If you have been injured in a scaffold fall, a ladder fall, a chemical leak, explosion, or any other construction accident in New York, you may be able to pursue a personal injury claim against the general contractor, site owner, or another third party, in addition to any workers’ compensation benefits you may be receiving. At Dansker & Aspromonte Associates, we will do everything we can to help you obtain fair compensation for your construction site injury.
Your Legal Options After a New York Construction Accident
Depending on the details of your case, you may be eligible to seek financial recovery through a workers’ compensation claim and/or a third-party liability claim.
If you are seeking benefits through the workers’ compensation system, you can pursue wage replacement benefits and recovery for your medical expenses. For those who also qualify to pursue a third-party claim, you can typically seek additional forms of compensation, such as pain and suffering.
We can help you understand which of these legal options is available in your case.
Filing a Third-Party Claim or Lawsuit After a Construction Accident
In many cases, it will not be possible to bring a lawsuit against your employer if you were injured on the job – although there are exceptions. However, you could file a third-party claim or lawsuit if some other party was responsible for your injuries on a construction site.
Potentially liable parties may include:
- Subcontractors
- Parts or equipment manufacturers
- Vehicle drivers
- Other workers
- The general contractor
- The owner of the property
Determining who was responsible for your accident can be complicated. You can leave that determination to us – and we can work to hold the liable party accountable.
Damages You Can Recover in a New York Construction Accident
One of your first questions may be about how much your case is worth. While every case is different, keep in mind that you may be able to recover the following forms of damages in a third-party claim:
- Pain and suffering: If your injuries substantially affected your life, both physically and emotionally
- Medical bills: If you had to receive testing and treatments to heal from your injuries, including emergency care, surgery, physical therapy, hospitalizations, and more
- Lost wages: If your injuries affected your ability to go back to work after the accident
- Future lost income: If your injuries will go on to reduce your earnings in the future
- Wrongful death damages: If you are seeking compensation after a loved one’s passing
In general, the more severe your injuries were and the higher the cost of your medical care, the more we could seek through a third-party claim or lawsuit. However, don’t think that your injuries have to be catastrophic in order to seek compensation. We can determine the merits of your case through a free consultation.
Why You Should Hire a Lawyer for Your Construction Accident Claim
You may not yet be sure if it makes sense to work with a lawyer on your case. Working with someone from our team can benefit any construction accident case. However, you may especially value our help if:
- You are unsure who is liable for your injuries
- You have a particularly complicated case
- You don’t want to deal with unfair insurance tactics on your own
Keep in mind that if you choose to work with us, we will handle the following legal details so that you don’t have to:
Gather Compelling Evidence and Determine What Your Case is Worth
We will work hard to gather evidence to prove liability and your losses. We can gather witness testimony, compile your medical records, take statements from your doctors and other experts – and prove the value of your case.
Negotiate With Insurance Companies
You won’t have to pick up phone calls, return emails, or otherwise deal with the back and forth of an insurance claims process. We will handle all aspects of settlement negotiations on your behalf and keep you in the loop with any updates about your case.
Litigate on Your Behalf
It can be tricky to know when it’s time to go to court or when you are eligible to do so. However, we can advise you and handle the proceedings when negotiations fail to yield a fair settlement. Then, we can file a lawsuit for you.
Only you can determine if seeking representation is right for your case. However, know that we will bring our decades of experience to seeking the best possible results for you.
Also, we work based on contingency fees, meaning that no upfront fees are required to get started with a case. There is no financial risk to seeking representation.
Is There a Deadline to File a Construction Accident Lawsuit in New York?
Bear in mind that you do not have unlimited time to file suit in New York if your case warrants a lawsuit. These deadlines vary based on the details of your case, and we can tell you more about how the statute of limitations may affect your situation.
The sooner you get started with your case, the sooner we can start collecting important forms of evidence on your behalf. If you do not file your claims on time, you may lose your right to obtain compensation for your injuries. Take advantage of a free case review today.
