Construction Accident Lawyer

8 min read

construction accident lawyer

If you’ve been injured in a building mishap in New York, you need a law firm with substantial experience and a tested record of results. At The English, we have actually recovered over half a billion dollars for mishap victims and their households. Our New York building accident lawyers have actually made a credibility as tough litigators and arbitrators who stop at nothing short of maximum payment for our customers.

As a law practice that’s concentrated on building and construction mishaps, we streamline the legal process by handling all elements of our clients’ cases. This means you only require one company for your injury suit, employees’ compensation claim, Social Security Disability (SSD) claim, and/or appeal.

Our firm is led by English, one of the most proficient and extremely skilled building and construction mishap trial legal representatives in New York. For years, he has actually led lectures for other lawyers at the New York State Trial Lawyers Association (NYSTLA) to spread his understanding of New York’s Labor Law. This is a position he earned through years of experience and record-setting success.

All of our attorneys are extremely experienced in dealing with construction accident cases, including those including falls from heights, ladder mishaps, scaffold accidents, crane mishaps, falling things, journeys and falls on construction websites, falls and slips on construction sites, electrical shock accidents, and accidents including power saws and powered machinery.

Our resources include a lineup of construction website safety specialists and engineers, along with a former police officer working as an investigator. Our proven abilities in handling building accident cases have led to our long track record of multi-million-dollar verdicts and settlements.

How Do Construction Accidents Happen?

Heavy machinery, continuously moving equipment, and high elevations are just a couple of dangers at building and construction sites. When these or other dangers generate building and construction accidents, they frequently consist of (source: CDC):.

  • Falls.
  • Struck-by occurrences.
  • Electrocutions.
  • Entrapments.

Here is how frequently each of these construction accidents happens and what kinds of oversights can contribute to them (source for all data listed below: CDC).

Falls

Falling is the top cause of death at building and construction websites, triggering well over 1 in 3 fatalities. Oftentimes, these falls arise from missing protective equipment, equipment failures, and other issues. While falling from scaffolding, ladders, and other elevated locations often causes severe injuries, so do same-level falls, consisting of trips, slips, and falls.

Struck-By Incidents

Rising over the last few years, struck-by occasions occur when any things, tool, or car strikes an employee. These incidents are responsible for more than 1 in every 7 deaths at construction sites.

Electrocutions

Direct or indirect contact with a live existing causes about 7% of all building and construction worker casualties each year. Shockingly, more than 6 in 10 office electrocutions occur at building websites.

While many of these building and construction electrocutions are triggered by contact with overhead or underground power lines, several also result from incorrect use of extension cables and the abuse of short-lived lighting at construction websites.

Entrapments

Causing about 5% of building and construction worker casualties, entrapments have actually likewise been on the rise just recently. These occasions can include backovers, collapses, crushing events, and entanglements.

WHAT IS THE NEW YORK SCAFFOLDING LAW?

New York Labor Law Section 240 consists of special arrangements for workers hurt by or on scaffolds, ladders, raises, remains, slings, hangers, pulleys, irons, ropes, blocks, braces and other comparable gadgets. This special section of the New York Labor Law, commonly known as the “Scaffolding Law,” permits hurt employees to bring lawsuits against a homeowner or basic specialist who breaks this area, rendering them strictly accountable for employees injured as a result of insufficient or missing security equipment at elevated work websites.

Labor Law Section 240 likewise protects employees from “falling objects” at a work website where a things falls and injures a worker due to a violation of the security provisions of that section of law. In addition, Section 241( 6) of the New York State Labor Law enforces a responsibility upon the general professional and/or owner to adhere to all arrangements of the New York State Industrial Code. Designers, subcontractors and makers of devices may likewise be held responsible for inadequate security preventative measures.

HOW DO ATTORNEYS INVESTIGATE A CONSTRUCTION ACCIDENT CASE?

Our building mishap attorneys will immediately carry out a comprehensive investigation of the accident if we think you have a legitimate case.

The following are items which need to be acquired:

A. Official Reports

  1. OSHA Investigations consisting of previous citations
  2. Dept. of Buildings records( consisting of authorizations and allow applications).
  3. Police reports d. Department of Buildings violations/citations.

