Q: What if My Loved One Died in an NYC Construction Accident?
A: If you have experienced the loss of a loved one in a New York City construction accident, worker’s compensation may pay for some of your losses. However, it will likely not be enough to meet all of your financial needs… (Read More)
Q: Can I Collect Workers’ Comp and Social Security Disability at the Same Time?
A: If you suffer a job-related injury– workers’ compensation insurance will replace up to two-thirds of your wages. Although you will not be able to replace the full amount, you might also be eligible to collect additional social security disability income (SSDI) payments… (Read More)
Q: Can I Sue for a Construction Accident if I’ve Gotten Workers’ Comp?
A: In some cases, the circumstances of the accident might allow the injured employee to sue for additional damages even if they have already received workers’ comp benefits… (Read More)
Q: Can a Bystander Sue for a Construction Accident Injury?
A: In New York City, pedestrians and motorists are directly in the midst of high-rise construction, and accidents are frequent. Most of them are due to some form of negligence by the people or entities involved with the building site… (Read More)
Q: What Compensation is Available in a Construction Accident Case?
A: Injured construction workers often mistakenly assume that they could only recover workers’ compensation benefits f they suffer injuries in a work-related accident. However, if their injuries are caused by a third party’s negligence, they may also be entitled to recover additional damages… (Read More)
Q: Can I Sue for a Construction Accident if I’m a Subcontractor?
A: A subcontractor at a construction site is generally limited to workers’ comp claims against their employer. They may not be able to sue the direct employer. However, they can still sue third parties whose negligence contributed to a construction site accident that cause the injuries… (Read More)
Q: What is the Statute of Limitations for a Construction Accident Claim?
A: There are instances when workers’ compensation isn’t enough to cover the costs related to a serious construction accident injury. If you’re planning on filing a third-party civil lawsuit for this type of injury, you have three years from the accident to take legal action… (Read More)
Q: Who Do I Sue After an NYC Construction Accident?
A: Construction can be dangerous work– worksites are often hectic with many different moving parts. Because of this, there are a number of potential parties that you can sue after an New York City construction accident… (Read More)
Q: How Do I Report an Unsafe Construction Site?
A: Construction sites are inherently dangerous places. Because of this, both Federal and New York State Law make it easy for construction workers, tenants in buildings that are undergoing rehab, and passersby to report unsafe conditions… (Read More)
Q: Do I Need a Lawyer When in An Accident Due to Construction?
A: Accidents at construction sites are rarely straightforward matters. The injuries can be more severe due to the presence of heavy machinery and materials. Multiple contractors and subcontractors may be involved. Furthermore, a high level of construction activity can obscure the exact causes of an accident… (Read More)
Q: What is a Section 32 Settlement?
A: If you have been injured on the job and pursue a workers’ compensation claim, it could end in a voluntary settlement known as a Section 32 Waiver Agreement. It provides a lump sum settlement to pay for future lost income and medical expenses rather than ongoing weekly payments… (Read More)
Q: Can OSHA Violations Be Used to Prove a Construction Accident Claim?
A: Occupational Safety and Health Administration (OSHA) violations can be substantial proof of negligence. However, to recover damages, an employee with a construction accident claim must demonstrate that the violation was the direct and proximate cause of their injuries… (Read More)
Q: Can Social Media Impact My NYC Construction Accident Claim?
A: Yes, the posts you share on social media could dramatically impact your NYC construction accident claim. A seemingly benign photo or statement could place your claim in jeopardy when taken out of context… (Read More)
Occupational Safety and Health Administration (OSHA) violations can be substantial proof of negligence. However, to recover damages, an employee with a construction accident claim must demonstrate that the violation was the direct and proximate cause of their injuries. Workers can generally recover compensation for injuries and lost wages through workers’ compensation claims. These do not require a showing of an employer’s negligence.
In addition, in accidents where a worker can also file a lawsuit to recover damages from anyone other than an employer at a construction site—the employee will need to show how third-party negligence was a direct cause of the injuries.
If you have suffered injuries in a construction accident in the greater NYC regions, a New York personal injury lawyer from Friedman, Levy, Goldfarb, Green & Bagley, P.C. can answer your questions.
These might include whether you have a right to sue for negligence in addition to your workers’ compensation claim and whether the negligent party’s OSHA violations will be part of the proof of your construction accident lawsuit.
How can an OSHA violation support a construction accident lawsuit?
When a party other than your employer (including, for example, other contractors or subcontractors, material or equipment suppliers and installers, and the site’s owner or manager) causes your injury, to recover damages, you may sue that party and the owner of the property and general contractor if you were working at the site. An NYC construction accident lawyer can use OSHA standards and their violations to demonstrate the duty of care and the breach of that duty.
What kind of OSHA violations can lead to construction accident claims?
Almost every violation of an OSHA standard can lead to a valid claim. Some of the more common violations include:
falls from elevations that were not properly shielded or secured
exposure to hazardous chemicals
improperly-constructed or overloaded scaffolds
electrocution hazards
poor air circulation and exposure to dust and fumes
accidents involving ladders
collisions with trucks or forklifts that did not have proper warning alarms
slip and fall accidents on greasy or oily surfaces
guards that have been removed from rotating power equipment
improper or ineffective eye, ear, and face protection.