What to Do if You Lost a Loved One in a New York Construction Accident
For those who lost a loved one after a construction site injury, know that you may be able to seek additional forms of compensation, such as:
- Pain and suffering
- Mental anguish
- Medical bills for your loved one’s final medical care
- Lost income
- Loss of spousal and parental support
- Funeral and burial expenses
Handling a wrongful death case after losing a loved one can be difficult. We will help you understand the forms of compensation you could seek and take care of the process for you.
Construction Accident Cases Our New York Law Firm Handles
Due to the many dangers of construction sites, you may have experienced many different potential accident types. According to the Occupational Health and Safety Administration (OSHA), you may have experienced any of these common construction accidents:
- Explosions
- Crushing accidents
- Electrocutions
- Falls and scaffolding/ ladder accidents
- Accidents related to inadequate safety equipment, such as respiratory, face, and eye protection
- Truck and vehicle accidents
Even if you’re not sure if your case merits legal action, you can share your situation with someone from our office.
Understanding New York Construction Accident Laws
The law in New York State protects workers on construction sites. In many cases, the Labor Law places strict liability on the general contractor and site owner. That means that construction project owners, landlords, general contractors, and their agents are considered absolutely at fault for construction accidents caused by safety violations.
Construction Contractors and Owners Owe Workers Reasonable Protection
Contractors and owners have a duty to all persons working in and upon the building and premises to construct, equip, arrange, operate, and conduct the work in such a manner so as to provide reasonable and adequate protection to the lives, health, and safety of all persons employed or lawfully frequenting such places.
They must also place, operate, guard, and light all machinery, equipment, and devices so as to provide reasonable and adequate protection to all such persons. Such protections must be in place during all phases of construction jobs, including:
- Demolition
- Erection
- Repairing
- Altering
- Painting
- Cleaning or pointing of a building
And reasonable protections should be provided to workers’ using equipment on the construction site, including:
- Scaffolding
- Hoists
- Stays
- Ladders
- Slings
- Hangers
- Blocks
- Pulleys
- Braces
- Irons
- Ropes
- Devices constructed, placed, or operated in order to give proper protection to workers
Contractors and owners must also comply with all the rules contained in the New York State Industrial Code, such as keeping the workplace clean and free of debris and keeping all safety devices in sound operating condition.
Types of Construction Work That Causes Accidents in New York
Construction accidents are on the rise throughout New York City. Not only are poorly maintained construction zones hazardous to workers, but they also increase the risk of injuries for pedestrians and motor vehicle drivers.
According to New York City Construction Permit data, construction injuries commonly stem from:
- Improper construction fencing: Construction sites must enclose dangerous zones, such as trenches, with temporary fencing. Failing to do so can result in severe or fatal construction site incidents.
- Plumbing accidents: Plumbers work in tight spaces, perform heavy lifting, and operate dangerous machinery at construction sites. Without the proper safety equipment and tools, they can sustain devastating injuries.
- Poorly maintained sidewalk sheds: Sidewalk sheds keep pedestrians safe from falling objects during construction processes. If the construction site does not build or properly maintain its shed, the risk of construction injuries increases.
- Mechanical system failure: Defective equipment can fail during operation and cause construction accidents. These mechanical systems include grinders, electric welders, turbines, hydraulic hoses, belt conveyors, fans, and pumps.
- Defective scaffolds: The majority of scaffolding accidents are due to workers or employers failing to follow scaffolding requirements. This type of negligence can lead to falls or cause construction materials to strike pedestrians walking below.
- Inadequate signages: Construction sites must have proper signage in place. Ignoring signage regulations or neglecting to mark unsafe zones can lead to injuries for construction workers or nearby pedestrians.
- Faulty or missing sprinklers: Sprinklers are the first line of defense if a fire breaks out at a construction site. If a construction company does not maintain its sprinkling system, the negligence can lead to construction site injuries and wrongful death.
If you sustained injuries due to a construction accident, let our attorneys represent your case. We will investigate your damages, determine the source of the accident, and hold every negligent party accountable.
Retain the Services of an Attorney at Dansker & Aspromonte Associates with No Upfront Cost
We have a great deal of experience with construction and scaffold Accident cases, and we will get your questions answered. To schedule a free consultation with a construction and scaffold accident attorney, contact us online or call Dansker & Aspromonte Associates.