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Despite substantial improvements in construction site safety, workers, visitors, and passers-by continue to suffer serious injuries from construction site mishaps. Accidents and injuries can occur at any construction site, whether in Westchester County or elsewhere in New York State and throughout the country.

Individuals who are injured in construction site accidents in White Plains, Yonkers, or elsewhere should immediately contact a Westchester County personal injury lawyer. For experienced representation in lawsuits to recover damages for their injuries, they should contact a Westchester construction accident lawyer at Friedman, Levy, Goldfarb & Green.

We have helped injured construction workers and others for more than 50 years. Our lawyers have helped recover the largest available compensation they deserve when someone else’s negligence at a construction site has caused their injuries.

Types of Construction Accidents an Attorney Can Help With

The types of accidents at a construction site are almost as varied as the variety of construction projects themselves. 

The more common accidents include the following:

• Employees or site visitors being struck by construction materials or tools that fall from high elevations
• Electrocutions from poorly-grounded or loose electrical wiring
• Injuries from collisions with construction vehicles, including cranes that collapse if they are not stabilized correctly
• Crushed limbs caused by unsecured equipment or heavy materials
• Asphyxiation from collapsed construction pits
• Lung damage from inhalation of toxic fumes
• Burns from chemicals or hot surfaces
• Falling from scaffolds, ladders, or other elevated surfaces
• Serious lacerations from sharp surfaces or edges
• Trip and fall injuries due to known but unremedied construction site hazards
• Injuries caused by poorly-maintained power tools or by misuse of those tools by untrained personnel.

Retaining a skilled construction accident lawyer soon after the accident will give them a better opportunity to investigate the cause. They can also secure the evidence needed to assign liability to negligent parties and recover damages from them.

Construction sites are dynamic places, and the evidence you need to prove your personal injury lawsuit can be lost quickly after the accident. That evidence might include, for example, the tool or object that fell from an elevated location, witnesses’ memories of how the accident happened, and conditions in the construction site where the accident occurred.

Further, you might initially believe that your injuries are minor. Regardless, you should always go for a medical examination to establish a baseline for the injuries that you sustained. If you delay seeking medical treatment, the negligent party that caused the accident can argue that your injuries are due to an event after the accident. They can also claim that you are responsible for the exacerbation of your injuries because you delayed seeking treatment.

When you retain an attorney to help you recover compensation, they will need to show that one or more parties at the construction site were negligent and that negligence was the direct and proximate cause of your accident. Further, they will also need to show you suffered injuries and monetary damages due to those injuries. 

Injured construction workers should contact a Westchester Construction Accident Lawyer

Construction workers should understand that their rights to recover damages may not be limited to their workers’ compensation benefits. In most cases, those benefits will only cover a portion of an injured worker’s actual medical bills and lost wages. However, if the injury was caused by the negligence of another party, (not including the employer) the worker could file a personal injury lawsuit. They can seek reimbursement for future medical expenses, therapy costs, and damages for pain and suffering.

In some limited situations, they might also be able to sue their employer for damages beyond any workers’ compensation recovery. Injured workers should always consult with a construction accident attorney in Westchester County to understand their full rights.

New York state has specific laws for scaffold accidents at construction sites.

New York State has enacted a unique law that imposes liability on owners and general contractors for construction site accidents involving scaffolds. The State’s Industrial Code and labor laws further obligate site managers to exercise strict control over how scaffolds are erected and what safety systems must be employed in their use. A site manager or general contractor that violates these laws may be liable for all injuries.

Construction site accidents are not limited to employees

Site visitors and other parties passing by or through a construction zone may also be at risk for injuries. Negligently secured tools or construction materials might be dropped from heights and strike a passing pedestrian. Pathways around construction can be cluttered with debris that can cause a serious trip-and-fall accident.

The most crucial step that any injured party can take is to contact a construction accident lawyer as soon as possible after the accident. New York State gives an injured party three years to file a personal injury negligence lawsuit. However, an injured party’s ability to recover damages will always be a function of the facts and circumstances surrounding the accident. Construction sites are very dynamic places. Details of an accident are best obtained soon after it has happened.

Call us to recover maximum damages in a construction accident lawsuit

Please call the personal injury attorneys at New York’s Friedman, Levy, Goldfarb & Green, P. C. after you have sustained serious injuries in a Westchester County construction accident. This will give you the best opportunity to have the evidence in your case analyzed while it is still fresh. 

