NYC Construction Accident Lawyer

Construction sites are among the most hazardous work environments, and accidents can lead to serious injuries or fatalities. At the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., we understand the complex nature of construction site accident claims in New York City. Our experienced NYC construction accident lawyers are dedicated to providing aggressive legal representation for construction workers and bystanders injured on or near construction sites.

What Constitutes a NYC Construction Accident

In New York City, where construction is a constant fixture of the cityscape, understanding what qualifies as a construction accident is crucial for workers and the general public. Construction accidents encompass many incidents on or around construction sites, potentially resulting in injury or damage. Here’s a breakdown of what typically constitutes a construction accident in NYC:

Falls from Heights

One of the most common types of construction accidents is falls from heights, including falling from scaffolding, ladders, roofs, or any elevated work areas. NYC’s skyline and frequent high-rise projects make this type of accident particularly prevalent.

Struck-By Incidents

These occur when a worker is hit by falling objects, swinging construction materials, or moving vehicles on the site. Given the dense urban environment of NYC, the risk of such accidents is increased by the tight quarters of most construction zones.

Electrocutions

Electrocution accidents can happen when workers come into contact with electrical wires or equipment. Inadequately marked or exposed electrical hazards can lead to serious injuries or fatalities.

Caught-In/Between Accidents

These accidents happen when a worker is caught in or compressed by equipment or objects, struck, caught, or crushed in collapsing structures, equipment, or materials. Trench collapses, and equipment malfunctions are typical scenarios for such accidents.

Machinery Accidents

Heavy machinery is essential on many construction sites, and accidents can occur due to malfunctions, improper use, or failures in routine maintenance.

Fires and Explosions

Risk factors such as exposed wiring, leaking pipes, and flammable materials can lead to fires or explosions on construction sites.

Exposure to Harmful Substances

Construction workers may be exposed to harmful substances, including asbestos, lead, chemicals, and dust. Without proper safety measures, such exposure can lead to acute or chronic health issues.

Slips, Trips, and Falls

These can occur due to hazards such as wet floors, uneven surfaces, or debris left in walkways, common in the constantly changing environment of a construction site.

Crane Accidents

Crane accidents can occur due to several factors, including operator error, mechanical failure, or improper loading. Given cranes’ size and weight and the materials they handle, these incidents are particularly dangerous. Contact our crane accident lawyers today.

Forklift Accidents

Forklift accidents can result from operator inexperience, poor maintenance, and workplace hazards. These incidents often lead to serious injuries due to the heavy loads and maneuverability challenges of forklifts. If you or a loved one has been injured in a forklift accident, seeking the assistance of an experienced forklift accident lawyer is crucial to ensure you receive the compensation you deserve.

Scaffold Accidents

Scaffold accidents often result from improper assembly, lack of safety measures, and unstable surfaces. These incidents can lead to severe injuries due to falls from significant heights and collapsing structures. If you or a loved one has been injured in a scaffold accident, seeking the assistance of an experienced scaffold accident lawyer is crucial to ensure you receive the compensation you deserve.

Legal Implications

In NYC, the legal framework that governs construction accidents is complex, involving state labor laws, OSHA regulations, and specific city ordinances that aim to protect workers and the public. Notably, New York’s Labor Law sections 240 and 241, known as the “Scaffold Law,” provide special protections to workers injured due to gravity-related falls or accidents involving scaffolding and other safety equipment.

How a NYC Construction Accident Lawyer at Our Firm Can Help

We understand the severe impact a construction accident can have on a worker’s life and the lives of their family members. Our experienced NYC construction accident lawyers are dedicated to assisting victims in navigating the complex aftermath of such incidents. Here’s how we can help if you or a loved one has been involved in a construction accident in New York City:

Experienced Legal Representation

Our legal team has experience in construction accident lawsuits and is familiar with New York City’s specific regulations and safety standards. We provide expert legal representation, ensuring your case is handled effectively to maximize your compensation.

Thorough Investigation

We conduct thorough investigations to gather all necessary evidence related to your accident. This includes collecting site reports, witness statements, medical records, and any available video or photographic evidence. We aim to build a strong case demonstrating liability and the extent of your injuries.

Navigating Complex Laws

New York City has unique laws, such as the Scaffold Law (Labor Law 240), designed to protect construction workers. Our lawyers are well-versed in these laws and will leverage them to effectively argue your case, whether in settlement negotiations or court.

Securing Compensation

We work tirelessly to secure compensation that covers all your needs, including:

• Medical expenses and rehabilitation costs
• Lost wages and loss of earning capacity
• Pain and suffering
• Long-term disability or disfigurement
• Other damages relevant to your case

Dealing with Insurance Companies

Dealing with insurance companies can be challenging and overwhelming. Our construction accident lawyers take on this burden for you, handling all negotiations to ensure you receive a fair settlement. If the insurance companies are unwilling to offer a just settlement, we are prepared to take your case to trial.

