Long Island Construction Accident Lawyer
Few things can be more devastating than a severe construction injury. This is the reality for many construction workers in Long Island. Building, commercial, and residential projects are among some of the most dangerous and hazardous places to work. Every year, thousands of construction workers report catastrophic injuries at construction sites in Long Island – and the rest of the country. It is easy to lose hope, especially when a construction accident prevents you from returning to work.
There are laws in place to protect injured workers. Through New York’s workers’ compensation laws, an injured construction worker could obtain much-needed monetary benefits to pay for medical expenses and reimburse lost wages. However, an injured worker could have grounds to file a personal injury lawsuit for certain injuries.
Our Long Island construction accident lawyers at The Carrion Law Firm can provide you with the legal assistance you need after your construction accident. We have an in-depth understanding of how the law works and are ready to sit with you in a free, confidential consultation to learn more about your situation. Call us today at (718) 841-0083.
Protecting Your Rights After a Construction Accident in Long Island
Anywhere you look in Long Island – and the rest of New York – there is construction taking place. Whether it is a renovation, road work, or new building development, construction is always happening. While this may be a good sign in terms of urban development and the city’s betterment, construction sites are often dangerous, putting workers at risk of suffering devastating injuries. As an injured worker, you may immediately think about your future and your loved ones’ future moving forward. Fortunately, the law provides assistance to injured construction workers.
New York workers’ compensation laws can provide financial assistance to injured workers. This employer-provided insurance can help cover things like your medical bills and other losses associated with your construction accident in Long Island. However, this insurance may not be the best way to get full compensation for your injuries. Workers’ compensation will not pay for non-economic losses, which are usually compensated through a personal injury claim.
However, you may be able to sue after your construction accident in Long Island under certain exceptions. Typically, a worker under this type of insurance may not be able to sue their employer directly for their losses. However, a few rules that allow injured workers to sue instead.
You might be able to file your personal injury claim if your injury was caused by falls, by falling objects, by dangerous scaffolding, or by certain construction regulation violations. An essential thing to remember is that a third party may have caused your accident. There have been many situations where a contractor or equipment manufacturer’s negligent actions have led to devastating accidents and injuries in construction sites. In those cases, you may be able to sue a third party as well as your employer. Our Long Island construction accident attorneys assist you by holding the liable parties accountable for your losses.
Construction Accident Injuries in Long Island Can Be Costly
No matter the situation surrounding your construction accident in Long Island, one fact is true: your injuries can be extremely costly. Often, construction workers have to confront the harsh reality of their job. When an unexpected accidental injury occurs at a construction site, the injured victim can suffer significant losses.
Medical treatment should always follow an accidental injury on a construction site. Safety is of the utmost importance after a construction accident. It is not uncommon to see injured workers rushed to the E.R. to give them emergency medical assistance. However, everything from your ambulance transport, trauma care, hospitalization, and surgical procedures can lead to a hefty, burdening medical bill. It is easy to feel overwhelmed and stressed, especially when all you want is to get back on your feet. If you got injured in a construction accident that required expensive medical care, our attorneys could help.
In many instances, an injured worker may not return to work for a while. This means that you will not be able to receive a steady paycheck while you are recovering from your severe injuries. Unfortunately, you can lose thousands of dollars while your injuries persist. This is another reason why a construction accident can be costly for injured workers. Make sure to hire an experienced Long Island construction accident lawyer who can let you know about your options and fight for fair compensation.
Third-Party Liability in a Construction Accident in Long Island
You may have the chance to file a third-party claim and get compensation beyond what you would otherwise get from your workers’ compensation insurance. However, you must understand how to proceed with this type of lawsuit, so you can maximize and get the compensation you deserve for your losses.
Third-party claims often involve a complex process requiring you to prove the liable party’s negligence. Our Long Island construction accident lawyer can help you meet this burden. One of the most significant aspects of your third-party claim is the evidence. You cannot get compensation from the court if you are unable to provide enough evidence supporting your claim.
The evidence in your case is essential as it allows you and your attorney to prove the liable parties owed you a legal duty that was breached, caused harm, and led to your damages. The Carrion Law Firm knows how critical the evidence in your case may be. We will work tirelessly to gather all required evidence and build a strong case. Let us help you throughout your third-party claim while maximizing your compensation.
Who Would You Sue if You Are Injured at a Construction Site in New York
As stated above, third-party claims are often complex and challenging. However, if another party’s negligence caused your injury, they should be held accountable. Employers can be sued for construction accidents in many cases involving scaffolding injuries or safety violations on the part of your employer.
