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.
Recoverable Damages that May be Available to You
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.
Should You Work with a Lawyer for Your Construction Accident Claim or Lawsuit?
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:
Gathering 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.
Communicating and Negotiating with Insurance Companies for You
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.
Litigating on Your behalf, If Necessary
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.
Legal Options Available to You After a 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.
Types of Construction Accident Cases We Work On
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.
If You lost a Loved One to a 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.
The Deadline to File a Lawsuit for a Construction Accident 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.
New York Construction Accident Law
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.
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.