Commercial entities often have extensive legal teams that fight hard to settle claims quickly. If you were recently injured on the job, an insurance adjuster may have already approached you with a settlement offer in exchange for keeping the case out of court.
While accepting this sum of money may feel tempting, it may not be in your best interests. Consulting a New York construction accident lawyer first can help you understand whether the offer is adequate and explore your other options for seeking compensation.
If you need legal guidance, contact a construction accident lawyer in Mineola, NY, today.
Common Mistakes Injured Construction Workers Make Without Legal Representation
You may feel that your construction accident case is relatively straightforward and that the party you are pursuing compensation from is clearly at fault. But accident cases can become complicated quickly, and you do not want to risk making any mistakes that could compromise your claim.
Here are a few common mistakes construction workers make after accidents:
- Giving recorded statements to insurance adjusters: You may assume that recording your statement to the insurance adjuster is standard practice, but you may have the right to refuse recordings of your conversations. Insurance adjusters sometimes use recorded statements as a way to twist your words and pin the blame back on you.
- Posting about the accident on social media: You may want to update your friends and family about your medical condition on social media, but posting about the accident could hurt your case. You risk the defendant interpreting your post as evidence that your injuries are not as severe as previously stated or otherwise twisting your words.
- Throwing away damaged work equipment or clothing: You might mindlessly throw away soiled or damaged clothing after the accident, or even get rid of work equipment that contributed to your injury. But all of these could be used as evidence in your accident case, and you need to preserve evidence as much as possible.
- Apologizing or accepting some of the blame: It is easy to inadvertently accept partial blame after an accident. Saying “I’m sorry,” or “I wasn’t paying attention,” could be misinterpreted as admitting fault. You also need to avoid speculating about other parties that may have contributed to the accident, as this can weaken your case against the defendant.
Construction accidents are unfortunately prevalent across NYC. In 2024, there were more than 486 construction injuries or fatalities across the city, including 7 deaths. Falls from heights were the leading cause of injury, and these accidents often result from violations of New York Labor Law § 240(1), also known as the Scaffold Law.
When property owners or general contractors violate the Scaffold Law, injured workers may be able to hold them strictly liable. But you should approach the legal process strategically to avoid the errors above.
Why Construction Workers Should Speak to a Lawyer Before Settling
Whether you are pursuing a workers’ compensation settlement with your employer’s insurance company or a lawsuit against a liable third party, you need to think carefully before accepting a settlement after a construction injury. Speaking with a New York construction accident lawyer can be helpful.
These are a few reasons to seek legal help before accepting an injury settlement:
- Settlements are final. Often, when you accept a settlement, you agree not to hold the insurer or other defendant liable for your injuries moving forward. If you find out that the settlement was insufficient, you generally can’t “unring the bell” and seek additional compensation.
- Attorneys understand how much your case may be worth. The defendant’s settlement offer may sound fair to you, and accepting it may be appealing. But an attorney can determine how much your case may actually be worth and help you understand whether the settlement offer is sufficient. They have experience with construction accident cases and are better able to estimate case values.
- Attorneys have experience talking to insurance adjusters. You may feel intimidated by the idea of negotiating with the adjusters representing the insurance company. But New York construction accident lawyers have plenty of experience communicating with legal teams and insurance adjusters and can use their negotiating skills to seek a fair settlement offer.
- Attorneys can help maximize your compensation. Ultimately, an attorney can help you maximize your compensation by standing up for your rights throughout this process.
Consult a Construction Accident Lawyer on Long Island Today
If you have been presented with a settlement offer after a construction accident, now is the time to consult a New York construction accident lawyer. At Cassisi & Cassisi, P.C., we represent injured construction workers through the workers’ compensation process and injury lawsuits. We can help you understand New York’s construction accident laws and how they apply to your case, upholding your right to seek fair compensation.
Contact us today at 516-294-5050 to request a free consultation with a construction accident lawyer in New York.
Frequently Asked Questions
When might an attorney tell a client to settle rather than pursue a trial for an injury lawsuit?
An attorney may advise a client to settle out of court rather than pursue a trial injury lawsuit because lawsuits are often time consuming and expensive. If the defendant offers a fair settlement, it may be worth accepting to save time and move forward.
Should you ever accept the first settlement offer?
Your attorney may advise against accepting the first settlement offer without negotiating for a higher one. An insurer’s first offer may not be its maximum, and your attorney can help you counter with a more substantial figure.
When should you not accept a settlement offer?
You may not want to accept a settlement offer that does not sufficiently cover your medical expenses, or if you have yet to reach maximum medical improvement and are unsure how much your case will ultimately be worth. Consulting a New York construction accident lawyer can help you make a more informed decision about whether or not to accept the offer.
