New York City (NYC) Construction Injury Lawyer
Accidents on construction sites can affect many different types of workers, from masons and carpenters to electricians and welders. Anyone working on a construction site is at risk, and employers and construction companies have a duty to try to make the environment safe.
When accidents happen and construction workers are injured, our NYC construction accident lawyers step in and fight to get them the help they deserve. Our attorneys may be able to take your case and represent you in your injury claim, working to get you the compensation you need from your employer and other at-fault parties.
Call The Carrion Law Firm for help after your construction accident. For help, call our attorneys today at (718) 841-0083 to set up a free case review.
Common Construction Accidents in New York City (NYC)
There are many ways that someone can be injured on a construction site. Generally speaking, there are plenty of safety precautions used on construction sites, such as hard hats and steel-toed boots. However, many of the following types of accidents are unfortunately common at construction sites:
Falling off a ladder or scaffolding could lead to serious injuries. Even if the distance you fell was not too far, falling into dangerous materials or tools could be catastrophic.
This could also potentially include injuries from slip and falls caused by wet or icy work conditions or spilled materials and chemicals. Proper drainage is important on a construction site to prevent such issues.
If an electrician or other worker fails to notify construction workers that the power was turned back on, they could be seriously injured. Talk to our New York City construction accident lawyers about whether you can sue an electrician or the construction firm you worked for for accidents like this.
From backhoes and bulldozers to dump trucks and pickups, there are many vehicles on a construction site. Drivers and passengers as well as workers on foot on the site could be injured by a dangerous driver or the dangerous cargo they could be transporting.
Vehicle accidents are especially common for roadside work crews. These accidents could be primarily caused by the driver that crashed into your crew, but an employer who failed to put up protective barriers could also share responsibility.
Defective Tools and Machinery
If any of those backhoes or bulldozers – or even something like a miter saw or nail gun – were to malfunction, serious injuries could result. These injuries could involve the user as well as other workers in their vicinity.
Lifting and Carrying Injuries
Preexisting back issues could be made worse during an acute back injury while lifting or carrying. It is important to always lift with proper technique and for construction sites to always have enough workers to make lifting and carrying building materials and other items a safe operation.
Getting Compensation for Construction Accident Injuries in NYC
The aftermath of a construction accident is often difficult to navigate. In some cases, the law might prevent you from suing your employer because of workers’ compensation laws. However, there are exceptions to these rules that allow injured workers to file lawsuits under certain circumstances. Our NYC construction accident lawyers can offer you the help you need and work to get your injuries compensated.
In most cases where someone is injured at a job in New York, workers’ compensation is supposed to be the main way they get coverage. However, workers’ compensation does not always cover injuries at their full value. You may be entitled to additional damages if your attorney can find an excuse to file a lawsuit instead.
Most construction workers and contractors are entitled to workers’ compensation coverage that can help them get medical bills and lost wages covered regardless of who was at fault. But you may be able to sue for injuries instead, potentially opening up additional damages, if any of the following exceptions apply:
- Your injury involved scaffolding
- Your injury involved falling from heights
- Your injury involved something being dropped on you
- Your injury was caused by a third party
- Your injury involved other specific safety violations
In any of these situations, you could be entitled to take the at-fault parties to court – whether that is your employer or someone else – and sue them for damages.
Proving Fault in a Construction Accident Injury Case
To get compensation for an accident on a construction site, you need to prove that someone caused the accident either intentionally or through negligence. Intentionally rigged accidents are rare, but victims of workplace violence commonly sue employers and co-workers for assault and battery at work on a construction site. Otherwise, when injuries happen by accident, you can sue on the grounds that the at-fault party was “negligent.”
Negligence is a legal principle made up of four main elements: a legal duty, a breach of duty, causation, and damages. Employers owe their workers a duty to provide a safe work environment, proper safety gear, proper safety training, and other reasonable safety precautions to avoid injury. Whenever anyone breaches the legal duty that they owe someone, they can be held liable for the resulting injuries. The causation element requires you to prove that the injuries would not have occurred but for the defendant’s breach of duty. Lastly, you have to prove what damages and injuries resulted from the accident by producing medical records and other evidence.
Common types of construction accidents satisfy these elements and can typically become the basis for a construction accident lawsuit:
- Employers can be held liable for injuries that result from a lack of safety training.
- Safety equipment manufacturers can be held liable for injuries from defective gear.
- Power tool manufacturers can be held liable for dangerous equipment malfunctions that injure workers.