Do you need to report an OSHA violation before filing a construction accident lawsuit?
Reports and investigations of OSHA violations at construction sites move according to their own rules and procedures. If you were injured in a construction accident caused by a third party’s violation of one or more OSHA standards, you might have a right to file a lawsuit. This is true regardless of whether the violations were reported to OSHA or any citations had been issued.
In every case, your best course of action is to contact an experienced attorney as soon as is possible. They will investigate the construction accident while the facts and evidence are still fresh. You will able to recover the largest potential damages award to compensate you for your injuries– when you start your construction accident claim sooner rather than later.
What construction accident damages can you recover on account of an OSHA violation?
Construction workers can recover reimbursement for medical expenses and at least a portion of their lost wages through workers’ compensation claims. They can also file a construction accident claim and a lawsuit against a third party to recover compensation for pain and suffering, loss of consortium, reduced job opportunities, and other damages not included in a worker’s compensation claim.
Call NYC Construction Accident Lawyers to Determine if You Can Sue Even if You Have Received Workers’ Comp
At Friedman, Levy, Goldfarb & Green in Manhattan, we represent injured construction workers and construction site visitors in lawsuits against the parties that have violated OSHA standards– when those violations are the direct cause of losses and injuries. Contact us for a free consultation with one of our experienced accident and injury lawyers.
A subcontractor at a construction site is generally limited to workers’ comp claims against their employer. They may not be able to sue the direct employer. However, they can still sue third parties whose negligence contributed to a construction site accident that cause the injuries.
Subcontractors in and around NYC who suffer job site injuries should promptly contact a New York construction accident lawyer to assess their rights and ability to recover damages– in addition to their workers’ comp benefits. A New York personal injury attorney at Friedman, Levy, Goldfarb, Green & Bagley, P.C. in Manhattan represents injured construction subcontractor employees throughout the greater NYC region. We understand construction site dynamics and the interaction among all the parties that are connected to those sites.
Which parties might a subcontractor sue for a construction accident?
A subcontractor employee may have a right to sue several parties–
the owner of the property
the general contractor
other subcontractors
suppliers that deliver construction materials to the site
careless or inattentive site visitors
manufacturers of construction equipment that prove to be unsafe or defective
No two construction site accidents are the same, and each accident’s facts will determine a subcontractor’s right to sue for damages. A construction site attorney can best analyze those facts within the first few days or weeks after the accident– before witness memories fade and records of the accident are lost or misplaced.
Can a subcontractor sue if they are already receiving workers’ comp benefits?
Workers’ comp benefits that a subcontractor receives from an employer’s insurance carrier will likely be credited against any damages that they can recover from third parties. However, those benefits will not preclude an employee from suing those parties for other negligence damages. Those might include compensation for pain and suffering and additional costs and expenses that workers’ comp does not cover.
What does a subcontractor have to prove to recover damages in a lawsuit?
A subcontractor who has been injured on the job must demonstrate that a third party’s negligence was a proximate cause of an accident that caused injuries and that they incurred losses as a result. Further the property owner and general contractor are responsible for the negligence of others.
The facts and information that an attorney might need– to show the cause of an accident– can dissipate equally quickly after an accident. An injured subcontractor who is considering filing a lawsuit should not hesitate to retain a lawyer who will work to preserve all facts and information that demonstrate causation.
What kinds of accidents are most likely to cause subcontractor injuries?
Construction site subcontractors are exposed to accident risks and injuries from:
falling on a slippery or uneven work surface, or from scaffolds or other elevated workspaces
being hit by tools or construction materials that are dropped from higher elevations
electrocutions from live power sources connected to construction equipment or the construction site building or property
crushing or being caught between a moving piece of construction equipment and a solid surface.
exposure to toxic or poisonous chemicals or substances
An injured subcontractor might be tempted to shrug off or ignore injuries. However, slight, or seemingly insignificant pain or discomfort can worsen if ignored– and leave the subcontractor with large medical bills. Because of this, the subcontractor’s best course of action is always to pursue reimbursement for both current and prospective losses from the negligent parties.
Is there a Statute of Limitations on Filing a Claim as a Subcontractor?
Under New York State law, an injured subcontractor must file their personal injury lawsuit within three years from when a third party’s negligence caused their injuries.
The three-year statute of limitations for a personal injury lawsuit differs from the two-year limit for workers’ compensation claims. Workers’ comp claims also require an injured worker to notify their employer of an on-the-job injury within 30 days. Negligence claims by subcontractors are generally filed against third parties who are also conducting operations at a job site. This is unlike a workers’ compensation claim which is filed directly with the insurance carrier for the subcontractor’s direct employer.
An Injured Contractor Could Easily Miss A Filing Date
In view of the differences in these statutes of limitations, an injured contractor could easily miss a filing date. They could inadvertently forfeit the right and opportunity to collect the largest available compensation for their injuries. They might assume, for example, that workers’ compensation is the sole source of compensation for an on-the-job injury. Therefore, a subcontractor could fail to pursue a separate negligence lawsuit.
It’s important to note that workers’ compensation provides reimbursement for medical expenses, lost wages, and other similar economic costs. However, an injured subcontractor may be able to recover damages for pain and suffering and other losses with a negligence lawsuit against a third party–whose negligence precipitated the accident.
