Tradesmen and tradeswomen can rightfully claim to be the first gig workers to proffer their skills to multiple parties at different locations, rather than working for a single employer at one location. Residents of NYC routinely encounter roofers, plumbers, carpenters, electricians, ironworkers, and other tradespeople who provide important construction, maintenance, and repair services at thousands of locations in and around the city every day.
The freedom and variety that tradesmen and tradeswomen enjoy may come at the expense of a higher risk of injuries. Construction site tradespeople who suffer injuries on the job should contact Friedman, Levy, Goldfarb, Green & Bagley, P.C., in Manhattan. Having the right New York construction accident lawyer on your side can make all the difference when it comes to receiving full and fair compensation for your injuries, including money to cover medical bills, lost wages, and reduced earning capacity. Call our law offices today or reach out through our website contact form to discuss your case for free.
Common Tradesperson Injuries
The tradesman injury lawyers at our firm have more than 50 years of experience in recovering damages for injured workers. Common on-the-job injuries for tradespeople include:
Roofers might fall from elevations when they are not given proper safety equipment or training.
Plumbers get hurt in slip-and-fall accidents on wet surfaces.
Carpenters experience injuries from power tools, falling structures, poorly-grounded electrical equipment, and stresses and strains from heavy loads.
Even the most highly-skilled electrician faces risks due to electrical shocks.
Ironworkers might fall from scaffolds or other elevated surfaces and suffer broken bones or head and neck injuries.
Which Parties Might be Liable to Pay Damages for a Tradesperson’s Injuries?
A tradesperson’s work environment exposes him or her to many third parties other than a direct employer. Negligent conduct on the part of any of those third parties will expose them to liability for a tradesperson’s losses and injuries. For example:
Property owners or managers that fail to keep a premises safe or that fail to warn the tradesperson of known dangers may be liable for slip-and-fall injuries.
Negligent contractors or materialmen at a construction site may be responsible for a tradesperson’s injuries that are caused by that negligence.
Scaffolding and equipment suppliers may be liable for injuries caused by defective or poorly-maintained or improperly-installed equipment.
Architects, engineers, and general contractors might bear some professional liability for designs or manufacturing techniques that are inherently dangerous or unsafe.
In every specific case, an experienced tradesman accident lawyer will analyze the work environment and the multiple parties that provide services at the job site to determine which of those contributed to the injuries sustained by the tradesman or tradeswoman.
What Damages Might an Injured Tradesman or Tradeswoman Recover?
A tradesperson who files a slip-and-fall accident lawsuit or other personal injury lawsuit because of an on-the-job injury may have an opportunity to recover economic and non-economic damages above and beyond what they get from a worker’s compensation claim. Those damages might include:
Reimbursement for all current and potential future medical expenses associated with trade-related injuries.
Costs and expenses for transportation to and from physicians’ appointments, and occupational and rehabilitation therapy.
Lost wages that are not earned while the tradesperson is recovering from injuries, and compensation for lost work-related future opportunities.
Damages for pain and suffering, and loss of enjoyment of relationships with family and friends.
These damages may be recoverable even if the tradesperson collects benefits directly from his or her employer’s workers’ compensation insurance carriers. Recovery of the full amount of a tradesperson’s damages is more likely when he or she contacts a construction accident lawyer as soon as possible after the occurrence of a trade-related injury.
Call the Tradesperson Accident Lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C.
Tradesmen and tradeswomen should contact the Manhattan offices of Friedman, Levy, Goldfarb, Green & Bagley, P.C. to speak with a knowledgeable and experienced New York construction accident attorney as soon as possible after suffering injuries in a trade-related accident. We represent tradespeople who have suffered injuries in Manhattan, Long Island, and elsewhere in and around NYC. Call us as soon as you can to begin the process of getting back to your trade after you are hurt on the job.
New York is constantly buzzing with construction. Throughout the city, workers depend on ladders to get the job done. However, ladder accidents are among the most frequent causes of injuries and fatalities on New York City construction sites. Falls from a great distance may cause death or serious injury. However, even a relatively minor fall can result in permanent disability
A New York construction accident attorney at Friedman. Levy. Goldfarb & Green, P. C. will protect your rights and help you receive the compensation you deserve for your injuries.
Ladder accident causes
Reasons for ladder accidents can include:
Missing rungs or steps
Breaks repaired with tape or other quick fixes
Splinters or loose screws on rungs
Uneven ground use
Uneven ladder surface due to dirt or other materials
Electrocution if used near electrical equipment
Use of ladder to create a makeshift bridge
Common types of ladder accidents
Falls are the most common types of accidents. Contributing factors include—ladders that are too short for the worker to safely perform their work, causing the need to stretch. In addition, extension ladders require securing against a structure.
Other common types of ladder accidents include:
Falling objects–Objects placed on a ladder that fall and injure someone are considered ladder accidents.
Improper ladder use–Ladders have weight and height limits. Workers issued the wrong type of ladder are often hurt when used incorrectly.
Tipping ladders–Instability for a variety of reasons can cause the ladder to tip over.
Common injuries from ladder accidents
New York City ladder accidents are often serious. Many prove deadly. Some of the most common injuries resulting from such accidents include:
Broken bones
Facial injuries or disfigurement
Internal injuries
Lacerations
Paralysis
Soft tissue injuries
Traumatic brain injury (TBI)
Who is liable for a ladder accident in New York City?
