Brooklyn is constantly growing and changing, and construction is an almost constant presence in the city. Old buildings must be renovated, and new buildings must go up. Unfortunately, this means that construction accidents and injuries are somewhat common. These accidents can be severe, and you should get help from a lawyer right away.
If you are hurt in a construction accident, contractors, subcontractors, property owners, and even the manufacturers of tools or equipment may be held responsible. Your damages may be worth a considerable sum, as many victims are so badly hurt that they have permanent complications. Your attorney can begin by gathering evidence and records about the case. Business records from the construction company, records pertaining to safety inspections, and your medical records may be important.
To receive a free, private case assessment, call our construction accident and injury lawyers with The Carrion Law Firm at (718) 841-0083.
Who is Responsible for Construction Accidents and Injuries?
Construction sites are often full of people doing all sorts of work. When an accident happens, numerous people might be implicated, and you should speak to an attorney about who should be held responsible.
Contractors and Subcontractors
Often, general contractors are in charge of most aspects of a construction site and may be held liable for accidents and injuries. If a general contractor hired you before you were injured, you may sue them for damages.
Subcontractors might also be held liable in certain cases. Subcontractors are usually hired by general contractors and oversee smaller, more specific aspects of the construction project. If a subcontractor hired you, they may be held responsible if the accident is directly related to their job.
Manufacturers of Faulty Tools or Equipment
Many construction accidents result from faulty equipment or power tools. The equipment might be damaged, defective, or so poorly designed that it is unsafe to use. If you were hurt by defective tools or equipment, you can sue the manufacturer.
Typically, our construction accident and injury lawyers must prove that the tool was defective when it was produced or somehow damaged before it arrived to you. You may not have a claim if the equipment was unsafe because of normal wear and tear.
Property Owners
Usually, property owners are not liable for construction accidents because they are not in charge of construction. Once contractors are hired, property owners normally step back from the project and are not responsible when things go wrong. However, when accidents happen because of dangerous property conditions, the owners might be held responsible.
One possibility is that construction workers are not informed about dangerous conditions by the property owners. For example, if you were hired as a roofer but not informed of a dangerously weak area of the roof, the property owner who hired you may be held liable for failing to inform you of the danger.
New York’s Scaffold Law
Scaffolding is a common feature of construction sites in Brooklyn, and the law has established specific regulations for accidents involving scaffolding.
According to L.A.B. Law § 240, contractors are required to erect scaffolding for the safety of workers and anyone else on a construction site. The law also includes safety specifications for scaffolding that is of a certain height.
If an accident is related to unsafe scaffolding, or if something struck you after falling from scaffolding, the contractor in charge of the site may be held liable.
Scaffolding is very common in New York City. It is hard to walk down a street without passing some scaffolding. As such, unsafe scaffolding plays a role in many construction accident cases.
What Your Damages Are Worth in a Construction Accident Case
Construction sites are known for being dangerous, and injuries are sometimes catastrophic. It is not unusual for claims to be worth a substantial amount of compensation.
Your economic damages should account for your financial losses from the accident. Medical expenses are often a large portion of these damages, especially when injuries are extreme. You might also claim the value of damaged property, like expensive power tools. And lost income if you cannot return to work.
Other damages may be more subjective and determined by your personal experiences rather than a predetermined price. For example, you might find that your professional reputation is damaged after an on-the-job accident. You can claim damages for your damaged reputation, pain, trauma, humiliation, and more.
How Construction Accidents and Injuries May Happen
How your accident occurred may inform us of who is responsible and where we can find evidence. Since accidents depend on the type of work being performed on a construction site, this factor tends to vary significantly from case to case.
Falling accidents are among the most common construction-related incidents. A worker might fall from a high ladder or scaffolding. They might be knocked off a roof or fall from an open window. It is normal for construction workers to be up high, and safety procedures must be in place to protect them.
Power tools and heavy machinery are often necessary on construction sites, but they can be extremely hazardous, even when used properly. When tools are faulty, unsuspecting workers may be badly injured. Negligent manufacturers of faulty equipment should be held accountable.
Electrical work can be extremely hazardous, and workers are sometimes severely shocked or burned. These injuries can be extremely painful or even fatal, and you should get immediate medical attention.
When You Should Contact an Attorney About a Construction Accident
Do not hesitate to contact a lawyer for help. The sooner you begin legal action, the more time you have to prepare, and the stronger your case may be.
Your case is restricted by the statute of limitations. According to C.V.P. Law § 214, you only have 3 years to file your case, and the clock starts counting down on the same day as the accident. While 3 years might seem like a long time, it is not. Your case may take many months to prepare, maybe longer, and you should talk to a lawyer soon.