A Negligence Lawsuit Will Reimburse An Injured Contractor For Losses Not Recoverable With A Workers’ Comp Claim
Even if a subcontractor is pursuing a workers’ compensation claim for injuries that they suffered in a construction accident in the greater New York metropolitan area, they should contact an experienced construction accident injury lawyer. They can determine whether and to what extent the subcontractor has a right to file a separate negligence lawsuit.
That lawyer will also explain the applicable statute of limitations for the injured subcontractor’s claims and will verify that none of those limitations are missed. Although a construction accident victim cannot recover twice for the same injuries, the damages that may be available in a negligence lawsuit will reimburse an injured subcontractor for losses that are not recoverable with a worker’s compensation claim.
Contact us for a free consultation
Please see our website or call our Manhattan offices of Friedman, Levy, Goldfarb & Green if you provided subcontractor services at a construction site in the greater NYC region, and were injured. We will review your case and determine your rights to sue that party and to recover the largest available damages award for your injuries.
Bystanders injured due to construction site negligence can sue to recover their medical expenses and lost wages, as well as the pain and suffering endured. If they succumb to their injuries, their families may file a wrongful death lawsuit.
In New York City, pedestrians and motorists are directly in the midst of high-rise construction, and accidents are frequent. Most of them are due to some form of negligence by the people or entities involved with the building site. Dropping a hammer, for example, from a considerable height can cause severe injury or death. It is difficult for a bystander to protect themselves from such incidents. A personal injury lawyer from Friedman, Levy, Goldfarb & Green will defend your rights so you may receive the compensation you deserve for your injuries. While most claims are settled, we will take a case to trial when necessary.
Determining Liability
By law, construction sites must adhere to New York state regulations and those of the Federal Occupational Health and Safety Administration (OSHA). Anyone owning or managing them is subject to the duty of care under premises liability law and must maintain a safe working environment. Unfortunately, far too many ignore the regulations meant to protect the public and their workers.
Besides the property owner and construction company, those potentially liable for a construction site accident can include:
Architects
Contractors and sub-contractors
Construction workers
Engineers
Manufacturers
Third-party companies
We will investigate the circumstances of your construction site accident thoroughly to determine who may prove responsible and hold them accountable.
Construction Accident Causes
When it comes to bystander injuries at construction sites, the most common causes include:
Debris
Inadequate site fencing
Inadequate protective netting
Inadequate worker training
Lack of warning signage
Slip and falls due to improper cleanup
Toxic materials
Unsecured worker tools
Sometimes, bystanders are hurt or killed by construction accidents, later described as a freak occurrences. However, it often turns out the incident was not that unusual given the underlying conditions. For instance, it is not normal that high winds should cause materials to fall off the building. An investigation may uncover that these materials were not properly secured. Many accidents occur because the site manager was negligent in ensuring that all construction met the proper standards.
Defective Equipment
Construction accidents may also occur due to defective equipment. For example, any defect in a crane or scaffolding can lead to catastrophe. Defects can occur due to inferior materials but also as a result of design flaws. Equipment manufacturers must ensure their products include appropriate safety mechanisms.
It is not just bystanders who may file personal injury lawsuits when defective equipment is to blame. Construction workers injured on the job must file a workers’ compensation claim. However, they may also file a personal injury lawsuit against the manufacturer. Employers who fail to follow OSHA regulations may find themselves in litigation outside the workers’ compensation system.
Contact us for a free consultation
If you or someone you know were injured as a bystander in a construction site due to property owner negligence, you need the services of an experienced New York construction accident lawyer at Friedman, Levy, Goldfarb & Green. These cases are often complicated, so you need a law firm with a half-century history of successfully litigating these complex cases. Contact us today for a free consultation, and as we work on a contingency-fee-basis, there are no upfront legal costs.
If you have experienced the loss of a loved one in a New York City construction accident, worker’s compensation may pay for some of your losses. However, it will likely not be enough to meet all of your financial needs. A personal injury lawsuit may provide the help you need, but not every situation qualifies. A New York personal injury attorney at Friedman, Levy, Goldfarb, Green & Bagley can determine whether you are eligible to file a civil lawsuit and whether it is the right move for you.
What Are the Most Common Types of Fatal Construction Site Accidents?
Blunt force impact from moving objects or equipment
Crushed from being caught in or between collapsing excavations or trenches
Electrocutions
Given the complexity and level of activity at a typical construction site and the multiple contractors, equipment operators, materialmen, architects, and engineers that are prevalent at the site, this category list is not exhaustive. As a result, the full list of causes of fatal construction site accidents is limitless. However, these causes all generally have a common thread–namely, that they reflect a negligent party’s liability for damages and compensation to the accident victim’s survivors.
New York law provides a direct path for an injured construction worker and their survivors to sue for monetary compensation when another party’s negligence leads to serious injuries or wrongful death. New York, for example, is the only state with a specific Scaffold Law. It holds construction employers and property owners fully liable when a worker suffers a fatal fall from a high elevation without proper safety equipment.
