Construction is an almost constant presence in Brooklyn. Buildings are always being constructed, torn down, or renovated. As a result, construction accidents and injuries are somewhat common. You might be working on a construction site, or just walking by, when you are hurt, and someone should be held responsible. Our lawyer will work to help you obtain fair financial compensation.
Construction accidents may involve power tools, heavy machinery, toxic materials, or simple slips and falls. Your injuries could be relatively mild or quite severe, and you may take legal action either way. The contractor who hired you might be responsible, or perhaps the property owner. You must review your accident with an attorney to determine who should be included in the case. Much of your evidence will likely come from the construction site. Witness testimony, faulty equipment, and security camera footage are some common examples of the evidence we might need.
Get a private, free review of your case by calling our construction accident lawyers with The Carrion Law Firm at (718) 841-0083.
How Do Construction Accidents Occur?
Construction accidents can happen in all sorts of ways, and they may vary base on the type of work being done on a construction site.
Some of the most common construction accidents are falling accidents. Workers might fall from high places, like ladders, high windows, or rooftops. High scaffolding is also a common feature in falling accidents, especially in Brooklyn, where scaffolding is a nearly constant presence.
Many other accidents stem from power tools and machinery. Accidents can occur when workers do not use tools or machinery correctly, and others might be badly injured. Alternatively, the worker might use the tools or machinery correctly, but the tools or machinery are defective and cause injury.
It is also possible that certain unsafe property conditions cause accidents. For example, you might be hired to work on the renovation of an old building, but you are not informed about how structurally unsafe certain parts of the building are. You might be injured by these unsafe conditions that you should have been warned about.
Can You Sue for a Construction Accident?
Lawsuits for construction accidents may be possible, but employees may have a difficult time suing their employers. Generally, an employee cannot sue their employer because of Workers’ Compensation laws. However, independent contracts, who are very common on construction projects, may sue the client who hired them. You may also sue your employer under special circumstances.
You may sue your employer if they were negligent. If an employer’s negligence is directly responsible for the accident, they may not be shielded from liability by hiding behind Workers’ Compensation laws.
You can also sue if your case meets exceptions for scaffolding accidents. New York has special laws regarding scaffolding, as detailed below, that make contractors strictly liable for accidents and injuries caused by scaffolding.
Who is Responsible for Construction Accidents in Brooklyn?
Understanding who is responsible for a construction accident is not always simple or easy, and there could be multiple people or entities implicated in the incident.
As mentioned before, employers might be held liable, but only under special conditions. An employee typically cannot sue their employer unless the employer’s negligence is directly responsible for the accident, or other special conditions exist. Independent contractors, however, are not considered employees and may sue those who hired them.
In less common cases, property owners may be held liable for accidents. Normally, property owners step back from construction projects and let the professionals do their jobs. However, if a property owner takes a more hands-on role and causes an accident, they may be held responsible.
Sometimes, third parties who were not even present on the construction site during the accident may be held responsible. A common example is when negligent manufacturers are sued for producing faulty products that injure construction workers.
What Damages Can I Get in a Construction Accident Case?
Construction accidents are often quite serious, and victims may face painful injuries and a long road to recovery. As such, damages in these cases can be high, and you should thoroughly review them with your lawyer so you know what your claims are worth.
After a construction accident, you likely need urgent medical care. Unfortunately, medical care is often extremely expensive, and you might be facing hospital bills worth thousands of dollars or more. Even relatively minor treatment can be costly.
As you recover, you might be unable to continue working. As a result, you might lose income at a time you need it the most. Keep track of how long you cannot work so our construction accident attorneys can calculate how much income you have lost. If you are unlikely to be able to work soon, we might also factor in lost future income.
We should also think about damage to your professional reputation. An accident on the job might lead others within the construction industry to question your abilities. You might find it harder to get work when you recover, and those responsible should be held accountable.
What is New York’s Scaffold Law?
In Brooklyn and many other places in New York City, scaffolding is so common that it is practically part of the city. At any given time, scaffolding is erected around buildings in Brooklyn, and passersby walk under the scaffolding every day.
With the ubiquitous presence of scaffolding across New York City, the state has established laws regarding safety, accidents, and liability surrounding construction accidents involving scaffolding.
According to L.A.B. Law § 240(1), any construction project on structures other than one or two-family dwellings must erect scaffolding for the safety of workers. Not only that, but all scaffolding suspended more than 20 feet from the ground or floor, except for scaffolding entirely inside a building covering the entire area and floor, must have safety rails. Finally, all scaffolding must be built to bear four times the maximum weight required when in use.
If you are injured because of a violation of the scaffolding law, your employer may be held liable if they were negligent and your case fits an exception under New York’s scaffolding laws that allow a lawsuit.