If you retain our firm and we accept your case, we will provide a fair and confidential evaluation of your ability to collect damages from the negligent construction site party. We will also estimate the range of damages that you might be entitled to recover. Schedule a free consultation today.

Construction sites are common on Long Island, whether it’s a new office building in Glen Cove or an apartment complex in Oyster Bay. These individuals work hard to earn their wages, but unfortunately, they are often exposed to dangerous conditions that can cause serious, life-changing, or even fatal injuries.

If this has happened to you or a loved one, contact us at Friedman, Levy, Goldfarb & Green, P. C. for a free consultation. We are a client-focused firm that fights for the rights of our clients. 

Common Examples of Construction Accidents

If you work in construction, you have the right to safe working conditions. However, not all construction sites follow state and city-mandated guidelines, resulting in serious consequences for workers and their families. Here are some common situations that may give rise to a construction accident lawsuit:

• Falling ladders. These can occur due to the ladder being defective or ones that are negligently built on-site.
• Slip or trip and fall accidents. Unattended spills of dangerous chemicals or even a misplaced tool can cause a slip, trip and fall.
• Scaffold collapses:  Whenever the rigging is insufficient to support the load or platforms are not fully planked, or are too narrow to use safely, or even if the counterweights are missing– all of the above can cause a scaffold to collapse.
• Forklift accidents: This may include an overloaded truck, operating in an area with insufficient space, malfunctioning or disabled backup alarms, or driving off of a loading dock.
• Crane collapses: This is very serious and leads to many injuries, including passers-by.  
• Excavation and trenching accidents: Trenches must be adequately shored and guarded, inspected daily, and contain adequate exit options.
• Defective machinery: When power tools, heavy machinery, and other tools malfunction, the results can be catastrophic.
• Electrocution: This can be caused by overhead or underground contact with electrical wiring.

Construction Accidents Can Cause Life-Changing Injuries

Some of the injuries commonly associated with construction accidents include the following:

• Burns
• Lacerations and cuts
• Permanent scarring or disfigurement
• Bone fractures and breaks
• Electrocution
• Illnesses that are caused by exposure to toxic chemicals
• Loss of hearing or vision
• Injured joints or ligaments
• Organ damage
• Neck, spine, and back injuries
• Head injuries, including Traumatic Brain Injury (TBI)
• Amputations
• Paralysis
• Death

Types of Damages That Construction Accident Victims May Seek

Some of the types of damages that you may seek include:

• All medical bills. This can include transportation via ambulance or helicopter, emergency room visits, hospital stays, surgeries, procedures, doctors’ appointments, prescription medication, physical therapy, psychological therapy, assistive devices, in-home care, and home modifications to accommodate your newly-incurred disabilities
• Lost wages. If you’re too hurt to work, you cannot support your family. A successful lawsuit can recover this amount and the loss of future earning potential.
• Pain and suffering. You may be eligible to receive compensation for chronic pain.
• Loss of consortium and loss of companionship. If your injuries are so severe that you cannot enjoy life with your partner or family, this loss can be compensated as well.

How Do I Know Who to Sue for My Accident?

Several different entities may be liable via a third-party claim if you are injured in a construction accident. This may provide a much greater financial recovery for you than workers’ compensation.

An experienced construction accident attorney can play a crucial role in identifying those parties. Because this is complex, we advise our clients to consult with a Long Island personal injury lawyer. Some of the third parties that may be liable include the following:

• The owner of the property
• The contractors or subcontractors
• Architects
• Engineers
• Manufacturers of the equipment that injured you

Contact Us for a Free Consultation

Our attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. have aggressively pursued justice for injured New Yorkers for more than half a century. For example, a client was painting Hell’s Gate Bridge in Queens when his scaffold broke. We reached a $3.167 million settlement on his behalf before trial.If you have been injured in a construction accident, contact us speak with a Long Island construction accident lawyer. We work on a contingency fee basis, and there are no upfront legal fees.

If you were hurt while working construction in Queens or have a family member in the industry who was injured on the job, a skilled attorney could protect your rights to full and fair compensation. New York personal injury law firm, Friedman, Levy, Goldfarb & Green, leverages more than 50 years of experience handling complex construction accident claims.

Explore your legal options with a Queens construction accident lawyer after being injured on the job. The initial consultation is free, and there are no attorney fees unless we win compensation in your case.