Because the accident occurred on a construction site, most ladder injuries are subject to workers’ compensation laws. That limits the ability of the injured party to sue. However, there are circumstances under which injured parties may file a personal injury lawsuit. That occurs when a third party is liable for the accident due to negligence or recklessness.
New York City law makes it clear that construction workers must receive ladders that are safe. The law also states that the owner and general contractor must ensure that defective ladders are not used. Unfortunately, that law is often ignored by those responsible for ensuring the safety of their workers. Under threat of firing or other consequences, workers may find themselves forced to use them.
There are many different types of ladders found on construction sites. They all have their specific uses and safety protocols. Workers are required to receive instruction or training on their use. Failure in this regard can lead to liability. New York City labor laws provide additional cover to construction work performed at elevated heights. An employer using defective equipment may face negligence allegations in a personal injury lawsuit.
Other situations that fall outside workers’ compensation include a property owner being held liable if they failed to warn about unsafe conditions and a ladder accident occurred due to these conditions. In addition, liability may fall on the manufacturer if it is defective. Also, while an injured worker may not be able to sue an employer because of workers’ compensation laws, that is not the case if an independent contractor working on the site caused the accident.
Potential compensation available
Potential damages or compensation for a ladder accident in New York City may include:
Medical expenses, current, and future
Lost wages
Loss of future earnings
Pain and suffering
Why it is important to hire a lawyer
A victim of a ladder accident should hire a personal injury lawyer specializing in construction accidents as soon as possible. Without a prompt investigation, critical evidence may disappear. If you were seriously injured on the job in the Bronx or elsewhere in New York City, you need time to recover while your Bronx ladder injury attorney pursues your claim.
Contact a New York City Ladder Accident Lawyer
If you were seriously injured in a New York City construction site fall accident, you need the services of the dedicated construction accident lawyers at Friedman, Levy, Goldfarb & Green. If a family member was killed in a New York City construction site accident, we could help you file a wrongful death lawsuit.
Schedule an appointment for a free consultation. After reviewing your claim, we will discuss your options. Because we work on a contingency basis, there is no fee unless you receive compensation. Hablamos Español.
New York construction workers routinely suffer injuries from falls, contact with vehicles or unguarded machinery, electrical shocks, exposure to silica dust and asbestos, and various other causes. When those injuries cause a fatality, the family should immediately contact the wrongful death lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C. to begin the process of recovering full compensation for their loss.
Why is it important to contact a lawyer after a fatal construction accident?
Fatal construction accidents are inevitably a consequence of another party’s negligence. Even if it is obvious to a neutral party, to collect damages, the family will need the assistance of a New York construction accident lawyer. They will demonstrate which parties were negligent and how it caused the fatal injuries.
Construction sites are dynamic places and the evidence that a lawyer needs can dissipate quickly after a fatal accident. When you retain a lawyer soon after the accident, you substantially improve your opportunity to recover the largest amount of compensation that may be available.
When can you sue for a fatal construction accident?
In New York, a person who suffers an injury due to someone else’s negligence has three years to file a lawsuit. A family that intends to sue for a construction accident wrongful death, however, must file that lawsuit within two years. Wrongful death lawsuits can be filed by the deceased worker’s spouse, children, or parents and by the authorized representative of the worker’s estate.
What damages can the worker’s survivors recover?
In New York, a deceased construction worker’s family can recover damages to compensate them for:
Funeral costs and expenses
The lost wages that the worker would have received for future services
The reduction in the value of the worker’s estate
Medical expenses for treatment of the victim before their death
The victim’s pain and suffering associated with fatal injuries
In every case, the damages that a family can recover will be a function of their specific circumstances. An experienced construction accident attorney is your best resource for an estimate of the compensation that may be available to you.
Who is responsible to pay damages for a fatal construction accident?
Construction sites often involve multiple subcontractors and other parties, each of which might be liable to pay damages for their own negligence that contributed to a fatal accident. Workers’ compensation rules may preclude a lawsuit against a construction worker’s employer, but those rules allow a third-party wrongful death claim. Talk to a construction accident attorney to ensure you do not forfeit any right and opportunity to collect damages from negligent third parties.
Call the New York Construction Accident Attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. for a free consultation
We can help you determine which parties are liable for damages when a family member suffers a fatality at a construction site. We will also analyze the fact patterns to determine its cause and work tirelessly to recover the largest available damages award that can help you deal with the tragedy of an untimely death.
Our intake specialists are available to take your call 24 hours a day and seven days a week. Do not hesitate to call our offices as soon as you can after your family member suffers a fatal construction accident in Manhattan, Long Island, or elsewhere in and around NYC. We have in-depth knowledge of construction site dynamics and will use that knowledge to uncover the reckless and negligent contact that led to a victim’s demise.
Building materials, heavy equipment, and other large objects may fall without warning on a construction site, and when they do, debilitating injuries to workers are always a risk. Falling object injuries, such as a traumatic brain injury (TBI), can take a worker out of their job, and worker’s compensation will not always cover everything. When the bills are mounting and it seems no more compensation is possible, it is essential to speak with an experienced team of New York falling objects lawyers with a track record of getting maximum compensation for construction workers who are hurt on the job – above and beyond the benefits you receive from workers comp. Call Friedman, Levy, Goldfarb, Green & Bagley, P.C. in NYC and Long Island for the top-level advocacy you deserve.