Our New York construction accident lawyers will thoroughly investigate your accident to help determine what party or parties could be held accountable. Nonetheless, below are some examples of third parties our Long Island construction accident attorneys have filed claims against.
Construction sites rely on several contractors to complete a job. The construction company hires these individuals to complete specific tasks. For example, a contractor could be utilized to install the electrical systems or pour the foundation of a new office complex. If these individuals are not employees of your employer, you could be able to hold them liable if you were injured because of their negligence. For example, an electrician could have left live wires exposed, creating a dangerous situation.
The Site Owner
In some cases, the site owner could be held accountable for a construction-related injury under the legal theory of premises liability. Property owners have a responsibility to ensure that their property is free of known hazards. For example, if you are installing a new cooling system in an existing property, you could hold the property owner liable if you fall because of a broken or missing railing in a staircase. As with every accident case, we would have to gather evidence to prove the property owner was aware of or should have known about the danger.
Construction sites have a hierarchy of contractors and workers present. General contractors for a specific skill often hire subcontractors. You may be able to hold them responsible if their negligence or carelessness resulted in a harmful accident.
Engineers and Architects
There are times when the design or plans of a structure are flawed. When a design flaw or miscalculation is present in a building or other structure, accidents could happen.
Injuries occur when a defective piece of equipment or tool malfunctions. For example, you could have used a power tool that overheats because of an electrical defect. When a piece of equipment fails to work as intended and causes an injury, the manufacturer could be held liable for any injuries.
When to Use Workers’ Compensation and When to File a Personal Injury Lawsuit?
If you are injured while on the job, you are typically entitled to file a workers’ compensation claim. There are several advantages to filing a workers’ comp claim. In nearly every case, the financial benefits are available faster than if an injured worker filed a personal injury lawsuit. Furthermore, the burden of proof is easier to meet. A worker must show they were injured while engaged in a work-related activity. In a workers’ compensation claim, you are not required to prove that another party’s negligence caused the accident.
Then when do you file a personal injury lawsuit after a construction accident? The first thing you should do is speak with our Long Island construction accident lawyer. Whether or not you have grounds for a personal injury lawsuit will depend on how the injury occurred and who or what was to blame. In some cases, it is possible to file a workers’ compensation claim and pursue a personal injury lawsuit for damages above and beyond workers’ compensation coverage.
Scaffolding Law in Long Island and New York
Property owners, contractors, and tenants could be held liable for injuries caused by an object falling from a higher area of the construction site. New York has a specific Scaffold Law that provides a right to recover financial compensation to construction workers who were injured from an elevated hazard or risk. Under this law, the liability for workplace safety falls on the shoulders of the contractors, tenants, or property owners who hire the construction workers. Courts in New York have defined “fall-related accidents” broadly to include contact by falling objects or materials and any elevation changes.
Right to Recover Damages
In New York, construction workers are afforded a right to recovery where normally one would not exist. The law imposes absolute liability against contractors, tenants, and property owners for qualifying injuries. A defendant is assumed to be liable under the Scaffolding Law. The only thing to be determined at trial or through negotiation is the amount of damages that should be awarded. Because of the type of liability imposed, whether or not an injury is considered a “fall-related accident” is often strongly contested.
When the Scaffold Law Applies
More specifically, this law applies to commercial buildings, apartment buildings, and three or family homes. It does not apply to one or two family homes. Furthermore, the work must take place on the structure. While this usually means a building or another similar structure, it could also include water towers, rail cars, bridges, tunnels, or boats.
Additionally, New York’s Scaffold Law only applies to defined types of construction work.
- Brick Pointing
Also included under the law is the erection of hoists, ladders, scaffolding, blocks, braces, pulleys, ropes, and other similar devices.
There are also specific types of labor that are explicitly excluded from the statute. The law will not apply if the worker is changing a light bulb, hanging or changing pictures, hanging drapes, inspecting the work in progress, or is conducting routine maintenance. The law also does not cover cleaning by a designated cleaning service or salvage operations.
If you believe your injury falls under the Scaffold Law, contact our Long Island construction accident lawyers.
Our Long Island Construction Accident Attorneys Can Help You File Your Claim
If you are a construction worker hurt in a construction accident in Long Island, NY, we can help. Backed by years of experience, The Long Island construction accident lawyers at The Carrion Law Firm understand what it takes to navigate Long Island’s complex personal injury laws. The challenges and difficulties associated with a construction accident can throw your life off balance. However, this does not mean everything is lost. Our New York City construction accident lawyers can help you get back on your feet and get the award you need. Schedule a free, confidential consultation with our lawyers today and learn how we can help you fight for the compensation you deserve. Call our law offices today. Our phone number is (718) 841-0083.