Talk with an experienced personal injury attorney for a free consultation!

The US Bureau of Labor Statistics on Construction Accidents

The US Bureau of Labor Statistics reported 976 construction accident-related fatalities in 2020, accounting for nearly half of the nation’s workplace deaths. New York City’s construction industry is notoriously dangerous. Workers are routinely denied adequate safety equipment and subject to hazardous conditions that violate State and Federal Labor Laws. Just last year, 61 construction workers in Queens suffered serious injuries on the job, and two died in occupational accidents.

While falls continue to account for the lion’s share of construction site injuries and fatalities, electrocutions, equipment failures, and falling objects also contribute to these senseless tragedies.

Preventable Causes of Construction Accidents

The New York Committee for Occupational Safety and Health (NYCOSH) has repeatedly found that construction sites with logged Occupational Safety and Health Administration (OSHA) violations have a higher incidence of accidents and fatalities. The following represents the top violations cited during OSHA inspections of construction sites:

• Lack of adequate fall protection
• Lack of machine guarding
• Insufficient respiratory protection
• Control of hazardous energy
• Lack of face and eye protection
• Hazardous scaffolding
• Failure to implement fall protection systems
• Inadequate hazard communication

Hire a Construction Accident Lawyer Queens Residents Trust

When you hire a Queens personal injury lawyer at our firm, you gain a skilled advocate who will fight for the damages to which you are entitled. Our legal team combs through every detail of your accident to determine if you have a valid third-party claim for damages. We are well-versed in New York Labor Laws and use our resources and investigative expertise to identify all responsible parties. Some situations may warrant legal action outside of workers’ compensation benefits.

You can depend on our experienced attorneys to:

• Conduct detailed investigations into prior OSHA violations and NYC Building Code violations.
• Gather evidence that demonstrates unsafe workplace conditions
• Handle all communications and negotiations with defendants
• Consult with industry experts to assess the worth of your case
• Submit your claim within the statute of limitations
• Fight for the highest possible settlement or court award

New York Labor Law Violations

New York has specific labor laws that afford special protections for construction workers to prevent injury from falling objects or falls from ladders, ledges, scaffolding, and floor openings. In addition, property owners and contractors must provide “reasonable and adequate protection to the lives, health, and safety of all persons” they hire, whether union or non-union employees.

After being injured on a construction site, you may be eligible for more than workers’ compensation.  Our dedicated attorneys can review the facts and circumstances of your construction accident and outline the best steps to move forward. 

Depending on the unique facts of each case, a personal injury lawsuit may be brought against any number of negligent parties. These may include general contractors, engineers, property owners, subcontractors, or the manufacturers of defective construction machinery or equipment.

Common Injuries Sustained in Queens Construction Accidents

Injuries in scaffolding accidents and other construction site disasters often result in catastrophic harm. Workers may be left with lasting health complications and injuries so severe they can no longer remain gainfully employed.

Our construction accident lawyers help workers involved in roof and ladder falls, structure failures, crane accidents, trench collapses, welding accidents, explosions, forklift accidents, vehicle accidents, and electric shock accidents resulting in:

• Burns
• Broken bones
• Traumatic brain injury
• Paralysis
• Loss of limb
• Hearing or vision loss
• Neck and back injuries
• Spinal cord damage
• Organ damage and failure
• Crush injuries
• Soft tissue injuries

If your family member suffered fatal injuries in a construction accident, you might be eligible to bring a wrongful death claim for monetary damages. We leave no stone unturned when it comes to holding negligent parties liable and securing meaningful compensation for our clients.

Compensation Available to Injured Construction Workers

Workers’ compensation coverage is designed to pay for economic damages like medical expenses, lost wages, and disability after being hurt on the job. While helpful, these insurance benefits are limited and entirely different from those available in a third-party lawsuit.

A personal injury claim can demand compensation for other losses, such as:

• Pain and suffering
• Emotional distress
• Disfigurement
• Loss of enjoyment of life
• Mental anguish
• Ongoing rehabilitation

Time Limits for Filing a Lawsuit After a Construction Site Injury

In New York, you have three years from the date you discover your injury or illness to file a personal injury complaint against a third party. For most of our clients, the clock starts ticking on the day of the construction site accident. Your legal counsel can ensure you have all the required paperwork and supporting documentation to file a claim on time.

