Both you and your employer will be asked to testify and medical witnesses may be allowed to testify because they have information to contribute. The Administrative Law Judge will render his opinion on the validity of the claim. If he decides the claim has merit, he will also decide the benefits you are entitled to.
Issues could come up even if the claim is not disputed. The issues relate to an injured worker’s entitlement to receive benefits under the law. These issues are also decided by an Administrative Law Judge at a Hearing. The other parties always have attorneys at these Hearings and you should also have counsel there.
Many claims encounter trouble because the proper medical documentation is not with the claim. If you talk with a Construction Accidents Lawyer before you file, many problems can be prevented. Gilbert Blaszcyk and Milburn LLP can be very helpful.
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