B. Injured Worker’s Records

  1. Ambulance Call report.
  2. Healthcare facility records.
  3. Physicians/Rehabilitation records.
  4. Autopsy/Death Certificate.
  5. Employees’ Compensation file.
  6. Prior Workers’ Compensation claims and previous medical.
  7. Union records.
  8. Employment records.
  9. Income Tax records for 5 years prior to mishap.

C. Witness StatementsWitness declarations must be obtained at the earliest chance. If needed, get Affidavits from witnesses right away, before their story modifications, they stop talking or they vanish.

D. Pictures of Scene.

E. Copies of All Contracts.

F. Identity of All Contractors on Job.

  1. Who monitored task?
  2. Who supervised of security?
  3. Was responsibility to manage and monitor work which triggered mishap specifically delegated to a sub-contractor?

J. Insurance Coverage Including All Endorsements.

K. Task Documents.

  1. Security memos and inspection records.
  2. Records of safety conferences.
  3. Work permits.
  4. Development sheets.
  5. Daily logs.
  6. Progress photos.
  7. Dept. of Buildings assessments.
  8. Determine who controlled all devices and owned associated with accident.
  9. Records regarding safety devices at the job website.

Should You Also File a Personal Injury Action In Addition to Workers’ Compensation Case?

Workers’ settlement benefits only apply to legal claims in between the direct company and the employee. Although workers have the right to submit a worker’s compensation claim versus their employers, the advantages are typically insufficient settlement for lost salaries, medical bills, future earning capacity, and reduced lifestyle.

Victims have the alternative to submit a work injury claim with a building and construction accident attorney to see if other monetary entities can supply justice for the construction worker. Building and construction jobs generally include multiple business, entities and persons all involved in and dealing with a single building and construction website project. A construction mishap attorney can help find which companies, persons or groups, who do not use the injured worker, negligently triggered an injury, and submit an injury claim in addition to the workers’ compensation benefits claim.

Sometimes, where defective products or security devices are the cause of the injury on a building site, a worker might also have the ability to bring a product liability case against the maker for negligence.

Because of the myriad of possibilities for possible healing from numerous prospective parties in a building website injury, it is essential that injured constraint website employees and their families get in touch with a building and construction mishap right away.

How Can A Construction Accident Lawyer Help You?

Building work is both dangerous and demanding, needing employee to deal with heavy machinery, harmful devices, reach terrific heights and perform their task in naturally dangerous environments. When a building employee takes all the proper preventative measures resulting in the worker suffering a considerable injury while on the job, building accidents happen even. Unsafe scenarios that result in an injury on a building website may entitle the injured employee to settlement from the building company he or she is utilized by and potentially other celebrations. A building and construction mishap lawyer is an important supporter who can ensure that you and your household are able to secure all of your legal rights.

A skilled construction accident attorney will be able to help you and your family fight to get payment relating to:

  • Medical bills, hospital costs and rehab expenses associated with treatment for your injuries
  • Lost salaries as a result of missing out on time from work because you’re injured, consisting of lost making capability for the future
  • Emotional distress you’re suffering because you’ve been seriously injured
  • Discomfort and suffering, both previous and future including lessened quality of life

Even an injury which does not appear major in the beginning can result in severe consequences for an injured worker and his/her family. When a building employee is hurt, he or she deals with monetary stress brought on by medical expenses and lost earnings throughout recovery. In cases where the injury is severe, the hurt building employee might lose the capability to ever go back to work once again.

Furthermore, in specifically devastating occurrences, a building worker might face a life time of treatment, surgeries, treatment, and rehab. The costs connected with medical treatment and loss of earning capability can amount to six-figure, even seven-figure sums. A devastating injury can amount to excellent monetary hardship which injured construction workers and their households need to not deal with alone.

Types of Construction Accident Claims and Lawsuits

If you were hurt on a construction site, you may have the ability to pursue one or more of the following claims with the help of your attorney:

Workers’ Compensation: Typically, a hurt employee may not bring a suit against their company due to the fact that they are entitled to benefits provided by workers’ payment insurance coverage. An employee pursuing workers’ settlement advantages requires to prove just that an injury happened, unimportant of any surrounding situations.

If the claim is accepted, the worker will be entitled to get employees’ settlement advantages. Workers’ payment claims may be brought in combination with claims versus 3rd parties to optimize recovery of damages.

More: Motorcycle Accident Injury Attorney

Personal Injury: In a personal injury lawsuit, the worker should show that a third party was negligent, and this carelessness resulted in their injury.