Injuries from Falling Objects: Who is Liable
In a falling object case, it is crucial to determine who is liable. For example, a single individual or entity could be responsible for the accident or the negligence of multiple parties. We could help you evaluate your accident and determine who is at fault.
First of all, a property owner of a residential or commercial building is often at fault–if they fail to address dangerous hazards resulting in falling objects. They have a duty to protect visitors and passers-by. In addition, falling objects occur due to defects in the building. The fault for these injuries could include the architects or engineers responsible for designing the building. In addition, contractors or subcontractors could be liable for negligence during construction. Defective products can also play a part in these cases. For example, when things like scaffolds are faulty, they could collapse and fall.
Identifying the at-fault party is only one part of a successful falling object injury lawsuit. To secure the compensation you deserve, it is vital that you file your lawsuit as soon as possible so that it adheres to the statute of limitations. In general, plaintiffs have three years from the accident. We can ensure you file your case on time and avoid losing the compensation you need to heal and rebuild your life.
Relevant NYC labor laws regarding falling object hazards on construction sites
Considering the danger of falling objects on construction sites, New York City has implemented several labor law measures to help protect workers. The most important of these regulations to protect workers on construction sites from falling objects is Section 240.
NY Labor Law Section 240, the “scaffold law,” covers workers struck by falling objects. The objects covered include building materials, scaffolding, collapsing floors, collapsing ceilings, ladders, and even other workers falling from a height and landing on a coworker.
Additional labor laws to protect construction workers from falling objects include New York Labor Law Section 200 and 241. Section 241 sets standards for how floors are constructed, such as the building materials to be used. 241 also addresses standards for elevators and hoisting apparatuses.
Labor Law Section 200 gives a general duty for owners and contractors to have specific safety standards regarding the positioning, operation, and guarding of all machinery, devices, and equipment, which can help prevent them from breaking loose and falling. Additionally, it provides protections for visitors and sets standards for guardrails and lighting.
Common injuries from falling objects
Despite the use of hardhats on construction sites, falling objects still pose a devastating risk for workers. Some of the most common injuries from a falling object include:
Bone fractures
Crushing injuries
Traumatic brain injuries (TBIs)
Neck and spine injuries
Some of the most common TBIs resulting from falling objects include:
Concussions
Contusions
Hematomas
Open head injuries
Potential compensation
When someone gets hit with a falling object on a construction site, there is unfortunately a high probability of brain or spinal injuries, which can require a lifetime of financial assistance, medical care, or rehabilitation.
There are three types of damages for falling object accidents: Economic, Noneconomic, and Punitive.
Economic damages include those that can be reduced to a mathematical formula to demonstrate what the losses are. This includes:
Lost income from time out at work
Medical bills, including projected future costs, i.e., rehabilitation
Lost earning capacity for long-term disabilities
Property damage
Noneconomic damages are intangible losses that can be difficult to calculate and can require experts to gather and present evidence to define the elements of the claim. These intangible losses can include:
Pain and suffering
Scarring or disfigurement
Emotional distress
Loss of enjoyment of life
In the tragic event of a loss of life resulting from a construction site accident, loved ones will often be able to pursue a wrongful death claim. In the event of a wrongful death lawsuit, survivors will be able to claim the damages named above that the decedent suffered before their death, as well as:
Loss of spousal support
Funeral and burial expenses
Loss of financial support
Loss of services, i.e., caretaker for children or disabled spouse
Lost inheritance
Loss of parental guidance and protection
The court grants punitive damages in the case of particularly bad behavior by the Defendant. While they are rarely awarded, there is no cap on punitive damages in New York. Punitive damages are often substantial amounts to not only punish the bad actor, but also make an example of them to the entire industry.
Compensation can be a difficult calculation. Speaking with a New York construction accident lawyer will help you make sure you are getting the full and fair amount of damages you deserve.
Why you need a lawyer
Construction accidents often require in-depth investigations to determine all causes and liable parties. Third parties such as the building owner and other vendors or sub-contractors may bear part of the responsibility for your injuries. At Friedman, Levy, Goldfarb & Green, we can accurately appraise the value of your case and help you determine when a settlement is right for you or your family, or when it may be time to pursue further litigation to get the money you are owed. Call today for a free consultation!
Construction work sites are safe only to the extent that property owners, employers, managers, contractors, and their agents are diligent about following safety protocols, including maintenance of safety gear and attention to ongoing cleanup requirements to remove all rubble, waste and other physical hazards that could pose a risk to workers.
Under Part 23 of the New York Labor Code, it is property owners, employers, construction site managers, general contractors and their agents who are responsible for ensuring and maintaining safe working conditions on a New York City construction site. Any of these persons can be held liable for code violations that result in a construction worker being injured on the job.
NYC Scaffolding Safety
Section 240 (1) of New York State Labor Law requires that property owners and general contractors provide appropriate safety equipment for construction employees working on a scaffold and other devices on a work site. The law requires that the installation of scaffolding adhere to applicable safety standards and that all ladders, pulleys, hoists, harnesses, and other safety devices must be well-maintained and remain safe to use.
A property owner’s and general contractor’s responsibilities for a safe work site also extend to ensuring that employees constantly keep the site clear of debris and other physical dangers (§241(6) of the New York State Labor Law that could potentially cause an employee to trip, slip, or fall. Other safety provisions that property owners and general contractors are responsible for include the proper securing of safety rails of suitable material to all scaffolding or staging and that making sure that all scaffolding is able to bear up to four times the maximum weight of anyone or anything placed on it or suspended from it when in use.