Other state and federal laws, rules, and regulations mandate that construction employers use proper safety equipment. In addition, they are also required to warn construction workers about moving machinery or materials that can cause a blunt force impact. They must also shore up and secure trenches to prevent the risk of collapse and to shield or warn about power lines that can cause electrocutions.
The survivors of a worker who dies in a construction accident are not limited to just collecting workers’ compensation death benefits. They cover only a portion of an employee’s salary, with limits based on the worker’s age at the time of the fatality. The families of construction workers who succumb to fatal injuries at construction sites in New York City, Long Island, and elsewhere in the metropolitan area are almost always able to sue for greater damages for negligence and wrongful death.
Workers’ compensation provides a relatively quick and easy path to obtain payment after a workplace accident. However, it only applies when the injured worker was an employee, who was injured while working.
A worker’s compensation insurance policy covers:
Funeral expenses up to $6,000
Death benefits
Medical bills
A lawsuit can provide:
Funeral benefits that exceed $6,000
Lost wages
Non-economic damages such as loss of care and companionship that the worker would have provided
When can you sue an employer for an on-site fatal accident?
If your deceased loved one was an employee of the construction company for which they worked, you might sue the employer in the following circumstances:
The employer did not obtain the legally required workers’ compensation insurance policy, or the policy is no longer in effect;
The employer acted egregiously; or
The fatality was the result of the employer’s willful actions.
The accident may also be due to the actions of someone other than the employer. For example, if the cause of your loved one’s death was a third party at the site or a defective product, or if the worker was an independent contractor rather than an employee– a lawsuit against whoever was at fault may be permissible. The owner and general contractor are liable as well.
What you must prove to win a wrongful death lawsuit
Unlike a worker’s comp claim, you need to prove fault in a personal injury lawsuit. In construction, some examples of liability include:
The employer violated a rule designed to protect workers, leading to injury
A third party on the premises, such as a delivery person or someone associated with the property owner, acted carelessly and caused the accident
A product malfunctioned because of a design or manufacturing flaw
Proper safety equipment was not used
If you do not meet your burden in presenting evidence of each element of your claim, including fault, then a court will dismiss your case. These are requirements that experienced attorneys plan for when reviewing and developing your case.
What to do after a fatal construction site accident
After a loved one’s wrongful death, there is not much time to plan for your future. You may need to handle funeral arrangements, sort out medical bills, and adjust to life without your family member.
Even though it may seem less critical, taking a few steps can help you down the road.
Important evidence may disappear, so it is good to talk to an attorney as soon as possible. They can help preserve as much evidence as possible before records are lost, camera footage is overwritten, or the memory of an eyewitness begins to fade.
Keep a file of all documents you receive. Include medical and funeral bills, reports, receipts, or anything else you receive related to the accident.
Take notes or keep a diary so that you do not lose track of events as they unfold.
Contact us for a free consultation
Though a serious construction accident can occur in many ways, our team at Friedman, Levy, Goldfarb, Green & Bagley will investigate further to determine who was to blame and how to prove it. We understand the gravity of your situation and are committed to doing the heavy lifting for you throughout the litigation process.
Call Friedman, Levy, Goldfarb, Green & Bagley, P.C. today to schedule a free consultation with a member of our team. There is no obligation, and consultations are confidential.
There are instances when workers’ compensation isn’t enough to cover the costs related to a serious construction accident injury. If you’re planning on filing a third-party civil lawsuit for this type of injury, you have three years from the accident to take legal action.
This deadline is known as the statute of limitations, and New York, like many other states, has exceptions that shorten this time frame considerably. For this reason, it’s essential to enlist the services of a reputable personal injury attorney who can ensure your construction accident claim is filed correctly and within the specified deadlines.
With the guidance of knowledgeable legal counsel, victims stand a much better chance of securing the compensation they rightfully deserve after a catastrophic accident that stemmed from negligence.
The Statute of Limitations
The statute of limitations for a construction accident claim in NYC is three years from the date of the accident. There are, however, some exceptions to this rule, and they include the following:
Thediscoveryrule: This exception allows for filing a claim within a certain period of time after the injured party discovers (or should have discovered) the injury, regardless of when the injury occurred.
The continuing wrong doctrine: This exception applies when an injury is continuous or repeated over time, such as in cases of sexual abuse or fraud.
The equitable estoppel doctrine: This exception may apply if the defendant has taken some action that has led the plaintiff to believe that their claim is barred by the statute of limitations, even though it is not.
The tollingdoctrine: This exception may apply if the plaintiff is under 18 years of age, is mentally disabled or is incarcerated.
The doctrines of waiver and estoppel: These doctrines may apply if the defendant has waived their right to assert the statute of limitations as a defense or if they have taken some action that has led the plaintiff to believe that the statute of limitations does not bar their claim.
In addition, if the employer has failed to provide notice of workers’ compensation insurance coverage, the employee has four years. Further, if the employer intentionally conceals workers’ compensation insurance coverage, the employee has six years to file a claim.
The strength and potential value of a claim
At Friedman, Levy, Goldfarb & Green, we provide compassionate, dedicated advocacy for construction accident victims and help clients determine the applicable statute of limitations. Three years may seem like ample time to build a case, but critical evidence can be misplaced, destroyed, or lost with each passing day, which can undermine the strength and potential value of a claim.