- Responsible parties can be held liable for injuries from dropping tools off high places.
- Drivers alongside roadworks projects can be held liable for hitting construction workers with their car.
- Property owners can be held responsible for failing to warn construction workers and contractors about dangerous conditions on their job site.
These and many other accidents can form the basis of a construction injury case, and our NYC construction accident attorneys can help collect the evidence necessary to prove your injury case in court.
What Kinds of Injuries Can Occur on New York City (NYC) Construction Sites?
Construction sites contain many hazards and dangerous conditions that could harm workers who are careless. In some cases, even the most prudent and safety-conscious worker could suffer an injury. While construction workers suffer a wide variety of injuries, there are some common ones our New York construction accident lawyers see.
Construction workers are likely to suffer cuts and bruises throughout the course of a day. They work with tools and materials that could easily cause an injury. While many cuts are minor inconveniences, some are deep lacerations that could result in muscle damage or infection.
Burns are common on construction sites. Workers are burned in explosions, burst pipes spraying hot water or steam, hazardous chemicals, and exposed electrical wires.
Even with hard hats and other safety equipment, construction workers often sustain traumatic head injuries. These types of injures could result from falling objects and heavy equipment.
Construction sites are filled with large equipment and building material. A misstep or miscalculation could find an unexpected worker crushed between two heavy objects.
The type of injury will often influence what actions you should take afterward. For example, after investigating an accident, our NYC construction accident lawyers might determine that multiple parties could be held responsible.
Who is Liable for Injuries or Wrongful Death on a New York City (NYC) Construction Site?
The circumstances surrounding your injury will help determine who should be held accountable. In many cases, an injured construction worker’s only remedy will be a workers’ compensation claim. However, there are situations where a negligent parties could be held liable in court.
The owner of the property could be held liable under certain circumstances – especially if there were known and addressed hazards on the property.
Under workers’ comp law, you are prohibited from bringing a lawsuit against your employer without meeting certain conditions. If your injury involved a fall or scaffolding, among other types of accidents, a lawsuit against your boss could be available.
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.
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.
No matter how your injury occurred, our NYC construction accident lawyers will have to gather evidence to prove another party was negligent.
How Do I Prove Negligence in a New York City (NYC) Construction Accident?
To prove negligence in a construction site accident, our NYC personal injury lawyers will have to demonstrate four elements: duty, breach, causation, and harm. The evidence required to prove liability will depend on how the accident and injury occurred. For example, if your injury was the result of faulty equipment, our office will look to gather maintenance records, training protocols, and even the original schematic from the manufacturer. When an accident occurs because of unsafe conditions at the construction site, our office will question site inspectors, other workers, and the property owner.
In every case, medical evidence and documentation are crucial in building a personal injury case, especially if you suffered a devastating construction accident injury.
Should I File for Workers’ Compensation After a Construction Accident in New York City (NYC)?
Workers’ Compensation claims are supposed to be the primary way for victims of work injuries to get compensation. However, the damages paid through Workers’ Compensation claims are often insufficient to cover all of an injured construction workers’ injuries and needs.
Our New York City construction accident lawyers will seek to get you full compensation after your injuries. This means getting coverage for medical bills and lost wages as well as pain and suffering, mental anguish, and other damages. Workers’ Compensation only pays damages for medical bills and lost wages, and these payments also have limitations. For this reason, a Workers’ Compensation claim might not be the best route to compensation.
The law in New York blocks lawsuits against employers in many situations, but lawsuits against third parties are often available. This means you could be entitled to sue a negligent equipment manufacturer, a driver who crashes into your roadside crew, or any other party that is not your employer.
You are also able to sue an employer under certain circumstances. The law in New York creates exceptions to the ban on employee lawsuits for certain kinds of safety violations. The most common – and perhaps the most applicable for construction workers – is the Scaffold Law. This law allows lawsuits against an employer for their negligence in causing “gravity-based” injuries, such as falls from scaffolding or injuries from tools/materials dropped off of scaffolding.
When you file a lawsuit, you could be entitled to medical bills as well as lost wages (which are paid at only a percentage of your weekly wages through Workers’ Compensation) and pain and suffering (which is blocked through Workers’ Compensation). Talk to our New York City construction accident lawyers to learn more.
What Kinds of Compensation Are Available For Victims of New York City (NYC) Construction Accidents?
“Damages” is the term used to describe financial and physical harm you have suffered due to a construction accident injury. Damages typically come in two categories: economic and non-economic. Punitive damages could also be available.