Item Liability: If the injury was caused by a malfunctioning item, the injured party can bring a match against any party in the chain of distribution. For example, if a ladder utilized on a construction website stops working due to a defect and causes an injury, the victim may have the ability to recover payment from the seller, wholesaler, manufacturer, or any other celebration in the chain of circulation.

Wrongful Death: If a worker is eliminated on the job, his/her household may have the ability to bring a wrongful death claim on their loved one’s behalf.

Sometimes, numerous claims might be submitted simultaneously.

5 Steps to Take After a Construction Accident

construction site injury attorney

Here are a handful of steps that you can take to secure yourself if you are able to do anything after a construction accident. Remember that you can cut this down to simply steps 1 and 5 if needed.

1. See a Doctor ASAP

Go to the emergency clinic or visit your doctor, so your injuries can be identified, recorded, and dealt with. Also, ensure you do not skip any proposed treatments and that you follow all medical professionals’ orders concerning any constraints or restricted motions. This can be vital to physically recovering while laying an essential structure for a future claim.

2. Submit a Work Accident Report

It’s best to submit this report with your employer. In Louisiana and Texas, state law offers 30 days to submit this report and still maintain eligibility for employees’ settlement benefits. That’s 30 days from the date of the building mishap.

3. Gather & Keep Evidence

Anything you have or can acquire related to the construction accident could be handy evidence for a future claim (beyond a workers’ payment case). Some items that may be essential can consist of:

  • Experience information
  • Pictures and/or videos of the after-effects or the accident scene
  • Accident scene debris
  • Worker handbooks or training manuals
  • Employer records
  • Equipment-related records

4. Beware Whenever You Interact with Insurance Companies

Insurer are more likely to be an enemy, not a friend, when you’re looking for payment. They’re in the business of protecting their bottom line and their earnings, not your rights. That can suggest that:

  • You can’t depend on insurance providers to play fair, describe your rights, or do the best thing when it comes to your claim.
  • You ought to expect insurance companies to push back and undervalue your claim.
  • You must be additional careful when speaking to insurance adjusters.

5. Talk with a Construction Accident Lawyer

The attorneys at English Injury Lawyers can be the advocate you require when it’s time to recover from a building and construction accident. We can describe whether you have a personal injury case, beyond an employees’ settlement claim, and we can do whatever required to set your claim(s) up for the very best possible resolution.

Building Accident FAQs

After a major work environment mishap, you likely have a lot of concerns. Our New York City building and construction mishap legal representatives are here to provide answers and advocacy as you combat to get back on your feet. Below are answers to some of the questions we most often receive about construction mishaps.

Can I get more than simply workers’ payment after a construction injury?

Yes, oftentimes. Even though you’re prohibited from directly suing your employer under workers’ compensation laws, you may be able to submit a building mishap lawsuit under New York Labor Laws or versus 3rd parties such as makers of malfunctioning equipment. A personal injury claim might help you recuperate additional compensation for discomfort and suffering, full lost advantages and wages, future medical costs, and other damages that employees’ comp doesn’t cover.

Who is accountable for guaranteeing safe conditions at the building site?

Under New York’s Labor Laws protecting construction employees, general contractors and homeowner and, in specific circumstances, subcontractors, engineers and safety inspectors are responsible for preserving a safe work environment for construction employees. For numerous accidents covered by New York Labor Law § § 240( 1) and 241( 6 ), the general professionals and website owners can be discovered at fault for the work of their subcontractors and agents.

Who is responsible for ensuring safe conditions at the building site?

Under New York’s Labor Laws securing building workers, general contractors and property owners and, in particular circumstances, subcontractors, engineers and security inspectors are accountable for keeping a safe workplace for building and construction workers. For lots of accidents covered by New York Labor Law § § 240( 1) and 241( 6 ), the general contractors and website owners can be found at fault for the work of their subcontractors and representatives.

What Should I Do If I’ve Been in a Construction Accident?

If a worker is injured in a building and construction accident they need to:

  • Get timely medical attention for the injury;
  • Report the injury to the company or supervisor and note who they told;
  • Get accounts and details from any witnesses;
  • Take pictures of the injury, scene of the injury, and any devices included; and
  • Contact a lawyer for more information about their legal options.

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