Exceptions and Important Deadlines for Cases
If your attorney is filing a construction accident claim against a public authority, municipality, or government agency, a notice of claim must be sent to the defendant within 90 days. The plaintiff then has one year and 90 days in which to file a lawsuit.
A construction accident resulting in death of a spouse or loved one has a shorter time frame for seeking restitution. Family members of the deceased must file their wrongful death lawsuit within two years of the victim’s passing to pursue legal compensation.
However, construction workers who become diseased and injured due to toxic exposure on the job may not become aware of their illness right away. In cases like these, plaintiffs have three years to file suit, but the clock starts ticking when the disease or ailment is discovered.
In construction accidents leading to grave personal injuries and expenses, choosing the right law firm can make a world of difference in your legal recovery and outcome. For over five decades, Friedman, Levy, Goldfarb & Green have helped injured workers throughout New York City deftly navigate legal complexities while maximizing their recoverable damages.
Potential Liable Parties in Accident Claims
To win money damages through the civil courts, plaintiffs must prove liability or negligence on the part of the defendant. Depending on the case, injured construction workers may sue:
A property owner, general contractor, and subcontractor
Manufacturer of defective tools, machinery, or equipment
Negligent drivers who caused a motor vehicle accident
Other negligent parties
Protect Your Rights
Confidence and peace of mind are two of the primary advantages of hiring an experienced New York construction accident lawyer at Friedman, Levy, Goldfarb & Green. Unsure if your job site injury warrants legal action or if the statute of limitations has expired? Find out by speaking with a member of our team. Our attorneys can evaluate the circumstances of your accident and establish whether a civil action is justified.
Contact us for a free consultation
Call today to schedule a free initial consultation. Friedman, Levy, Goldfarb & Green represents construction site workers in New York City, the Bronx, Long Island, Brooklyn, and surrounding communities.
Construction can be dangerous work– worksites are often hectic with many different moving parts. Because of this, there are a number of potential parties that you can sue after an New York City construction accident. In general, you may have grounds to file a lawsuit against any responsible third party.
An experienced personal injury lawyer will know that some of the parties that may be held liable can include– the owner of the property, the general contractor, the manufacturer of the equipment or tools you were using, or the driver of a vehicle that strikes you. Third parties may also include the architect, a general contractor, a subcontractor, the insurer, and the site safety officer.
How Dangerous is Construction Work?
The inherent dangers of construction work are alarming. A study conducted by the Center for Construction Research and Training found that over a 45-year career, a construction worker has a 75 percent chance of suffering from a disabling injury and a 1-in-200 likelihood of succumbing to a construction accident resulting in death.
A Workers’ Compensation Claim may not be Your Only Option
While our attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. do not handle workers’ compensation cases, accident victims are not necessarily limited to this. You may be able to file a lawsuit with a New York construction accident lawyer even if you have already obtained workers’ compensation.
When You Can File a Construction Accident Lawsuit Against Your Employer
Pursuant to New York Labor Law Sections 200, 240(1), and 241(6) and general negligence, construction accident victims may go above and beyond workers compensation and file a lawsuit against their employer if they were negligent and one or more of the following transpired:
The accident resulted from a fall from a height, ladder, or scaffold
The victim fell through an unsecured opening
The victim was struck by a falling object
If one of New York’s multitude of industrial regulations was violated.
The accident was caused by a negligent third party.
Suing the Owner of the Property
The construction site owner and the general contractor, owe a legal duty to provide adequate and reasonable protection for every person at a construction site. If you were injured due to dangerous conditions at the job site, for example a slip and fall accident, you might file a lawsuit against them. In some accidents, this rule may apply to the property owner even if they did not know or control the dangerous condition that caused your accident.
Contractor and Subcontractor Liability
There are often several different contractors working on a construction site. If another company’s worker caused or contributed to your accident, you may be able to sue that contractor.
Car Accident Claims
Automobile accidents can happen anywhere. If you get in a car accident with a negligent driver on the construction site, you can file a personal injury lawsuit against that driver and potentially their employer as well.
Architects May Be Held Liable
While we tend to trust architects to perform their job at a high level, not all of them do, which can have serious consequences for construction workers. If the building or structure where you are working is inherently dangerous or has not been properly inspected, the architect or building engineer may be held liable for any injuries you incur.
Filing a Claim Against a Manufacturer
Construction workers are often required to operate heavy and dangerous machinery and tools including cranes, forklifts, nail guns, welding torches, or chainsaws. If one of those machines or tools malfunctions and thereby causes your accident, you may have grounds for against that manufacturer in a product liability lawsuit.
What can an Attorney Do for You?
As noted, construction accident claims are often highly complex due to several factors, such as the number of different parties that may potentially be liable. With that in mind, at Friedman, Levy, Goldfarb, Green & Bagley, P.C., we always recommend that an accident victim hire a qualified attorney as soon as possible.
Contact us for a free consultation
Our attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. have been representing New Yorkers for more than half a century. We take pride in achieving justice on behalf of our clients. We have secured eight separate financial settlements of at least $1 million on behalf of clients who were victims of construction accidents.
If you or a loved one were injured in an New York City construction accident, call Friedman, Levy, Goldfarb, Green & Bagley, P.C. 24/7 to book your free consultation.
