Construction work is one of the most dangerous occupations in New York City. Workers face daily risks from heavy machinery, scaffolding, falling objects, electrical hazards, and unstable structures. When accidents happen, injured workers often rely on workers’ compensation or other legal claims to cover medical expenses and lost wages. Unfortunately, many workers encounter another obstacle after their accident: a denied construction injury claim.
A claim denial can feel overwhelming, especially when you are already dealing with medical treatment, lost income, and uncertainty about your future. However, a denial does not necessarily mean the end of your case. In many situations, denied claims can be appealed or pursued through additional legal avenues.
At The Law Offices of Michael S. Lamonsoff, Michael “The Bull” Lamonsoff and his team aggressively fight for injured construction workers throughout New York City. If your claim has been denied, legal help may allow you to challenge that decision and pursue the compensation you deserve.
Why Construction Injury Claims Get Denied
Insurance companies deny construction injury claims for many reasons. Some denials are legitimate, but many occur because insurers attempt to limit payouts.
Common reasons for denied construction injury claims include:
- Allegations that the injury did not occur at work
- Claims that the injury was pre-existing
- Missed reporting deadlines
- Incomplete paperwork or documentation
- Disputes over the severity of the injury
- Employer challenges to the claim
Insurance companies sometimes rely on technicalities or incomplete information to justify denying benefits.
Denial Does Not Mean Your Case Is Over
Many injured workers assume that once a claim is denied, there are no other options. This is not true.
In many cases, workers can:
- Appeal the denial through the workers’ compensation system
- Provide additional medical evidence
- Challenge the insurance company’s findings
- Pursue a third-party personal injury lawsuit
An experienced construction accident attorney can evaluate the denial and determine the best path forward.
Appealing a Workers’ Compensation Claim Denial
If your workers’ compensation claim was denied in New York, you may have the right to challenge the decision through the New York Workers’ Compensation Board.
The appeals process may involve:
- Filing an appeal request
- Submitting additional medical evidence
- Attending hearings before a workers’ compensation judge
- Presenting testimony from medical experts
These hearings allow injured workers to dispute the insurance company’s conclusions and present evidence supporting their claim.
When a Third-Party Lawsuit May Be Possible
Workers’ compensation is not always the only option available to injured construction workers.
In many construction accidents, third parties, such as property owners or contractors, may share responsibility for unsafe working conditions.
Examples of third-party liability include:
- Unsafe scaffolding or ladders
- Falling objects from elevated work areas
- Unsafe construction site conditions
- Defective tools or equipment
- Negligent contractors or subcontractors
New York’s Labor Laws 240 and 241(6) provide powerful protections for construction workers injured in gravity-related accidents.
Unlike workers’ compensation claims, third-party lawsuits can allow injured workers to pursue damages for pain and suffering, which are not available under workers’ compensation.
Evidence That Can Strengthen a Denied Claim
When appealing a denied construction injury claim, strong evidence is essential.
Important evidence may include:
- Medical records and diagnostic imaging
- Accident reports from the job site
- Photographs of the accident scene
- Witness statements from coworkers
- OSHA reports or safety violation records
- Expert testimony regarding construction safety standards
A thorough investigation can uncover evidence that strengthens your case and challenges the insurance company’s denial.
Common Construction Injuries In Denied Claims
Construction accidents frequently cause serious injuries that may require extensive medical treatment.
Common injuries involved in denied claims include:
- Traumatic brain injuries
- Spinal cord injuries
- Herniated discs
- Broken bones
- Electrical burns
- Crush injuries
- Severe lacerations
Even injuries that initially appear minor may lead to long-term complications that affect a worker’s ability to return to work.
The Importance of Acting Quickly
Time is critical when dealing with a denied construction injury claim.
Workers must follow strict deadlines for:
- Reporting injuries to employers
- Filing workers’ compensation claims
- Appealing denied claims
- Filing third-party lawsuits
Waiting too long can make it more difficult to gather evidence and may jeopardize your ability to recover compensation.
How an Experienced Construction Accident Lawyer Can Help
Insurance companies and construction companies often have teams of lawyers working to limit their financial exposure.
An experienced construction accident attorney can help by:
- Investigating the cause of the accident
- Reviewing the insurance company’s denial
- Gathering medical evidence and expert testimony
- Filing appeals and representing you in hearings
- Identifying potential third-party claims
- Negotiating aggressively with insurers
Strong legal representation can significantly improve the chances of overturning a denial.
Why Choose Michael “The Bull” Lamonsoff
Michael “The Bull” Lamonsoff has built one of New York City’s most aggressive personal injury law firms. Known for preparing every case for trial, he has recovered more than $500 million in verdicts and settlements for injured clients.
With 150+ years of combined litigation experience, the legal team at The Law Offices of Michael S. Lamonsoff fights tirelessly for construction workers who have been injured on the job.
The firm proudly represents clients in English, Spanish, and Portuguese and is committed to helping workers stand up to powerful insurance companies and corporations.
Speak With a Construction Accident Lawyer Today
If your construction injury claim has been denied, do not assume that the insurance company’s decision is final. You may still have options to appeal the denial or pursue additional legal claims. The team at The Law Offices of Michael S. Lamonsoff is ready to review your case and fight for the compensation you deserve.
Contact us today for a free consultation. You’re not just hiring a lawyer. You’re putting your case in the hands of a fighter. You’re hiring The Bull.
