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The Law & You

What Are My Brother’s Options Following a Construction Accident?

The Law & You
July 24, 2019

The Law and You

What Are My Brother’s Options Following a Construction Accident?

A viewer’s brother was working at a construction site when he fell off the scaffolding. He shattered both of his ankles. He has only been able to collect workers’ compensation benefits so far. Is there anything else he can do?

Haley Blanco: It’s time once again for “The Law & You,” featuring to the area’s premier attorneys. With us today, we have Molly Clark and Greg Fellerman. So nice to have you guys here.

Molly Clark: Thank you for having us.

Greg Fellerman: It’s nice to have Molly. Ed’s been working hard. I know his viewers are probably wondering where he’s at. He’s working on some case. I don’t know where it is at this point but he’s a hard worker.

Haley: So busy. And hopefully, you guys are getting some great vacations in, enjoying summer.

Greg: Yes.

Haley: But now let’s get to this question submitted by a viewer in Kingston. Sara says, “My brother was working on a construction site and fell from scaffolding, shattering his ankles. He has only been able to collect workers’ compensation benefits so far. Is there anything else he can do?” All right, sounds like a bad situation there for her brother. What advice you have for her?

Molly: Yeah. This is a very unfortunate situation and actually, it happens a lot. We get calls like this all the time, trying to figure out if there’s another claim that we can file. A third-party action is what we like to call it. It depends. A lot of circumstances, you can but there are some that you can’t. If whoever was in charge of everything (was your employer), you can’t sue your employer for anything other than workers’ compensation benefits and your medical benefits. But if there was another person in charge, or the property was owned by somebody else, or there’s a general contractor — so there’s a lot of variables in these situations. What you really need to do is give us a call because it’s something you probably are going to have some trouble working out on your own and we would be happy to help you with it. Short answer is yes, you probably may have another claim but there’s a lot of research and analysis we would have to do first before we can tell you that.

Greg: And I think just with the complexity of having the workers’ compensation case a potential third party case against any subcontractor, general property owner, whatever it could be you need to pick up the phone and give us a call. We handle a lot of these, we’ve helped people. And the injury, those ankle/foot, they’re very difficult for a guy who works on his feet. We handle a lot of them. Give us a call. We can definitely help you out. Absolutely.

Haley: Some great advice, guys. Thanks for your time today. You’ve some more legal questions, you can give them a call, find them online or like them on social media.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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