Economic damages are your monetary losses attributable to the injury. Medical expenses make a significant portion of your economic damages, including emergency treatment, surgery, hospital bills, medication, physical therapy, and medical care you might require. Additionally, you may be able to recover lost wages or other out-of-pocket expenses related to your injuries, such as parking fees or childcare costs.
Non-economic damages are more difficult to understand. Most people are familiar with the phrase “pain and suffering.” Pain and suffering damages include various subjective harm such as emotional distress, physical pain, mental anguish, and anxiety. Our NYC personal injury lawyers will calculate your non-economic damages based on the severity and impact of your injury.
Punitive damages are sometimes awarded to punish the person who caused the accident instead of compensating the victim for harm. Because of this, punitive damages are typically only awarded in cases of severe issues of negligence. Under NY law, our New York City construction accident attorneys can help our clients claim punitive damages against seriously dangerous construction firms, product manufacturers, and others with a history of malfeasance or where the specific accident at hand was caused by a serious lack of morals. These damages are rare, so discuss with your attorneys whether or not they are available in your case.
How Long Do I Have to File a Construction Accident Claim in New York City (NYC)
If you have been injured in a construction accident in New York City, there are four deadlines that you need to know if you want to receive any compensation.
For a worker’s compensation claim, you must notify your employer within 30 days of the accident. Our NYC workers’ comp lawyers advise informing your employer immediately. Any delay could hurt your chances of obtaining the financial help you deserve.
If you have notified your employer within 30 days, you have two years to file a claim under your company’s workers’ compensation insurance.
In situations where you can sue for your injuries, you have three years from the date of your injury to file a personal injury lawsuit. Again, our office recommends contacting an experienced lawyer soon than later. If you wait two years to contact our office, valuable evidence will likely be lost.
Surviving family members may have the right to file a wrongful death claim if their loved one was killed in a construction accident. However, this type of legal action must be filed within two years of the death.
Can I File a Personal Injury Lawsuit on Behalf of a Loved One Who Died at a construction site?
A wrongful death claim is filed on behalf of the deceased. In New York, family members are not permitted to bring a wrongful death claim unless they are a representative of the dead person’s estate. Therefore, only estate representatives are allowed to file a wrongful death claim. The representative does not have to be a family member; it could be an attorney or other individual. Nonetheless, the estate could pursue damages for the surviving family members, such as financial losses suffered by the family. If you have questions regarding a wrongful death claim, contact our NYC wrongful death lawyers.
When to Contact a Lawyer for Construction Injuries in NYC
If you were hurt in an accident on a construction site, you should call a lawyer as soon as you can. Injury cases can take a long time. Evidence will need to be collected, cases will need to be filed in court, papers will need to be served on the defendants, discovery will need to be arranged, negotiations will take place, and a trial may need to happen. This process is best started as soon as you can start it – and your lawyer can help you move forward while you focus on healing. Moreover, our lawyers can help make sure you meet any filing deadlines, and we can coordinate your care, keep records, and take other steps to keep your case on good footing. Call us as early in the process as you are able to.
How Can a New York City (NYC) Construction Accident Lawyer Help My Case?
Our New York City construction accident attorneys help injury victims by handling their entire case for them. We can advise you from day one about whether a Workers’ Compensation claim or a lawsuit is right for you. We can help advise you on what evidence and records you will need to pursue your case. We can even take all of that evidence to court and argue for damages there if the case ends up needing to go to trial.
When you try to handle a construction accident case on your own through Workers’ Compensation, you may be limited in the damages you can claim. You may also feel intimidated to accept what you are given. Our lawyers can fight back and work to maximize your damages through a lawsuit if possible.
Our attorneys can also advise you on what your case is worth. Rather than relying on your employer or their insurance company to tell you what your claim is worth, our lawyers can do our own calculations. We can also hire financial experts for help projecting and calculating future lost wages and lost earning capacity. We can also speak with medical experts about your injuries and future limitations on work and how these will factor into the damages you could be entitled to.
Never pursue your injury case without speaking with a New York City construction accident lawyer first. If you do accept any settlements, it might block your ability to claim additional damages, meaning that you could miss out on compensation you need.
NYC Construction Accident Attorneys Offering Free Legal Consultations
Call The Carrion Law Firm and our NYC construction accident lawyers for help with your injury case. We represent injured construction workers and their families, and our attorneys fight for financial compensation to help you cover medical costs, expenses at home, and other needs. We also fight for compensation for pain and suffering and other harms. For a free case consultation, call us at (718) 841-0083.