Accidents
at construction sites are rarely straightforward matters. The injuries can be
more severe due to the presence of heavy machinery and materials. Multiple
contractors and subcontractors may be involved. Furthermore, a high level of
construction activity can obscure the exact causes of an accident.
Trust a New York City personal injury lawyer at Manhattan’s Friedman, Levy, Goldfarb, Green & Bagley, P.C. They represent construction workers and third parties who suffer injuries due to construction accidents. Their knowledge and experience in handling construction accidents can help you recover a significantly larger amount of damages than if you were to pursue it without legal representation.
Which Parties
are Liable for Damages in a Construction Accident?
Even
a small construction site might involve a general contractor, one or two
equipment suppliers for scaffolds or machinery, a few subcontractors who
perform specialized jobs, and skilled tradespeople who work on plumbing,
electrical, or HVAC systems.
If, for example, you are injured by a tool that falls from a scaffold, your first instinct might be to pursue the subcontractor who dropped it. That accident, however, might have been the result of the improper installation of the scaffolding. An experienced lawyer will know which parties to pursue to recover the damages that you deserve.
What Damages
Are You Entitled to Recover?
Your
actual medical expenses following a construction accident are the most
objective damages that you might seek to recover on your own. A knowledgeable
and experienced attorney will look at the bigger picture to help you recover
damages for:
your anticipated future medical expenses;
costs of rehabilitation and occupational therapy;
expenses associated with transportation to and from appointments
with doctors;
wages and income opportunities you lost while you were
recuperating from injuries;
your pain and suffering and any psychological trauma you
experienced as a result of the accident.
How Can You
Create a Level Playing Field for Liability and Damages Negotiations?
Construction
companies, material suppliers, and subcontractors generally address liability
issues in construction accidents as a regular part of their business. They
retain teams of defense lawyers to handle hundreds of construction accident
cases every year. You will be at a significant disadvantage if you go up
against those lawyers without legal counsel.
The best way for you to level the playing field and to place the negotiations on equal footing is to retain a New York City construction accident lawyer who has handled an equal number of personal injury and accident claims.
What if You
Are a Construction Site Employee?
Construction
site employees who are injured can collect damages and lost wages through
workers’ compensation insurance and other reimbursement mechanisms. Many
workers’ compensation programs establish difficult thresholds an injured
employee must satisfy before he or she qualifies for benefits, and even then,
those benefits will generally not replace all of their lost wages. They also
will not reimburse the employee for all medical and other costs and expenses.
Most
court systems allow plaintiffs to file “pro se” lawsuits without an attorney, and
if your losses and injuries are small you might not have any other option.
Before you start a “pro se
case,” however, you should at least contact a personal injury lawyer to
determine if you have an opportunity to pursue a larger damages award than you
thought might be available.
Many
accident and injury attorneys provide complimentary consultations and represent
accident victims on a contingency fee basis in which their fees are paid from
damages they collect from the party that caused the accident.
How A Construction Accident Lawyer Lawyer Can Help
There are many benefits to working with a construction accident lawyer because securing the compensation you deserve can be challenging if you have been hurt in New York City or Long Island. Attorneys will advise you on your options while helping you navigate the legal system. Some of the ways we can help include:
Identifying Your Legal Options
Construction accident injuries often present more complex legal issues than most injury cases. For example, your accident may give rise to the potential for a personal injury lawsuit and a workers’ compensation claim.
Often, a worker injured on the job must seek benefits through the workers’ compensation system. This is especially true if the employer is at fault for the injury. However, many third parties are often involved in a construction site, including contractors and visitors. These parties could be the target of an injury lawsuit if they have been negligent. Again, your attorney will identify your legal options in these situations.
Advise You On The Value Of Your Claim
Construction accidents are complex, and it takes careful analysis to determine the approximate amount of your compensation. An attorney will advise you on potential past and future losses, including economic and non-economic damages you might be entitled to recover from the defendant.
Protecting Your Legal Rights
You have the right to pursue legal action following an accident, but that right is not without limits. For example, you must file a legal claim within a limited window of time to recover compensation. Your attorney will ensure you comply with these deadlines.
Negotiating A Settlement
Many construction accident injury cases will ultimately result in a negotiated settlement. Your attorney will negotiate for the compensation you deserve from all of the at-fault parties in your case.
Contact the New
York Construction Site Personal Injury Lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C.
If you suffer a construction site injury anywhere in Manhattan, the Bronx, Brooklyn, Long Island, or elsewhere in New York, please see our website or call Friedman, Levy, Goldfarb, & Green to speak with a personal injury lawyer about how you can recover the largest damages award that may be available.
We
offer complimentary consultations on all construction accident injury cases. If
you retain us and we agree to represent you in your accident and injury case,
we will fight tirelessly to recover the full amount of compensation that you
deserve for your construction site injuries.
If you were injured while working on a construction site, you have important legal rights you should know about. While you are entitled to workers’ compensation benefits for injuries sustained on the job, you may deserve more compensation than is available through the workers’ comp system.
A personal injury lawyer who understands New York’s complex labor laws can help you explore all avenues of compensation and fight to maximize your total financial recovery after a serious construction accident in New York.