OSHA Violations and Manhattan Construction Accident Claims
The Occupational Safety and Health Administration (OSHA) recommends the same safety standards for these work sites.
New York State workers’ compensation laws protect construction site employees by providing Workers’ Compensation Coverage to recover costs associated with medical bills and lost income after suffering an injury on the job. In exchange, construction workers are prohibited under these laws from filing an injury claim against an employer or co-worker. But workers’ compensation benefits may not be sufficient to cover all the effects of an accident on a construction site, including pain and suffering. It is often necessary to identify who was responsible for an injury and explore whether the New York State Labor Law supports third party liability.
Third-party Liability for Construction Accident Injuries
A third party in a construction injury lawsuit could be a contractor or subcontractor who failed to enforce safety rules or adhere to proper procedures to prevent an injury; a property owner who controlled a work site and didn’t disclose dangerous conditions at the site; and equipment manufacturers and providers if an injury is related to any product that either wasn’t designed or assembled properly or wasn’t labeled with appropriate directions and warnings. While employers and co-workers typically cannot be named in a work-related personal injury lawsuit, they can be brought into a lawsuit by a third-party defendant if the victim either died partly as a result of their negligence or suffered a serious injury, including partial or full permanent paralysis of part of the body, total loss or loss of use of a limb or another body part, permanent facial disfigurement, and total and permanent blindness or deafness. They can also be brought into a lawsuit if they are identified as the negligent party.
Negligence is often a contributing factor when an employee is injured at a New York construction site and is integral to a claim of construction accident liability. Negligence can include unsafe work conditions, lack of access to safety devices such as harnesses and hard hats, failure to keep a worksite up to code, and non-adherence to safety protocols. Failure to adhere to these safety protocols also includes the necessity of removing debris and other physical dangers that could put workers at risk of an accident. Have you been hurt in a construction accident due to the negligence of another party? Contact us today for a free consultation at Friedman, Levy, Goldfarb, Green & Bagley, P.C.
Proving Negligence
When a negligence claim is filed in court, it’s up to the jury to determine whether or not the defendant took actions that a reasonable person would have taken to safeguard a worksite and protect the workers. However, proving that someone was negligent is only one element necessary to hold a person liable for damages. Each of the below elements must be established for a victim to recover damages:
Existence of Duty of Care: A social contract exists between two parties in a given context that gives rise to certain legal obligations. Examples include the duty of care that manufacturers owe their customers to market safe products or medical practitioners who owe their patients a standard of care that meets established medical protocols. Similarly, the duty of care that an employer owes its workers and other visitors to the construction site is to ensure the worksite is safe and secure from hazards.
Breach of Duty of Care: The duty of care is breached when one party fails to behave as a “reasonable person” by not honoring their legal obligation to the other party by following appropriate safety measures.
Causation: A New York construction accident lawyer must prove that the at-fault person’s actions were directly responsible for a worker getting injured. When physical evidence cannot be produced, the causation claim can sometimes be supported by the testimony of an expert witness such as one with experience in reconstructing accidents.
Damages: To be awarded damages for a personal injury claim, you must show proof of financial loss, including medical and rehabilitation expenses, lost income, travel costs, and personal care expenses. You can also be compensated for non-financial losses such as pain and suffering, permanent disabilities, and severe scarring that result from an injury. Keeping documentation of all such expenses, as well as evidence of the physical and emotional damages from an accident, are essential to winning your claim in court.
In New York State, there are also statutory Labor Laws which can hold a property owner and/or a general contractor liable for a worker’s injuries even if they are not directly responsible. A New York construction accident attorney will identify these cases.
Contact a New York Construction Accidents Attorney Today
For more than 50 years, our attorneys at Friedman, Levy, Goldfarb, Green & Bagley have handled and won many personal injury cases. We are committed to seeking justice for all our clients. Our law firm was founded on the principle that all people are entitled to trustworthy and skilled representation. So if you’ve been injured in a construction accident, contact us today for a free consultation. There are no upfront legal fees because we work on a contingency basis.
When construction equipment is properly designed, manufactured, and used for its intended purpose, it should never expose a user to unreasonable safety hazards. If an equipment hazard does exist and a user is injured as a result, that user has a right to sue for damages to compensate for his or her injuries.
If you have been injured as a result of a defective piece of construction equipment, call Friedman, Levy, Goldfarb, Green & Bagley, P.C., in Manhattan to speak with a New York construction accident lawyer who can advise you on your right to recover compensation for your losses. We understand the dangers that are inherent in the use of all types of construction equipment, and we fight to hold manufacturers, contractors, and building owners accountable when unsafe or defective equipment leaves a construction employee unable to work because of his or her injuries.
An equipment manufacturer may be liable for injuries caused by defective equipment
You may have a right to sue an equipment manufacturer directly for product defects if a piece of construction equipment was:
Negligently designed such that it caused an injury when it was used fully in accordance with its intended use and purpose (i.e., the equipment was inherently defective)
Manufactured improperly or made with substandard materials that failed and caused your injury
Marketed or sold on a premise that the equipment could provide certain functionality that it was not able to provide, and that inability led to your injury.
Further, equipment manufacturers are obligated to warn users about risks and hazards that may arise in the normal use of the equipment. Failure to provide adequate warnings may be an additional source of the manufacturer’s liability.