Providing Support and Guidance

Understanding that this is a stressful time for you and your family, we provide legal services, support, and guidance throughout the process. We are committed to keeping you informed and involved at every step, ensuring that you understand your rights and the progress of your case.

Advocating for Safer Workplaces

Beyond individual cases, we advocate for changes in workplace practices and safety standards to help prevent future accidents. We create safer construction environments across New York City by holding negligent parties accountable.

Who Can Be Held Liable for a NYC Construction Accident?

Determining liability in a construction accident in New York City involves understanding the various parties involved in the construction process and their responsibilities. Multiple parties can be held liable depending on the circumstances surrounding the accident. Here are some of the potentially liable parties:

• Construction Site Owners: Potentially liable if accidents result from unsafe conditions they control on the site.
• General Contractors and Subcontractors are responsible for ensuring the construction site complies with safety regulations and provides a safe working environment.
• Construction Managers: Oversee overall safety on site; liable if negligence in managing site safety contributes to an accident.
• Architects and Engineers: Can be held accountable for design defects, inadequate planning, or non-compliance with safety standards and codes.
• Equipment Manufacturers: Liable under product liability laws for accidents caused by defective machinery or equipment.
• Material Suppliers: Responsible if they provide unsafe materials that contribute to an accident.
• Insurance Companies: Involved in compensating losses; disputes may arise regarding coverage and claim denials.

Establishing Liability

Liability is determined by investigating the accident and collecting evidence such as witness statements, expert assessments, and safety compliance records.

Common Injuries From NYC Construction Accidents

Construction site accidents often result in serious injuries. In New York City, where construction is a constant, workers face various daily risks. Here’s an overview of the most common injuries that can occur from construction accidents in NYC:

Broken Bones

Falls, being struck by heavy objects, or accidents involving machinery can lead to fractures. Broken bones are not only painful but can also lead to long-term mobility issues and require extensive rehabilitation.

Head Injuries

Head injuries, including traumatic brain injuries (TBIs), are common in construction accidents, particularly from falls or being hit by falling objects. TBIs can range from mild concussions to severe brain damage, affecting cognitive and motor functions permanently.

Spinal Cord Injuries

These injuries can be devastating, leading to partial or complete paralysis. Spinal injuries often occur from falls from heights or accidents where the worker is crushed by heavy equipment.

Electrocution

Electrical mishaps can cause severe burns, cardiac arrest, and other critical conditions. Electrocution is one of the leading causes of death in construction accidents.

Burns

Burns can occur from fires, explosions, or contact with hazardous chemicals. Severe burns may require long-term medical treatment and can lead to significant scarring and disfigurement.

Lacerations and Puncture Wounds

Sharp or flying objects, as well as tools and machinery, can cause serious cuts or puncture wounds. These injuries can lead to significant blood loss and risk of infection.

Amputations

In severe cases, construction accidents involving heavy machinery can lead to the amputation of limbs. These life-altering injuries require major adjustments in lifestyle and long-term physical therapy.

Hearing Loss

Chronic exposure to loud noise without proper ear protection can lead to partial or complete hearing loss, a common but less visible injury among construction workers.

Respiratory Diseases

Inhalation of dust, asbestos, and other harmful substances can cause long-term respiratory problems or diseases like asbestosis, silicosis, or chronic obstructive pulmonary disease (COPD).

Crush Injuries

Being trapped under or between materials can result in crush injuries, which can affect any part of the body and are particularly dangerous for internal organs.

Vision Loss

Exposure to hazardous chemicals or flying debris without proper eye protection can cause temporary or permanent vision impairment.

Death

Tragically, some construction accidents lead to fatalities. Whether due to catastrophic injuries, severe falls, or fatal equipment accidents, the loss of life is a profound and devastating outcome.

What To Do After a Construction Site Injury

If you or a loved one has been injured on a construction site, taking the right steps immediately after the incident can significantly impact the outcome of any future legal actions and your overall recovery. Here’s a detailed guide on what to do following a construction site injury:

Seek Medical Attention

• Immediately get medical help, even for minor injuries.
• Keep all medical records and document any treatments received.

Report the Injury

• Notify your supervisor or site manager as soon as possible.
• Ensure the incident is documented and request a copy of the report.

Document Everything

• Take photographs of the injury and the site where the incident occurred.
• Collect names and contact information of any witnesses.
• Write down a detailed account of the incident while it’s fresh in your memory.

Keep All Medical and Financial Records

• Organize receipts, bills, and any out-of-pocket expenses related to the injury.

Follow Medical Advice

Adhere to the treatment plan prescribed by healthcare providers to support recovery and your case.

Consult a Construction Accident Lawyer

• Seek legal counsel to understand your rights and explore compensation options.
• Discuss the details of the accident and gather professional advice on the next steps.