Your Recovery Starts Now
Hurt in a accident due to negligence? Our NYC attorneys are ready 24/7 to help you win. No fee unless we recover for you.
Friedman, Levy, Goldfarb, Green & Bagley, P.C. is a trusted legal ally for injured construction workers in Manhattan, the Bronx, Brooklyn, Queens, Staten Island and throughout the NYC metropolitan area.
Our results handling construction accident claims speak for themselves, and include:
$4.2 million settlement for a member of the International Union of Operating Engineers Local 14-14B who fell on the job and was left permanently disabled
$3.4 million settlement for a painter who was injured by falling wall panels.
$3 million settlement for an electrician who was injured when a switch gear fell on his legs.
These are only a few of the outstanding results we have achieved for injured New Yorkers in our more than 50-year history of practicing personal injury law. If you entrust us with your legal claim, an experienced New York construction accident lawyer at our firm can help you understand your rights and fight for the maximum amount of compensation you deserve.
New York Labor Laws: Facts You Should Know
If you were injured while working in construction, New York labor laws will play a key role in your legal efforts to obtain compensation for the losses you have suffered. The following are some of the key labor laws that govern safety and liability on New York construction sites.
New York Labor Law 200
This law requires construction companies, contractors, and other parties to provide a safe working environment for construction workers. Required safety protocols include safety gear, protective railings, fire suppression, lighting and sanitation.
When parties violate this law and a construction worker is injured as a result, the worker generally has a valid cause of action against the at-fault party.
New York Labor Law 240
This is also known as the “scaffold law,” and applies to accidents in which gravity (such as a fall from heights, or a falling object striking a worker from an elevated space) results in an injury. 240 places strict liability on owners and contractors who fail to erect safe and sturdy scaffolds, or who commit other violations regarding work areas that are on scaffolds or other elevated areas.
New York Labor Law 241
This law also requires owners, contractors and their agents to provide a safe working environment for construction workers, with a special emphasis on excavation and demolition. Under 241, these parties must provide for safe elevator shafts, staircases and hatchways. The law also outlines strict guidelines for the construction and treatment of floors during the construction process.
These labor laws apply to construction workers injured in NYC, Long Island, Westchester County, Rockland County or anywhere in the state of New York.
Your Recovery Starts Now
Hurt in on a construction site due to negligence? Our NYC attorneys are ready 24/7 to help you win. No fee unless we recover for you.
A successful personal injury claim requires evidence of negligence or wrongdoing. Our attorneys work tenaciously to uncover evidence of security breaches, faulty equipment, OSHA violations and other acts of carelessness that result in our clients’ construction site injuries.
Some of the most common causes of construction injuries include:
Scaffold collapses
Falling equipment or debris
Falls from heights
Trench collapses
Electrical shocks
Fires and explosions
Heavy equipment accidents
If you were injured on a construction site, you can be certain that the insurance company covering the claim is looking for evidence and testimony that limits their liability. You need a legal ally with the investigative resources to match your legal opponent step for step—and the New York construction accident lawyers at our firm are here to fill that critical role for you.
Statistics on NY Construction Accidents
According to the U.S. Bureau of Labor Statistics, the private construction industry has the highest number of workplace deaths in New York City.
Between July 2019 and July 2020, there were 534 construction site injuries in New York City, which represents a moderate decline over the previous year. However, as post-pandemic life gradually begins to normalize and construction projects ramp up, it remains uncertain if the industry will continue this downward trend.
Nearly 70 percent of all New York construction site injuries occur in Manhattan, and workers in this dangerous industry are five times more likely to be killed on the job than other industries.
Construction Claims Are Unique
While all personal injury claims require knowledge of New York personal injury statutes, construction accidents are unique in how heavily they involve New York labor laws.
When you seek an attorney for a construction site accident claim, you should make sure they are well versed in New York Labor Laws 200, 240, 241 and other statutes governing this complex area of law. Your compensation and the success of your claim may very well depend on it.
What Compensation Is Available?
If you were injured while working, you are entitled to workers’ compensation benefits, which cover:
Medical expenses related to the injury, including emergency room care, hospitalization, medication, surgeries, diagnostic tests, physical therapy and more.
Wage loss, equaling two-thirds of your average weekly wages.
Vocational training if you need help adjusting to other job assignments.
If the circumstances of your injury make you eligible for personal injury compensation, you may also be entitled to monetary damages for:
Future loss of earning capacity
Pain and suffering
Emotional trauma
Diminished quality of life
Scarring and disfigurement
If you have suffered a serious injury on a construction site, you owe it to yourself and your family to seek all available avenues of compensation. A personal injury claim addresses hardships you face today and those you may face far in the future, such as ongoing medical treatment, home health care, adapted living quarters and other expensive needs. If you do not obtain compensation for these hardships, you may find yourself lacking adequate financial resources when you need them the most.
Remember, pursuing a personal injury claim will not affect your workers’ compensation benefits. You have every right to pursue compensation from a negligent party that contributed to your accident—while receiving the workers’ comp benefits to which you are entitled.
The New York construction accident lawyers at our firm will leave no stone unturned in helping you obtain the financial resources you need to pay your bills and rebuild your life after this accident.