Certain third parties may also be liable for injuries caused by defective manufacturing equipment
You might also have a third party liability claim if you were injured by defective equipment at a New York construction job site if a party other than the equipment manufacturer:
Modified the equipment to reduce or eliminate built-in safeguards
Failed to maintain or repair the equipment
Did not provide proper training or supervision in the use of the equipment
Required you to use the equipment in a manner for which it was not designed
Under New York law, you have three years from the date of an accident to file your lawsuit for injuries that were caused by an equipment manufacturer’s or a third party’s negligence. You should contact a construction accident attorney as soon as possible within that three-year period, and preferably while the defective equipment is still available for inspection and analysis.
Call the Construction Accident Lawyers at Friedman, Levy, Goldfarb, Green & Bagley, P.C.
Please call the Manhattan offices of Friedman, Levy, Goldfarb, Green & Bagley, P.C. after you were injured by defective construction equipment at a New York job site. You may be entitled to recover a substantially larger amount of damages in a product liability lawsuit than you are receiving through a workers’ compensation claim. Our construction accident lawyers will review your case and identify any parties that may bear liability for your losses and injuries. Call today for a free consultation.
Construction sites in New York City are everywhere and come with an increased risk of injury for workers and passers-by alike. Being run over or backed over by a construction vehicle can cause severe injuries, and these accidents are a common cause of fatalities. When one of these injuries occurs, it is essential to speak with a construction vehicle accident lawyer familiar with the industry and legal issues involved. The knowledgeable attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C., have years of experience in navigating the complicated regulatory, financial, and legal issues that arise out of claims resulting from one of NYC’s most highly-regulated and dangerous industries.
Types of Vehicles Commonly Involved in Run Over Accidents
The vehicles used on construction sites are often large, difficult to maneuver, require sophisticated maintenance to keep in safe working order, and can have larger blind spots than the cars and trucks most are familiar with. Additionally, the environments they maneuver in can be more hazardous, extensive regulations regarding the use of such equipment, such as requiring safety equipment like rear view mirrors, cameras, and alarms have been instituted. However, not every site adequately follows these guidelines, and accidents can occur regardless.
Some of the heavy equipment and vehicles transporting them that are often on NYC construction sites include:
Cranes
Bulldozers
Forklifts
Excavator
Cement mixer
Dump trucks
Front-end loaders
Lifts
Common Injuries
The heavy equipment and vehicles used at construction sites can cause severe injuries. Some of the common injuries resulting from a run over accident with heavy vehicles include:
Crushing injuries
Amputation
Disfigurement
Broken bones
PTSD resulting from a severe physical injury
Who May Be Liable
There are several parties that have responsibility for safety on a construction site. Depending upon the circumstances of the accident, multiple parties may be at fault. A lawsuit resulting from a construction site injury can include claims against:
The project owner
The manufacturer of the vehicle
The general contractor
A subcontractor
An architect or site engineer
Even if an injured party is a worker who files a worker’s compensation claim, this claim will only discharge the liability of a worker’s employer covered by the policy. There may be third-party liability for manufacturers, work zone premises owners, and other third parties whose liability will not be discharged through a worker’s compensation settlement.
Potential Damages and Compensation
There are three basic types of damages for construction site personal injury cases, such as a heavy equipment operator accidents or slip and falls: Economic, Noneconomic and Punitive.
Economic damages include those that can be reduced to a mathematical formula to demonstrate what the losses are. This includes:
Medical bills, including projected future costs, i.e. rehabilitation
Lost income from time out at work
Lost earning capacity for long-term disabilities
Property damage
Noneconomic are intangible losses that can be difficult to calculate, and can require experts to gather and present evidence to define the elements of the claim. These intangible losses can include:
Pain and suffering
Loss of enjoyment of life
Scarring or disfigurement
Emotional distress
In the tragic event of a loss of life resulting from a construction vehicle accident, loved ones will often be able to pursue a wrongful death claim. In the event of a wrongful death lawsuit, the goal of the courts is to attempt to compensate survivors for the support the decedent would have offered throughout their life. Survivors will be able to claim the damages named above that the decedent suffered before their death, as well as:
Funeral and burial expenses
Loss of financial support
Loss of parental guidance and protection
Loss of spousal support
Loss of services, i.e., caretaker for children or disabled spouse
Lost inheritance
Punitive damages are awarded, as implied by the name, as a punishment for particularly egregious actions by the Defendant.
How Friedman, Levy, Goldfarb, Green & Bagley, P.C. Can Help
Construction zone accidents in general, and construction vehicle accidents in particular, are complicated: they require understanding industry-specific standards and norms, experience calculating catastrophic injury damages, and investigating liability in ways to go above and beyond a worker’s compensation claim in the case of an on-the-job injury. When this happens, speaking with a New York construction accident lawyer can provide important guidance and context. Call for a free consultation.
From day one, they made it clear that my health was their priority. They never pressured me into seeing “their” doctors or taking steps that didn’t make sense for my recovery. Instead, they encouraged me to find care that genuinely worked for me. That kind of integrity is rare. 5+ stars” Scott S. ★★★★★
Large tower cranes at construction sites are a familiar sight in New York. The heavy lifting machinery used to erect and maintain buildings, roads, and bridges is central to construction. There are at least 10 types of cranes used by construction firms, and each one poses its own risks to construction workers and crane operators. Construction workers who have suffered serious injuries due to negligence can consult with a New York crane accident lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C.
