What damages can our New York construction accident lawyer help you recover?
The consequences of a construction accident aren’t limited solely to the resulting injury. The injury can lead to severe emotional, physical, and financial consequences for the construction worker and their family. Estimating a construction accident’s impact on you and your loved ones is difficult. For this reason, filing a personal injury lawsuit against a negligent third party may be your best option to recover as many damages as possible. Your New York construction accident lawyer can help you recover damages for:
- Pain and suffering
- Loss of wages
- Reduction of future earning capacity
- Physical therapy
- Recovery expenses
- Therapy or counseling treatment
- Loss of consortium for loved ones left behind
What do we recommend you do if you’re injured on a construction job?
If you are injured on the job, see a doctor immediately. When seriously injured, you’ll be rushed to the emergency room. Even if your injury doesn’t seem serious, it is highly recommended you see a doctor. Some seemingly minor injuries can become severe enough to end your career if left untreated. Many construction sites will have their doctor to send you to; sometimes, they’re even on-site. They often don’t have the diagnostic tools to make a full assessment. They will take a statement from you while you are still in pain and before you know the severity of your injury. That statement is for the insurance company to use against you.
Similarly, some insurers will offer to send a nurse to your doctor appointments to “coordinate care.” That nurse’s incentive is to reduce the number of expensive treatments you’re approved for since the insurance company has to pay for them. Go to a doctor you know you can trust. If the nature of your injury is urgent, go to the emergency room immediately. The insurance company can wait to get a statement until you have a lawyer at your side.
What are some common causes of construction accidents?
Despite Occupational Safety and Health Administration (OSHA) requirements and inspections, three of the top ten most frequently cited safety violations in 2019 occurred on construction sites. Failure to comply with OSHA’s safety regulations often results in construction site accidents that otherwise were preventable. Some common causes of construction accidents include:
- Falls from elevators
- Falls from ladders
- Scaffolding accidents
- Getting struck by falling objects or debris
- Inadequate training
- Improper use of tools
- Demolition accidents
- Electrical accidents
- Slip and falls
- Collapsed structures
- Crane accidents
- Equipment malfunctions
- Exposure to toxic substances
- Fires
- Forklifts
- Elevators accidents
- Chemical exposure
- Compressed gases
- Cement and concrete burns
- Welding accidents
- Window washing
When safety regulations are ignored, the risk of one of these accidents increases dramatically.
Can I Receive Financial Compensation after a construction accident?
The laws around construction worker injuries are complicated, but they favor the worker. When you’re injured on the job, New York gives you two different ways to get the compensation you need to pay for medical bills and lost wages: filing for workers’ compensation or filing a personal injury lawsuit. For many construction workers, this is the only way to provide for their families after an accident. If you are a construction worker injured, contact us today.
What is the difference between Workers’ Compensation and Personal Injury Lawsuits?
You do not have to sue your employer to receive financial compensation. In fact, under New York law, you can’t sue your employer. Instead, you have two legal options: a workers’ compensation claim or a lawsuit against a negligent third party. In most cases, the most brilliant move is to pursue both. Receiving workers’ comp doesn’t disqualify you from pursuing a lawsuit.
How do I file for workers’ compensation after a construction accident?
Workers’ comp is a form of insurance that your employer must carry. It protects both you and your employer. Here’s what you need to know about workers’ comp:
- You can receive compensation for your medical costs and some of your lost wages.
- You don’t have to prove your employer did anything “wrong.” Workers’ comp pays out whether there was a safety violation or not.
- Employers will not generally challenge a workers’ compensation claim.
- Workers’ compensation does not endanger your job. It protects your employer from liability.
- All injured workers are eligible for workers’ comp.
Our first move in your case is to ensure you have filed a workers’ compensation claim. This helps protect you whether you have grounds for a lawsuit or not.
How do I file a lawsuit for a Construction Accident Injury?
Construction accidents generally don’t happen unless a safety rule is broken. It can be anything from not being given a stable, safe ladder to being issued scaffold harnesses that have frayed ropes. It can also mean pushing employees to work too fast or under strenuous, unsafe conditions. When a work accident involves a violation like this, your injuries directly result from someone else’s negligence. This is when a lawsuit is appropriate. Pursuing a lawsuit is important for these three reasons:
- Workers’ compensation does not pay for pain and suffering. This form of compensation can only be obtained from a personal injury lawsuit.
- Workers’ comp rarely pays out 100% of your costs, especially missed wages. A lawsuit allows you to get the full amount you need.
- The construction industry is New York’s most dangerous industry. If construction companies aren’t held liable for injuries, they will not improve safety conditions for future workers.
A lawsuit like this is never aimed at your employer but rather at a third party that contributed to the events leading up to the accident.
Who can be held liable for a construction accident?
While employers are exempt from personal injury lawsuits for construction accident injuries, it’s still possible to file a lawsuit against a third party under New York Labor Law Section 200. These can include:
- Construction site owners
- General contractors
- Sub-contractors
- Prime contractors
- Equipment manufacturers, retailers, or wholesalers
- Architects
Statute of Limitations for Construction Accidents
Once you’re injured on the job, the clock is ticking. You have a tight deadline to file your case. These deadlines are variable and can be very confusing:
- If you work for a municipal entity, you may have as little as 90 days to file a notice of claim.
- If you work for a private entity, you have up to three years to file a lawsuit but should give notice much sooner.
- Workers’ comp must be filed within two years, but notice should be given much sooner.
If you wait to file a notice of a lawsuit, even within the three-year deadline, you may not get any money. The insurance company will attempt to “disclaim” it because of the time that has passed. For this reason, you must contact a construction accident lawyer as soon as possible to give you the best chance of recovering your rightful compensation.
Contact a Leading New York Construction Accident Lawyer Today
The bottom line is that you must look out for yourself and your family when injured on a construction job. The Weinstein Group, PLLC has represented injured workers for 30 years from all industries, including:
- Ironworkers
- Carpenters
- Mason tenders
- Tin knockers
- Steamfitters
- Sandhogs
- Laborers
- Shop stewards
The Weinstein Group, PLLC prides itself on the respectful and open communication we maintain with our clients. When you hire us as your New York construction accident lawyer, you’ll gain legal representation prioritizing you and your family. Our lawyers aren’t afraid to take aggressive legal action against negligent parties. Take a look at what makes us different to get a sense of how we operate. When you call The Weinstein Law Group, PLLC, you don’t pay a dime unless we win. It doesn’t matter how long we worked on your case. We don’t charge you a single cent if you don’t receive financial compensation. Don’t pass up the money that you deserve. Call The Weinstein Law Group, PLLC today, and we’ll give you a 100% free case consultation. We’ll answer your questions and suggest the next step for you to take, whether you hire us or not.
- Call us at 212-741-3800, fill out our online case form, and schedule your free consultation today.
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Steven M. Weinstein