Immediate action may be necessary, especially in cases where injuries are severe and damages are substantial. Your lawyer can protect your legal interests.
Records and Evidence Needed to Prove Your Construction Injury Claims
Building your case required proof, evidence, and information. Many of these details may come from records related to your accident.
Business records from the construction company or contractor who hired you may be extremely valuable. If the construction site was not properly maintained or safety protocols were not implemented, these records might reveal this. We should also review your work contract if you have one.
Construction sites should adhere to specific industry standards regarding safety. Our construction accident and injury lawyers should review records of safety inspections and the protocols implemented on your work site.
We also need details about your injuries, treatment, and medical costs. Your medical records may be necessary to establish this crucial information.
Filing Insurance Claims for Construction Accidents in Brooklyn
After bad accidents, many people pursue insurance claims to cover their costs, and construction accidents are no exception.
If you are a construction worker, your employer may have insurance that covers your damages. Your attorney can help you speak to your employer about a possible insurance claim and whether your accident is covered.
You might instead file a claim with your insurance. This is not unusual in cases of independent contractors who are injured on the job. They often carry their own insurance and might not be covered by an employer’s insurance.
If insurance is unavailable or insufficient, you can file a lawsuit to recover damages. Your attorney can advise you of all your legal options.
What if I and Partially Responsible for the Construction Accident?
It is not unusual for plaintiffs to share a bit of responsibility for an accident with the defendant. This also applies in construction accidents. While you might share some blame, you should still be able to file a case.
New York’s pure comparative negligence law under C.V.P. Law § 1411 states that a plaintiff who is partially responsible for their injuries may see their damages diminished according to their share of blame. Blame is assessed as a percentage, so if you are 10% responsible for the construction accident, your damages may be reduced by 10%.
If your actions leading up to the accident were somewhat negligent, the defendant might argue that you share blame for the overall incident. Consider how you were performing your job and whether safety protocols were followed.
Talk to your attorney about your actions before, during, and after the accident. If there is anything that might be misconstrued as negligence, your lawyer can help you.
How to Investigate a Construction Accident in Brooklyn
Construction accidents can be severe and are often related to serious safety code violations. As such, thorough investigations are necessary to determine what went wrong and who is responsible.
We can begin investigating by talking to your coworkers. Others who work on the construction site often know if anything was wrong before the accident occurred. If safety violations were an ongoing problem, another worker might be able to fill us in.
We should also check with the Occupational Safety and Health Administration (OSHA) for previous violations. In some cases, the conditions that caused the plaintiff’s accident were previously investigated by OSHA, so there might be reports we can use to get more information.
Business records from the construction company or general contractor may also be helpful. These records may reveal who was present on the construction site, whether safety protocols were in place, and whether unsafe conditions had been a recurring issue.
Do I Need a Trial for a Construction Injury Case?
You may have several legal options for getting financial compensation, and a trial is only one of them. If we file a lawsuit, we should be prepared for a trial. Preparing for a trial can be time-consuming and frustrating, but a favorable verdict may cover the full extent of your damages.
Not every case ends with a trial. In fact, many injury cases end with settlements with either an insurance company or the defendant. If you accept a settlement, you will not have to go to trial, and you may receive compensation more quickly.
Remember, once you accept a settlement and the court finalizes it, you cannot change your mind, barring exceptional circumstances. You also waive your right to a trial, and you can never file a case for this specific cause of action.
Many plaintiffs choose a full trial because they do not want to settle for compensation that is less than the value of their total damages. They may also want the justice and closure that comes with a jury verdict in a court of law.
What if Your Construction Accident Injuries Are Extreme?
Injuries in construction accidents are catastrophic in some cases. If your injuries leave you with long-term or permanent pain, medical complications, or disabilities, your damages should be much, much higher.
First, we should account for the tremendous medical expenses you have likely incurred. Severe injuries often require extensive treatment. You might need regular hospital visits for a long time, possibly forever. We can claim the costs you have already incurred and estimate the likely cost of your future care.
We should also consider how your injuries affect your ability to work. Construction workers rely on their bodies to do their jobs. If you are permanently injured, you may never be able to return to construction work, and we should claim extensive damages for lost income.
Finally, extreme injuries tend to alter one’s life permanently, and not for the better. Your lost quality of life, emotional distress, and trauma from the accident should be compensated fairly.
Ask Our Brooklyn Construction Injury Attorneys for Legal Support
To receive a free, private case assessment, call our construction accident and injury lawyers with The Carrion Law Firm at (718) 841-0083.