We have represented crane accident victims for over 50 years in construction accident lawsuits in Manhattan, Brooklyn, Staten Island, and the greater NYC metropolitan area. A New York construction accident lawyer from our firm will fight for your right to recover compensation for your damages and losses so you can focus on healing. Schedule a free consultation today.
Crane accidents can have multiple causes and multiple negligent parties. An experienced crane accident lawyer can review the facts of your accident and determine who to pursue for compensation. They will also have the in-depth technical knowledge to understand if the crane was erected, maintained, and operated properly. They can also determine if it was the correct type of crane for the job and if it was being used within its load limits. This knowledge and information form the basis for showing negligence that justifies a more significant damages award.
The Role of a Crane Accident Attorney in Seeking Justice for an Injured Victim
Even when a party’s negligence is apparent, their insurance carriers will often challenge claims for compensation. They might argue that an accident victim’s injuries are insubstantial or do not merit a large damages award. However, a New York personal injury lawyer will build a compelling argument for fair and reasonable compensation. That process might include:
Investigating the accident and preserving all critical evidence
Assessing an injured party’s damages, which can include medical costs and expenses, lost wages and earnings, and compensation for pain and suffering
Establishing proper channels of communication with all relevant parties and verifying that insurance companies and their claims adjusters communicate only through the attorney and not directly with the crane accident victim
Compiling a thorough claims package, negotiating settlements, and litigating claims when liable parties are unwilling to settle for fair compensation.
Crane accidents are largely preventable with proper maintenance, operator training, supervision, and fall protection measures. However, when you’ve been seriously injured on the job or as a bystander, you need a New York construction accident lawyer who is well-versed in local and federal laws. The law firm of Friedman, Levy, Goldfarb, Green & Bagley, P.C. has been fighting for victims of construction accidents for over 50 years.
To properly protect your rights to fair compensation, it’s essential to work with a New York crane accident lawyer who can determine liability and hold negligent parties accountable. Our attorneys are fierce advocates whose aggressive approach to construction site injuries has garnered numerous high-dollar settlements and verdicts. Let us navigate the legal process after a serious accident so that you can focus on your health and recovery.
Charles E. Green
Charles E. Green is the managing partner at Friedman, Levy, Goldfarb, Green & Bagley, P.C.
Crane accidents are the result of several different malfunctions or negligence. These large structures can create catastrophic accidents with a wide range of serious injuries, e.g., from electrocution to a collapse. There are also specific requirements regarding load hoisting procedures, authorized operation, inspections, capacity, and braking mechanisms. Understanding the different types of accidents is an essential first step in a personal injury case. Some examples include the following:
Contact with power lines. While many accidents involve cranes striking nearby workers, serious injuries can also occur when these machines hit overhead power lines—which can increase the risk of electrocution.
Improper use. Most cranes are not inherently dangerous when used correctly. But unfortunately, many operators use them outside the scope of the manufacturer’s specifications. This is dangerous because the safeguards built into these cranes only work when they are used correctly.
Poor crane setup. A significant part of crane safety is ensuring that they are set up correctly. When cranes are erected on uneven ground, for example, the chances that they will fall over or collapse are greater. In fact, it is a common cause of accidents.
Miscommunication. Accidents can also happen when workers miscommunicate. It is most common in situations where workers fail to use proper hand signals or make use of communication technology.
Other potential causes of crane accidents include:
Rigging and hoisting failures
Unstable load drops
Crane boom collapse
Inadequate training and licensure of crane operators
Lack of supervision
Equipment malfunction or failure
Negligent maintenance
Inappropriate use of equipment
Lack of routine inspections
Failure to follow operational protocols
Structural failures
Negligent crane installation
Lack of stabilizing outriggers
No matter how your crane accident happened, you should discuss your options with experienced legal counsel. The attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. can evaluate your case and provide a clear picture of its value.
According to the Bureau of Labor and Statistics, crane accidents are responsible for killing approximately 44 people every year in the U.S. Those victims who do survive a crane accident often wind up with debilitating injuries that can lead to permanent disability. Crane accident injuries can include:
Broken bones
Degloving
Spinal cord damage leading to paralysis
Loss of limb
Traumatic amputation
Severe burns
Crushing injuries
Herniated and compressed discs
Head trauma
Concussion and traumatic brain injury
Organ damage
Death
We help injured construction workers as well as pedestrians who suffered harm because safety protocols were not followed. Get the justice you deserve by working with a New York crane accident attorney with the resources to build a solid case and take on well-funded defendants.
Why You Need a Crane Accident Attorney
Construction cranes are marvels of modern engineering requiring highly-skilled tradespersons for assembly, use, and tear-down. Just as no construction project would allow a worker with limited knowledge about cranes to erect or operate one, no person suffering severe injuries in a crane accident should retain a lawyer with limited experience in crane accident lawsuits.
Most crane accident injuries are the result from:
Cranes that collapse due to improper setup or use in hazardous conditions
Contact between a crane and overhead power lines
Inadequate training or supervision of a crane operator
Mechanical failure due to poor maintenance or repair of the crane.
If you are seeking compensation for your crane accident injuries, the lawyer that you retain should analyze the cause of the accident to determine which of several parties at a construction site might be liable for your damages. Most personal injury lawyers will understand how a party’s negligence can give rise to liability. However, a construction accident lawyer with in-depth knowledge of crane operation will delve deeper into the complex dynamics of crane usage at construction sites. They do this to uncover all potential sources of compensation for your injuries.