When to Begin a Construction Accident Case in Brooklyn
Starting any injury lawsuit takes time, and it is a good idea to talk to an attorney about your case as soon as possible. However, some people have a harder time filing their case, sometimes due to reasons they cannot control.
Generally, personal injury cases for construction accidents must be filed within 3 years of the accident, according to the statute of limitations under C.V.P. Law § 214. While 3 years might sound like more than enough time, we may spend much of this time preparing your case and gathering evidence.
If circumstances beyond your control prevent you from filing on time, our construction accident lawyers might be able to help you have the statute of limitations tolled, extending your time to file. However, tolling is not common, and you probably should not bank on any special exceptions to the statute of limitations.
Gathering Evidence to Support Your Construction Accident Case
A big reason why hiring a lawyer to help you as soon as possible is that we may need a lot of time to gather evidence. Evidence can be tricky and is not always readily available. We might have to investigate and wait until we obtain the necessary evidence to prove your case.
Construction sites are often watched by security cameras, and one of these cameras might have recorded your accident on video. We should try to get copies of the security camera footage quickly, as it might be easily erased or deleted.
Your accident likely occurred in front of coworkers or even people walking by the construction site. If we can identify these people, we may get them to testify as witnesses. Witnesses who have clear memories of how the accident happened and can shed light on what went wrong may be extremely important in the courtroom.
If your injuries are severe or present long-term complications, we may need a medical expert to review your medical records and explain your injuries in court. This may be necessary to prove how your injuries may continue to affect you in the future.
Options for Compensation for a Construction Accident in Brooklyn
When taking legal action, you might assume that your financial compensation will come from a jury verdict. While this is a possibility, it is not the only one.
Talk to your attorney about insurance. Your employer should have insurance, and it might be a good option for you, although it likely will not cover pain and suffering. You can get some compensation, but probably not enough to cover the full extent of your damages. A lawsuit may be necessary to get everything you need.
As mentioned, you may pursue compensation through a full civil trial in court. While trials are known for taking a long time and being very frustrating, a successful case may yield the financial compensation you need and deserve.
Many other cases end with settlements. These are private agreements between plaintiffs and defendants for a certain sum of compensation. The value of your settlement depends on the outcome of negotiations, but a good settlement might make a full trial unnecessary.
Do I Need a Lawyer for a Construction Accident Case?
It is not unusual for injured victims to hesitate when it comes to hiring an attorney, but doing so as soon as possible is likely in your best interest.
It would be unwise to try to handle your case alone. Whether you file an insurance claim or a lawsuit, or you try to negotiate a settlement, the legal processes may be far more complex than you realize. You need an attorney who has the skills and experience to help you get compensation that covers all your damages.
Your attorney should help you assess your damages, gather evidence, and develop legal strategies specifically for your case.
Can I Sue if I Caused the Construction Accident?
Other people might be trying to convince you that the construction accident was somehow your fault. While this might be somewhat true in some cases, it does not automatically preclude you from filing a lawsuit or taking other legal action.
According to comparative negligence laws under C.V.P. Law § 1411, if a plaintiff is found by the trier of fact (i.e., the jury or judge) to be partially responsible for their own damages, their damages may be reduced according to their portion of blame. If you are 10% responsible for the construction accident, your overall damages may be reduced by 10%.
You can even recover damages if you bear most of the fault. For example, a plaintiff who is 90% responsible for their accident may still sue for 10% of their damages.
How Long Do Construction Accident Cases Take in Brooklyn?
How much time it takes to complete your construction accident case is hard to say without a thorough review from an attorney. Even so, many injury cases take a long time to complete, and you should be prepared to wait a while before you get any compensation.
Preparing for a trial might take months or longer. Once the case is officially filed in court, it could take many more months or over a year before the case is complete and you have a judgment. While settlements can get plaintiffs compensation faster in some situations, they are not guaranteed, and negotiations might break down. In short, we will aim for a quick and efficient case, but we must also prepare for the long haul.
How Do I Get Compensation for a Construction Accident Without a Lawsuit?
Getting compensation without a lawsuit is the goal for many. While a trial is sometimes necessary, it can be time-consuming, and many would rather take whatever compensation they can get and move on.
Whether we can reach a settlement depends on whether you and the defendant are willing to cooperate and compromise. A settlement likely will not cover absolutely all your damages, but we should try to negotiate for a settlement that covers your immediate needs and costs. Ideally, you should not be left with unaffordable debts after accepting a settlement.
Negotiations may move faster if we have stronger evidence. When the defendant realizes they are unlikely to win in court, they may be more inclined to offer a better settlement. In short, a good settlement requires good evidence.
Call Our Brooklyn Construction Accident Attorneys for Help with Your Legal Claims
Get a private, free review of your case by calling our construction accident lawyers with The Carrion Law Firm at (718) 841-0083.