Do Not Settle Prematurely

• Avoid accepting quick settlements from insurance companies before consulting with your lawyer.

Avoid Social Media

Refrain from posting details about the accident or your injuries online as it could impact your claim.

Understand Your Rights

Educate yourself about workers’ compensation and potential personal injury claims.

Take Action Promptly

Contact a personal injury lawyer quickly to ensure that legal actions are taken within the appropriate timelines.

Following these steps ensures that your rights are protected and improves your chances of obtaining appropriate compensation for your injuries.

Compensation You May Be Able to Claim After a NYC Construction Accident

If you’ve been injured in a construction accident in New York City, you may be entitled to various types of compensation depending on the circumstances of the accident and the extent of your injuries. Understanding these can help you seek appropriate legal redress and receive full compensation for your losses. Here’s a breakdown of the potential types of compensation available:

Medical Expenses

• Current Medical Costs: Covers all immediate medical treatments related to the injury, including hospital bills, surgeries, medication, and emergency care.
• Future Medical Costs: If the injuries require ongoing treatment, such as physical therapy, rehabilitation, or future surgeries.

Lost Wages

Compensation for the income lost during recovery when you cannot work.

Loss of Earning Capacity

If the injury impacts your ability to work in the future, compensation may include the difference between your current and potential future earnings.

Pain and Suffering

Non-economic damages for the physical pain and emotional distress you have suffered due to the accident.

Permanent Disability or Disfigurement

Additional compensation if the injury results in permanent physical disability or disfigurement.

Wrongful Death

If a construction accident results in death, the family of the deceased may be eligible for wrongful death compensation, covering funeral expenses, lost future income, loss of companionship, and more.

Punitive Damages

In cases where the defendant’s actions were reckless or egregious, punitive damages may be awarded to punish the wrongdoer and deter similar future conduct.

Workers’ Compensation

Almost all construction workers are eligible for workers’ compensation benefits, including medical care and a portion of their wages. Importantly, workers’ compensation claims do not require proof of fault.

Third-Party Claims

If someone other than your employer contributed to the accident, such as equipment manufacturers or subcontractors, you might have a third-party claim for personal injury damages beyond workers’ compensation.

Act Now to Protect Your Rights After a Construction Accident

If you’ve been injured on a construction site, it’s crucial to take swift action to safeguard your health and legal rights. Contact the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. today. Our experienced construction accident lawyers are ready to help you navigate the complexities of your case and ensure you receive the compensation you deserve. Don’t wait—reach out for a free consultation and let us advocate for you.

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FAQs About Hiring a NYC Construction Accident Lawyer

Why do I need a personal injury lawyer after a construction accident?

Navigating the legal and insurance issues following a construction accident can be complex and overwhelming. A personal injury lawyer ensures your rights are protected, helps you understand the legal options available, and maximizes the compensation you can receive. They also handle negotiations and legal procedures, allowing you to focus on recovery.

How is fault determined in construction accidents?

Fault is determined through investigation and evidence collection, including witness statements, site inspections, and sometimes expert testimonies. Personal injury attorneys and insurance companies will assess who was negligent or failed to comply with safety regulations, contributing to the accident.

How much will it cost to hire a construction accident lawyer?

Most construction accident lawyers work on a contingency fee basis, meaning they only get paid if you win the case or settle. The fee is typically a percentage of the compensation awarded. There are usually no upfront costs for the client.

How soon after my construction accident should I contact a NYC personal injury lawyer?

It is advisable to contact a construction accident attorney as soon as possible after a construction accident. Early intervention helps preserve evidence and witness testimonies and ensures legal proceedings are initiated within the statutory deadlines.

What if I’m partially at fault for the accident?

Thanks to the comparative negligence rule, in New York, you can still recover damages even if you are partially at fault. However, your compensation will be reduced by your percentage of fault in the accident.

Can I claim compensation if I’m an undocumented worker?

Yes, your legal status does not affect your rights to claim compensation for injuries sustained on a construction site. Both documented and undocumented workers are entitled to workers’ compensation and can pursue personal injury claims.

What if my employer offers a settlement?

Consult with a construction accident attorney before accepting any settlement offer from your employer or insurance company. A construction site accident attorney can help determine if the offer fairly compensates for your injuries and losses and negotiate for a better settlement if necessary.

How long do I have to file a personal injury lawsuit after a construction accident?

In New York, you generally have three years to file a personal injury lawsuit from the accident date. However, initiating the process early is best to ensure all evidence is fresh and available.

What kind of compensation can I expect?

Compensation for construction accident injuries can include medical expenses, lost wages, loss of future earning capacity, pain and suffering, and, in some cases, punitive damages. The exact amount depends on the specifics of your case, including the severity of your injuries and the circumstances of the accident.