The construction industry is inherently dangerous and puts workers at risk of suffering severe accidents and injuries. Our Bronx construction attorney is ready to help you get the quality legal assistance you need. We are aware of the many challenges associated with construction accidents, which is why we dedicate ourselves to working tirelessly for our clients’ rights.
Construction accidents can be very severe. Injured workers may be unable to return to work for some time or even indefinitely, making it very difficult to pay for medical treatment. While employees might be able to file for workers’ compensation, this program does not support independent contractors. Depending on your circumstances, you might have to sue to get the fair compensation you deserve.
Our Bronx construction accident lawyers are dedicated to representing injured victims in construction accidents in the Bronx. Our promise to you is aggressive, strategic, and effective legal representation to get the compensation you may be entitled to. Schedule your free, confidential case evaluation today. Call The Carrion Law Firm at (718) 841-0083.
What Are My Rights After a Construction Accident in the Bronx?
Employers often aim to steer construction accident victims into getting benefits under the state’s workers’ compensation system after they are injured on the job. However, this program can only provide a portion of what you may otherwise get through a civil lawsuit. Unfortunately, many construction workers are not covered by workers’ compensation if they are independent contractors that are ineligible to file. If a worker is eligible, most of the time, workers’ comp will not include some of their most significant losses: your mental anguish, pain, and suffering. You may still have a right to fight for complete compensation against those who caused you harm, and our attorneys can help.
Typically, you are barred from suing your employer in a personal injury case if you have workers’ compensation insurance. However, the law provides you with the means to file a personal injury claim against third parties who cause injuries. Moreover, your employer’s protection against a lawsuit falls if certain circumstances are met. Independent contractors, however, are not considered “employees” under the law, and New York law allows them to sue when certain circumstances are met.
As an injured victim in a construction accident, you might have a chance to sue the liable parties and fight for compensation to cover all of your losses. To achieve this goal, it is essential that you hire an attorney with ample experience handling this specific type of case. The Carrion Law Firm can provide you with the required legal assistance in your case.
Determining Liability for Construction Accidents and Injuries in the Bronx
As mentioned, you may have the right to file a personal injury claim after your construction accident in the Bronx. However, it is vital to identify the individuals and companies responsible for your injuries.
Most of the time, your right to file a personal injury claim stems from a third party’s negligence. For instance, parties such as contractors, material and equipment suppliers, and power tool manufacturers may be responsible for your accident (potentially alongside your boss). Drivers and even pedestrians passing by who crash or bump into workers or equipment could cause injuries. If any of these parties had any involvement in your accident and injuries, you may be able to include them in your lawsuit.
If you are an independent contractor, you can usually sue the person you might think of as your “boss.” Your client/boss is not protected from liability, and if they created an unsafe work environment that caused your accident and injuries, you might be able to sue them for negligence. However, many construction workers count as employees for purposes of lawsuits and workers’ compensation rules and cannot sue without special circumstances being present.
In many cases, the liable parties might deny responsibility or try to settle your case outside of court. In the vast majority of these cases, a settlement could short you on the compensation you deserve. It is essential to postpone accepting any settlement offers until after you talk to our Bronx construction accident attorney.
Bronx Construction Accidents Caused by Faulty or Defective Equipment
Products liability is sometimes heavily involved in a construction accident. Construction workers rely on various tools and pieces of equipment to get their jobs done. Some of this equipment is large, high-powered, and dangerous. For example, circular saws and nail guns are powerful pieces of construction equipment capable of causing serious injuries if they do not work properly.
Suppose your injuries happened because of defective or faulty equipment. In that case, you may be able to sue the manufacturer of the equipment, the retailer that sold it to you, or others in the chain of distribution.
Suing for faulty equipment requires proving there was something wrong with the construction equipment when it got to you. The defect could be a manufacturing problem, meaning the equipment arrived to you broken or faulty. The defect could also be a design flaw. This means that the equipment is actually not broken at all, but it was designed in an unreasonably or unnecessarily dangerous way.
Most construction equipment, like large circular saws or power sanders, are inherently dangerous even when they are not defective. To prove your case, you must demonstrate that you were using the equipment in the manner for which it was designed. Misusing equipment may increase its dangerousness, thereby shifting blame for the accident to you. Our Bronx construction accident attorneys can help you figure out what caused your accident and whom to sue – which could potentially include your boss and the manufacturer.
Proving a Bronx Construction Accident Personal Injury Claim
The court may be inclined to provide you with fair and just compensation. However, before you can get your award, the court will require you to prove a series of vital elements. Courts throughout New York expect all claimants in civil lawsuits to prove that the defendant owed them a legal duty that was breached, caused harm, and led to damages. If you cannot prove all of these elements, the court will not grant you compensation.
Moreover, you must support each element in your claim with adequate evidence. Gathering all necessary evidence and building a strategic, compelling, and persuasive case can be challenging. That is where a construction injury lawyer like those at The Carrion Law Firm can help.