In addition, a dedicated crane accident attorney will also have a deeper understanding of the extent of the injuries you might suffer, the challenges you face at a New York construction site, and the damages you can recover. Construction employers and insurers who are liable to pay your damages will inevitably offer low settlements and downplay the seriousness of your injuries. They may do this by comparing your accident to generic construction accidents.
Those generic accidents will likely have little or nothing in common with the types of crane accidents that happen in New York, where construction sites are tightly drawn with workers in close proximity to each other. A New York crane accident lawyer will also emphasize local rules, regulations, and practices that are specific to NYC construction sites. This can give an injured construction worker a stronger case for recovering a large damages award.
Your employer or other parties might try to dissuade you from retaining a lawyer to help with your crane accident construction claims. However, remember that serious injuries might require medical care and therapy for months, years, or even the rest of your life. The settlement offer you will get if you pursue your claims without a lawyer will likely focus solely on your immediate medical bills and a short period of lost wages. It will usually not factor in your long-term potential financial losses or the pain and suffering you experience.
An experienced construction and crane accident attorney will look at your entire range of present and future damages and will fight to recover the full measure of compensation you deserve.
Filing a Crane Accident Lawsuit
Our legal team will investigate the cause of the crane accident to determine if a lawsuit is warranted against a third party. These legal claims are primarily based on theories of negligence. If it is found that defective machinery or mechanical parts caused or contributed to the crane accident, victims could pursue a product liability lawsuit.
Those who have waived their right to sue their employer by receiving workers’ comp benefits can still take legal action against other negligent parties. Under New York labor laws, victims may have a valid claim for compensation against a property owner, an onsite contractor, engineers, maintenance companies, or crane owners.
A detailed investigation is key to identifying all liable parties and building a strong claim for damages.
Compensation Available to Victims
Construction site injuries are often devastating and may warrant various damages through civil litigation. Compensation may include transportation costs to commute to and from appointments, amounts invoiced to you for physical and occupational therapy, and expenses you incur to modify your living quarters to accommodate mobility problems associated with your injuries.
You may also have a significant damages claim for your pain and suffering, emotional distress, permanent disability, scarring and disfigurement, diminished earning capacity, and loss of enjoyment of life.
A personal injury or product liability lawsuit can seek damages for a wide range of losses, including:
Hospital and medical expenses
Ongoing physical therapy
Lost income and wages
Loss of future earnings
Assistive medical devices and equipment
Pain and suffering
Emotional anguish
In-home nursing care
Lost quality of life
Our legal team has the experience and knowledge to build solid injury claims supported by factual evidence and expert opinions.
In New York, all personal injury actions must be filed within three years of the accident. This applies to crane accident claims that stem from negligence. If you have questions about the applicable statute of limitations for your construction site injury, don’t hesitate to reach out to our New York law firm.
Remember, it takes time to investigate and gather evidence, so it’s always wise to consult an attorney as soon as possible after your injury.
Choose the Right Crane Accident Lawyer in New York
For unrivaled personal injury representation after a crane accident, call the New York City law firm of Friedman, Levy, Goldfarb, Green & Bagley, P.C. The initial case review is free, and there are no costs unless we collect compensation on your behalf. We serve clients throughout the greater New York City area and Long Island.
When you visit a healthcare provider in Westchester County – be it a doctor, surgeon, or dentist – you trust that you are in capable hands. We rely on medical professionals to diagnose our illnesses, heal our injuries, and improve our health. Over the last two decades, medical negligence claims in New York and across the nation have been steadily increasing. Not only are there more medical malpractice lawsuits being filed against doctors and hospitals, the resulting damages awards are also higher. According to recent statistics, nearly all states have seen an uptick in multimillion-dollar medical malpractice jury verdicts.
If you suspect that malpractice is the cause of your injuries, or those of a loved one, the law firm of Friedman, Levy, Goldfarb & Green is poised to help. Over the past 50 years, our legal team has recovered millions of dollars in settlements and verdicts on behalf of injured clients, including residents of White Plains, Yonkers, and the surrounding communities. We are veteran trial attorneys who fight for the rights of clients injured by those who have taken an oath to do no harm.
Schedule a free consultation with medical malpractice lawyers in Westchester County, NY, who are dedicated to your full recovery.
Medical Malpractice Claims in Westchester County, NY
New York’s Westchester County is home to numerous full-service hospitals, specialty clinics, urgent care centers, and highly-rated facilities that provide in-patient and outpatient care. But even the best-trained surgeons and physicians can make mistakes. Whether your medical provider took too long to make a correct diagnosis, or administered the wrong medication, these lapses can result in devastating consequences for victims and their families.
There are many situations that involve medical malpractice. It is our job to prove that healthcare providers or hospitals departed from the “standard of care,” and that this negligence caused your suffering and resulting hardships. The following are just some examples of claims handled by our Westchester malpractice attorneys.
Delivery malpractice that results in birth injuries
Wrong site surgery
Misdiagnosis and late diagnosis
Anesthesia errors
Medication mistakes
Failure to diagnose
Emergency room negligence
Unnecessary medical procedures or treatment
Hospital-acquired post-op infections
Proving that a physician, nurse, midwife, or other medical professional departed from the accepted “standard of care” entails exhaustive legal analysis, thorough investigations, and expert testimony. It’s important to align yourself with a skilled Westchester medical malpractice lawyer who has the knowledge and resources to maximize your chances of a fair legal recovery.
