Jamaica, Queens Construction Accident and Injury Lawyer
Anyone who spends enough time on or around construction sites knows that there are a number of different risks to your health. These risks are elevated when those responsible for your safety do not take the proper precautions in their work.
Slip and falls, falling objects, defective machinery, and toxic exposure are just a few of the hazards involved in construction site work throughout Jamaica, Queens. Depending on how you sustained your injury, you may be able to obtain monetary remedy through Workers’ Compensation insurance or a personal injury lawsuit.
To learn more about the options at your disposal for the recovery that you deserve, call (718) 841-0083 to speak with our Jamaica construction accident and injury attorneys. The Carrion Law Firm offers free first-time case evaluations.
Causes of Construction Accidents in Jamaica, Queens
Construction sites are full of potential hazards. These hazards are dealt with by implementing safety protocols, maintaining the area as carefully as possible, and ensuring that all equipment and machinery is functional and free of defects. Unfortunately, when these measures are not taken, the door is open for harmful situations to arise, such as those listed below.
Slip and Falls
Construction sites naturally feature lots of unstable walking surfaces, particularly in situations where weather or other factors cause slippery conditions. Site management is responsible for maintaining the premises as best as possible to prevent unnecessary danger and should provide warning to employees and contractors of any areas that are particularly hazardous.
Many construction sites feature work being done on several levels at once. If there is work being done at elevation, it is important to make sure that equipment and materials are secured to avoid them falling onto unsuspecting workers and passersby below. Even small objects have the potential to cause serious injury when falling from great heights.
Defective Machinery and Equipment
Construction sites and workers rely on their tools and equipment functioning as intended. If it doesn’t, serious issues could arise. Depending on how the product was purchased or leased, any number of entities could be responsible for ensuring that the product works as intended and does not contain any material defects. When thinking about product liability on a construction site, many might think of heavy machinery malfunctions, but it is also important that safety equipment works as intended as well.
In the course of construction, particularly projects involving older buildings, it is possible that workers could find themselves exposed to dangerous chemicals and other substances. Construction site operators and property owners are responsible for identifying potential exposure risks, but if they fail in this effort and the workers do not have the proper protective gear, this exposure could cause the worker to contract any number of serious illnesses. In these cases, the earlier you can identify potential exposure, the better, both in terms of your physical well-being and your prospects for monetary recovery.
Can I Receive Compensation for Construction Accident Injuries in Jamaica, Queens?
The circumstances surrounding your injury will help determine who should be held accountable. In most cases, an injured construction worker’s sole opportunity to recover compensation will be through Workers’ Compensation claim. New York law makes Workers’ Compensation insurance the exclusive remedy for employees who suffer injuries through no fault accidents or as a result of employer negligence.
Under New York’s exclusive remedy law, workers are generally prohibited from bringing a lawsuit against their employer for negligence. However, there are situations where an injured worker on a construction site could file a lawsuit to recover compensation instead of relying on Workers’ Compensation. This may be a more lucrative path, as damages in a lawsuit are based on all types of harms caused by the injury and are not bound by any insurance policy limits.
For example, the owner of the property could be held liable for injuries that occur on their property where their negligence contributed to causing the injury. This is particularly relevant where there were known hazards on the property.
Another exception is New York’s “Scaffold Law,” which creates liability for property owners or general contractors who do not use established safety practices in the construction, installation, and maintenance of scaffolding. In some cases, the architect or engineer of the project could be held accountable for an injury if they failed to adhere to industry standards. Similar exceptions allowing lawsuits are available other regulations as well.
Construction workers rely on their equipment to do the job. If their equipment or tools are defective, terrible injuries could occur. In this instance, the manufacturer of the equipment could be held responsible.
How Long Does a Construction Accident Injury Claim Take in Jamaica, Queens?
Every construction injury case is different, so it is difficult to say how much time any particular case could take without considering the specifics. There is certainly a difference in the length of time expected to process an insurance claim and a lawsuit.
Lawsuits may take weeks or months to resolve without settlement. A settlement can avoid the process of going to court and get you compensation sooner, but you should never accept any deal to settle your lawsuit without discussing the terms with an experienced Jamaica construction accident and injury attorney.
Insurance claims typically will require the claimant to submit filings for review and as well as participate in a special medical evaluation, a process that may up to two months. You can obtain back pay for the time it takes to process your claim once it is approved. If you have submitted a Workers’ Compensation claim and have not heard back from the insurance provider for a substantial period of time, contact a dedicated Jamaica construction accident and injury lawyer as soon as possible.
Contact our Jamaica, Queens Construction Accident and Injury Lawyer Today
When you reach out to the experienced Jamaica construction accident and injury attorneys at The Carrion Law Firm today, you get your first case evaluation free of charge. Call (718) 841-0083 to find out more.