Rochester Construction Accident and Injury Lawyer
Construction workers are at a high risk of suffering workplace injuries. There are countless types of injuries caused by construction accidents. There injuries can produce physical pain, emotional suffering, and financial stress for victims.
Injured workers may recover compensation through construction accident lawsuits. There are multiple categories of damages available to plaintiffs. However, the process of recovering compensation can be complicated.
If you were injured because of a construction accident in Rochester, get help recovering the financial compensation available to you. Contact our experienced Rochester construction accident and injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
When to File a Construction Accident Lawsuit in Rochester
In many cases, injured workers must pursue benefits through Workers’ Compensation insurance after workplace injuries. However, under certain circumstances, lawsuits may be filed against at-fault parties. Victims in the following situations should contact our Rochester construction accident and injury lawyers for help building their cases:
After Being Injured by a Defective Product
Victims should file a construction accident lawsuit after being injured by a defective product. Construction workers are often asked to operate heavy machinery or use powerful tools. When these products are defectively designed or poorly manufactured, sever injuries can occur. For example, a malfunctioning crane may cause injuries by inadvertently dropping a heavy object on unsuspecting workers. Negligent sellers and manufacturers can be held accountable for accidents caused by their defective products.
After Being Injured by a Third Party
Furthermore, victims injured by third-party negligence on construction sites should file construction accident lawsuits. There are many types of injuries that can be caused by third-party negligence. For example, improper work by an electrician on a construction site can cause another contractor to suffer an electrocution. Injured workers can contact our experienced Rochester construction accident and injury lawyers for help proving another party was at fault.
After Being Injured Because of Safety Violations
Injured workers should also file construction accident lawsuits after being injured because of a safety violation. For example, under L.A.B. Law § 240, contractors and construction company owners must provide safety devices such as scaffolding, pulleys, or ladders to workers to protect them from falling or being struck by falling objects. Workers who were injured because a construction company did not provide adequate scaffolding may pursue damages through construction accident lawsuits. Our Rochester construction accident and injury lawyers can help determine if an injury occurred because of a safety violation.
After Suffering a “Grave” Injury
Most workers injured because of their employers’ negligent actions will have to seek benefits through workers compensation insurance. However, under W.K.C. Law § 11, workers that suffered grave injuries may recover compensation from their employers in construction accident lawsuits. The following injuries are considered grave under New York law:
- Serious facial disfigurement
- Loss of arm, hand, or finger
- Loss of leg, foot, or toe
- Paraplegia
- Quadriplegia
- Traumatic brain injury caused by a physical impact
- Permanent blindness
- Permanent deafness
- Death
If you suffered any of the aforementioned injuries because of your employer’s negligent conduct, you may be entitled to damages in a construction accident lawsuit.
Types of Damages Available in Construction Accident Lawsuits in Rochester
Plaintiffs in construction accident lawsuits will have the opportunity to recover both economic and noneconomic damages. The damages awarded in your case will depend on the type and extent of injuries suffered. Our experienced Rochester construction accident and injury lawyers can help determine which of the following damages may be available to you:
Lost Wages
Most victims of construction accidents will be unable to work for a period of time while recovering from their injuries. Therefore, plaintiffs in construction accident lawsuits can recover compensation for lost wages incurred while they were away. Lost wages are typically determined using a victim’s average weekly income.
In more severe cases, injured workers will be unable to perform the same work they did before their accidents. These victims may recover monetary damages for their lost future earning capacity. However, these damages can be difficult to prove. Expert witness statements are typically necessary to establish a lost future earning capacity. Our attorneys can help call the right experts to support a claim for such damages in your case.
Medical Expenses
Construction accidents can cause severe, debilitating injuries. Many victims of construction accidents must undergo costly medical treatment. Fortunately, plaintiffs in construction accident lawsuits may recover financial compensation for any medical expenses related to their injuries.
Damages for medical expenses are established through medical bills and records. Accordingly, you should seek prompt medical care after your accident. Our Rochester construction accident and injury lawyers can help refer the right doctors for you.
Out-of-Pocket Expenses
Furthermore, plaintiffs in construction accident lawsuits may recover compensation for out-of-pocket expenses stemming from their injuries. There are numerous types of out-of-pocket expenses that may be incurred by construction accident victims. An example of an out-of-pocket expense would be the cost of staying at a hotel for an out-of-town medical appointment. Injured workers should keep the receipts for any expenses related to their injuries. These receipts can be helpful to plaintiffs when seeking out-of-pocket expenses at trial.
Property Damage
Plaintiffs in construction accident lawsuits may also recover compensation for any property damage caused by their accidents. For instance, a worker’s personal tools may be damaged during a slip and fall accident caused by third-party negligence. In such cases, victims may be compensation for the cost of repair or replacement of their damaged property.
Pain and Suffering
Additionally, plaintiffs in construction accident lawsuits may recover noneconomic damages for the physical pain and emotional suffering caused by their accidents. These damages are unavailable to Workers’ Compensation claimants.
Noneconomic damages can be hard to quantify. There are numerous factors used to calculate damages for pain and suffering including the severity of injuries incurred and the amount of recovery time required. The assistance of our experienced Rochester construction accident and injury lawyers can be very helpful when seeking these damages in your case.
Punitive Damages
Lastly, in rare cases, punitive damages may be awarded. Punitive damages are not meant to compensate a plaintiff for their losses, but to punish an especially reckless or malicious defendant. Furthermore, such damages serve to discourage similar behavior in the future.
Punitive damages are also unavailable in Workers’ Compensation claims. If you were injured because of a construction accident, you can contact our attorneys for help determining if you may recover punitive damages in an injury lawsuit.
If You Were Injured Because of a Construction Accident in Rochester, Our Lawyers Can Help
If you were injured because of a construction accident, seek assistance from our experienced Rochester construction accident and injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.