In Westchester County, New York, claimants generally have two and a half years from the date of the alleged malpractice to file suit. If the claimant is suing for the wrongful death of a family member, the action must be filed within two years of the decedent’s passing. As always, there are exceptions that can toll or reduce the time frame for bringing a malpractice claim in New York. Cases filed against medical facilities operated by the municipality or the State of New York have special requirements, which underscores the need for competent legal counsel.
Potential Defendants in Malpractice Cases
Healthcare practitioners like family physicians, anesthesiologists, paramedics, and nurses may be sued for the negligent actions and omissions that caused your injuries and damages. In some cases, defendants may include hospitals, medical partnerships, or healthcare systems that hired and employed the medical professional being sued.
Our attorneys have a proven track record winning complex medical malpractice cases and are passionate about securing justice and fair reparations for our clients.
Basic Requirements for Proving a Medical Malpractice Claim
To receive financial compensation for a medical malpractice claim, you will need to prove four basic requirements by a preponderance of the evidence—meaning it is more likely than not–that you were a victim of medical malpractice. The four requirements are as follows:
1. A medical professional-patient relationship was established
This is typically the easiest to meet. However, if several specialists have seen you, it can become complex. For example, you may pursue a claim against a medical professional you only saw intermittently. In cases where this relationship is contested, you must provide testimony and documents proving that you chose to be treated by them. In addition, this doctor must have treated you for a health condition or problem, and the treatment was ongoing at the time of the alleged medical malpractice.
2. The medical professional was negligent due to a breach of the duty of care that you were owed
Medical professionals and facilities that treat you are held to a standard of care. It requires them to provide the same degree of care and skill that a competent medical professional or facility–in the same medical field–in your geographical area would provide. However, medical professionals and treatment facilities are unlikely to admit that they breached this standard of care. An experienced attorney will have the experience, knowledge, and resources to prove this requirement on your behalf.
To begin with, you will need a qualified expert witness–typically another medical professional in the same field and geographical area–to testify as to what a reasonable standard of care would have been in your case. Once that has been established, through medical records and an expert witness–perhaps the same one–your lawyer will need to show how the treatment you received fell below that standard of care.
3. You suffered damages which can be economic or non-economic
You must have suffered economic or non-economic damages as a result of the medical malpractice. As noted, some of the most common economic damages that medical malpractice victims sustain are medical bills, lost wages, and loss of earning capacity. Some of the most common non-economic damages are physical and emotional pain and suffering, and loss of companionship. Economic damages can be simpler to prove because they are often more easily documented. Non-economic damages may need to be proven through testimony from other medical professionals, friends, relatives, or co-workers.
4. The medical professional’s negligence actually and proximately caused your damages
Your attorney will likely utilize your medical records and expert testimony to prove actual and proximate cause.
What are Actual Causation and Proximate Causation?
Actual causation is commonly referred to as the “cause in fact.” In other words, did the medical professional’s negligence actually cause your harm? This can be complex, so two tests determine it:
The “but for” test. This essentially asks whether the harm you suffered would still have occurred “but for” the medical professional’s negligence. Would it still have happened if the medical professional had not been negligent?
The “substantial factor” test. Some cases are highly complex and may involve multiple negligent parties. So, it may be challenging to identify one party who was the sole cause of your injuries. For example, in personal injury law, let’s say you were driving your car, and as you approached an intersection, Driver A was distracted and ran a red light and T-boned your car from the right. At that same moment, Driver B was drunk, ran a red light, and T-boned you from the left. It would be impossible to decipher under the “but for test.” So, the court would use the “substantial factor” test, which determines whose negligence was a substantial factor in causing your injuries. In this example, both Driver A and Driver B were equally negligent.
In addition, the proximate cause determines whether it was reasonably foreseeable that the defendant’s negligence would lead to the injuries you have suffered. For example, a doctor misdiagnoses a cardiac condition, and you suffer a heart attack. It would have been reasonably foreseeable that you might fall victim to a heart attack from a misdiagnosis. Because of the complexity of these cases, it takes a skilled legal team who specializes in the areas of personal injury and medical malpractice law to win the damages you need to rebuild your life.
Westchester County Malpractice Lawsuit Compensation
The primary goal of suing for medical malpractice is to hold negligent persons accountable for their actions – or inaction — while recovering money damages for the resulting burdens and hardships.
Both economic and non-economic damages may be available to compensate for losses such as:
Medical and hospital expenses
Ongoing care and rehabilitation
Lost wages and work-related benefits
Pain and suffering
Loss of future earnings
Assistive devices and home adaptions
Diminished enjoyment of life
Emotional distress
Loss of consortium
New York is one of the few states that does not cap damage amounts in medical malpractice payouts. This means that plaintiffs in Yonkers and White Plains typically net larger awards when compared to the national average.
Consult With a Medical Malpractice Attorney Westchester County Residents Trust
Friedman, Levy, Goldfarb & Green has decades of experience successfully handling medical malpractice claims. After being injured by a healthcare provider, you need effective and skilled legal representation. Discuss your claim with a trusted Westchester County personal injury attorney today. The consultation is free, and there are no attorney fees unless we win money in your case.