Causes of Construction Accidents in New York
There are many ways in which a person can suffer an injury at a construction site. Scaffolding accidents are the most common, accounting for nearly two-thirds of all construction and job site injuries.
Prompt investigations can determine if site managers or contractors violated safety regulations mandated by OSHA– or if other forms of negligence took place. The following are among the most prevalent causes of New York construction site accidents:
Lack of fall protection
Defective or poorly maintained machinery, equipment, and tools
Lack of proper training and supervision
Lack of proper safety equipment
Unsafe work environment
Negligent maintenance or improper construction of scaffolds
While construction sites are notoriously rife with potential hazards, contractors are legally obligated to ensure their site is reasonably safe and compliant with OSHA standards. Reporting an unsafe construction site to the Department of Buildings and OSHA is an effective tool for alerting site managers that their actions, or lack thereof, have been noted by authorities.
The first step in recovering compensation after a New York construction accident is determining who is liable for the damages. Potential defendants might include:
Site Owners
General and Sub-Contractors
Architects and Engineers
Manufacturers of Construction Machinery or Equipment
Insurers
OSHA Compliance Officer
For example, a construction worker is injured by a falling tool that was dropped from a scaffold. The employer would likely be deemed to be negligent if the basic level of care for using tools on scaffolds calls for those tools to be secured. Yet, they failed to do this. Employers and their insurance companies will often argue over what constitutes an acceptable level of care. At Friedman, Levy, Goldfarb, Green & Bagley, we have a wealth of knowledge and experience to win those arguments, place liability squarely on the shoulders of the responsible parties and recover maximum monetary damages for clients.
Moving machinery, power sources, heavy construction materials, scaffolds, and excavations pose obvious safety risks. Data compiled by OSHA lists the most frequent injuries that workers and bystanders experience on construction sites:
Impact trauma and loss of limb from machines, tools, or materials during demolition tasks
This is not an exhaustive list of potential risks or injuries that construction workers or bystanders might experience. Construction sites are dynamic and busy places. When management fails to make safety a top priority, this negligence can lead to many types of injuries, and in some cases, wrongful death.
When a Construction Injury Merits Litigation
Workers’ compensation is a primary source of recompense for a construction accident injury. However, you may discover that workers’ comp insurance payments fail to cover mounting medical expenses or lost income. Employers might also tell their workers that claims for a construction injury are limited to this, but that is not always true.
An employee could have a valid personal injury lawsuit in circumstances where:
Injuries were caused by defective products or toxic substances; in which case the manufacturer may be liable for damages.
An employer’s intentional conduct caused a construction accident injury.
An employer failed to carry worker’s compensation insurance.
A third party caused the injury.
Furthermore, non-employee bystanders who suffer an injury at a construction site may have a viable cause of action against multiple parties that conduct operations there.
New York Construction Accident Lawyer: Experience Matters
A construction accident lawyer in New York can help you pursue fair and just compensation for the losses you have suffered after a scaffold collapse, fall from heights, electrical accident or other accident on a NYC construction site. The attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. have extensive experience handling construction accident claims, and a proven record of success standing up for the injured.
Because construction work is inherently dangerous, the risk of injury to workers is greater than in other industries and workplaces. However, construction workers have a right to a safe work environment. While construction injuries are usually covered under workers’ compensation laws, it may be possible to pursue a lawsuit based on negligence against site owners, contractors, subcontractors, their employees and agents for violations of applicable safety laws.
There are number of causes of construction accident including:
Falls – from roofs, ladders scaffolding and other heights
Falling objects – improperly secured tools, equipment and construction material can fall and strike a worker, causing head, neck, brain and spinal injuries
Equipment accidents – workers can be injured by machinery and equipment such as forklifts, cranes, nails guns and dumpsters
Fires and explosions – hazards arise from exposed wires, flammable materials, blow torches and leaking pipes which can lead to catastrophic injuries and fatalities
Trench/ Building Collapses – workers can be buried, injured and killed in trench collapses or by buildings that are being constructed or demolished
Repetitive Motion Injuries – physical labor often requires bending and lifting that can lead to muscle and joint damage
Respiratory illnesses – as a result of exposure to dust, asbestos, and other pollutants
Construction accidents can lead to a variety of injuries and often times a qualified Construction Accident Lawyer in New York City is needed to get the maximum compensation for injuries and lost wages. For example, many injuries require fingers, toes and limbs to be amputated. In addition, broken bones and fractures are common as are shoulder, knee and ankle injuries. Workers can suffer head or brain injuries from falls or falling objects as well as spinal cord injuries or paralysis. Other common injuries include eye injuries or loss of vision, and hearing loss.
New York State Labor Law allows an injured construction worker to recover for certain types of construction accidents, even if no other workers were involved, such as falling off a ladder or scaffold, falling through an unprotected opening, or something falling onto them.
Friedman, Levy, Goldfarb, Green & Bagley, P.C. has been representing injured construction workers for more than half a century, and we invite you to speak to us about your construction accident.
Because construction work is inherently dangerous, the risk of injury to workers is greater than in other industries and workplaces. However, construction workers have a right to a safe work environment. While construction injuries are usually covered under workers’ compensation laws, it may be possible to pursue a lawsuit based on negligence against site owners, contractors, subcontractors, their employees and agents for violations of applicable safety laws.