It is also necessary to meet the requirements set forth under the statute of limitations to prove your case. This law establishes a fixed timeline in which you have to file your claim. Failing to file your lawsuit on time can lead to your case being dismissed. The court may refuse to hear any cases filed more than 3 years after the injury. The Carrion Law Firm can help you navigate your claim, fight for your compensation, and – very importantly – file your claim on time.
Should I Call OSHA After a Bronx Construction Accident?
The Occupational Safety and Health Administration (OSHA) is a federal organization in charge of promulgating safety rules for various occupational fields, including construction. The list of OSHA requirements for construction sites is very long, and the rules pertaining to your case might vary depending on the site you were working on and the type of work being performed.
If you suspect there has been a safety violation or if there has already been an accident, you can contact OSHA and file an anonymous report. Your employer or hiring client will not be notified that you made the report, and they are prohibited from retaliating in any way.
Once the report is made, OSHA may send an investigator to inspect your construction site for any possible violations. This may be crucial to your lawsuit because the OSHA report may be used as evidence of an unsafe work environment. Employers are usually given an opportunity to correct any violations or face the consequences. Construction site employers might be made to pay steep fines for each day they remain in violation or even stop work altogether until the problems are resolved.
Even if you do not file a report with OSHA after your accident, it is still worth checking with OSHA about your employer or hiring client. It is not unusual for employers who maintain unsafe construction sites to have a history of OSHA violations. Even past violations could be used to bolster your case and support your claims that your employer maintains unsafe construction sites. Speak with our Bronx construction accident attorneys about how OSHA might be involved in your case.
Damages After a Bronx Construction Accident
There are multiple forms of damages that plaintiffs tend to seek in personal injury lawsuits. After a construction accident, you may experience various losses. Some of these losses are economic or tangible losses. Medical bills, the value of damaged personal property, and lost wages from being unable to work are all considered economic damages. These damages require little estimation or calculations because they tend to come with a predetermined value or price.
Non-economic damages are losses or injuries experienced by a plaintiff that did not necessarily come at a financial cost but still imposed a burden on the plaintiff. Pain and suffering, both mental and physical, are commonly claimed non-economic damages in construction accidents where painful injuries are likely. Mental suffering often takes the form of depression, anxiety, PTSD, and other mental traumas. Your mental suffering need not be a diagnosable psychological condition to be compensated, although a visit to a mental health professional might help your case.
Punitive damages are possible but not always available. These damages do not compensate plaintiffs for their losses but instead punish defendants for their bad behavior. Talk to our Bronx construction site accident lawyers about what kinds of damages might be available in your case.
Negotiating a Settlement for a Bronx Construction Accident
Not every lawsuit ends in a dramatic legal battle topped off with a nail-biting delivery of a jury verdict. In fact, most cases never make it to trial. Instead, many civil lawsuits, including construction accidents, settle out of court more often than they are resolved in court. A settlement is like an agreement between the plaintiff and the defendant. The defendant agrees to pay the plaintiff for their damages, and the plaintiff agrees to drop the case.
In a settlement, the defendant tends to pay less than they would have paid had the case gone to trial and resolved in favor of the plaintiff. However, the plaintiff must take into consideration their likelihood of winning at trial and whether a long, expensive legal battle is worth the effort. Ultimately, a good settlement comes down to the negotiating skills of your attorneys.
You can present your evidence and arguments about your case to your opponent in settlement negotiations. The more evidence you have that makes them look bad shows they are responsible, the more likely they will agree to a higher settlement. You must also keep your damages in mind. Even if the defendant does not pay all your damages, you should negotiate to get out-of-pocket expenses covered, at least. For help negotiating a settlement, call our Bronx construction accident attorneys.
How Can a Bronx Construction Accident Lawyer Help Me?
As we mentioned, New York’s personal injury laws are broad and complex. Every personal injury case is different, which requires approaching each case individually. An experienced attorney understands how the law works and how to approach your case. Additionally, a Bronx construction accident lawyer can gather all necessary evidence, organize it, and present it to the court.
Your attorney can also reach out and speak with the liable parties. As mentioned, the liable parties may try to settle your case to avoid going to court. This may not necessarily work in your favor, so your attorney can sit with the other party, examine their settlement offer, and determine whether it serves the purpose of appropriately compensating you for your losses.
Finally, your Bronx construction accident lawyer can help you during your trial. Your attorney understands how the procedural and legal aspects of your case work. By hiring an experienced New York City construction accident lawyer, you can ensure you comply with all of the relevant rules to make sure your case can move forward. The Carrion Law Firm can assist you.
Bronx Construction Accident Lawyer Serving Injured Victims
We believe every construction accident victim deserves to be treated with respect. We fight hard for our clients’ rights every day in the Bronx. Our Bronx construction accident lawyers have the skills to stand up for you. Call Carrion Accident & Injury Attorneys today for your free, confidential case review. Call Our offices at (718) 841-0083.