Speak to a Queens Construction Accident Attorney

After a construction site accident in Queens, we can help you seek the justice you deserve. Contact Friedman, Levy, Goldfarb & Green to schedule a free consultation to discuss your legal options today.   

From accidents on busy streets like Queens Boulevard to injuries caused by unsafe buildings, hazardous worksites, poorly maintained sidewalks, and negligent health care providers, personal injury can take many forms. Queens is one of the most diverse places in the country, and each neighborhood, from Astoria to Flushing, has its own language needs, cultural norms, and ways of interacting with local hospitals and courts. A personal injury attorney in Queens understands the judges, insurers, experts, and community dynamics — knowledge that gives you an advantage in both the legal process and the outcome of your case.

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we represent clients impacted by serious injuries from motor vehicle crashes, slip and falls, construction accidents, and more. If you’ve been harmed due to the negligence of another party, you may be entitled to compensation for medical bills, lost income, and pain and suffering. Contact our team to schedule a free consultation today. We’re here to help. 

Our Queens Personal Injury Attorneys Case Results

Friedman, Levy, Goldfarb, Green & Bagley, P.C., a New York City–based law firm, concentrates on personal injury and medical malpractice and has achieved a reputation as distinguished litigators. 

Our recent settlements and verdicts include: 

• $6,000,000 Settlement — Medical Malpractice, Queens. Errors by several doctors in diagnosis and treatment led to a long period of suffering and ultimately the death of the cherished husband of our client. 

• $1,500,000 Settlement — Negligent Supervision of a Special Needs Student, Queens. A special-needs student became separated from her class on a field trip, wandered away, and became the victim of an assault. 

• $3,100,000 Settlement — Leg Amputation, Queens. An airport baggage handler was struck by a luggage cart being driven by another handler, which tragically resulted in his right leg being amputated at the knee joint. 

• $3,167,000 Settlement — Bridge Painter Falls From Broken Scaffold, Queens. The plaintiff was working on Hell’s Gate Bridge when the scaffold he was standing on broke, causing him to fall 60 feet and sustain severe brain injuries.  

Our attorneys are all seasoned trial lawyers, and many have training and experience uniquely suited to the personal injury and medical malpractice arena. 

Common Types of Personal Injury Accidents

Some of the more common types of personal injury cases that we handle include the following:

Why Work with a Queens Personal Injury Lawyer?

Hiring a personal injury lawyer who knows Queens can be critical to achieving the best outcome. When you’re facing mounting medical bills, time away from work, and the stress of recovery, you deserve a legal team that can guide you with confidence and clarity: 

• We know how cases are handled in the Queens County Civil and Supreme Courts, and we use that knowledge to anticipate challenges and position your case for success.  
• Working with a local firm means you’re never left navigating the process alone. Meeting face-to-face, visiting accident scenes quickly, and coordinating with trusted medical providers in the area are all easier with us by your side. 
• In a borough as busy and diverse as Queens, having a team that not only knows the law but also knows the community gives you a real advantage. We are committed to protecting your rights, holding negligent parties accountable, and pursuing the full compensation you deserve. 

Potential Compensation in Injury Claims

In a personal injury case, compensation may be available for economic and non-economic losses, which can include: 

• All medical bills which are often steep and overwhelming in many of these cases. This can include costs such as transportation by ambulance, ER visits, hospital stays, surgeries and procedures, doctors’ appointments, and many others. 
• In addition to your salary or wages, lost wages also include benefits such as health care, vacation time, sick leave, and more. 
• Loss of earning capacity seeks to fill in the gap between what you would have made had you not been injured and what you earn after the injury, assuming you can return to the workforce. 
• Pain and suffering can include the day-to-day physical discomfort and depression following a traumatic brain injury or other types of serious injuries. 

We approach each case individually, working to pursue the types of compensation you need to rebuild your life. While results can vary, the goal is always to seek an outcome that reflects the harm you’ve endured. 

What to Do After a Personal Injury

If you’ve suffered an injury, the steps you take in the hours and days afterward can shape your legal options:  

1. Seek medical care immediately. Prompt treatment is essential for your health and well-being, and also creates documentation of your injuries.  A clear medical record can be a key part of establishing a link between the incident and your condition. 
2. Document the incident. Take photos and video of the accident scene, get contact information for witnesses, and keep track of all paperwork. The more details you preserve early on, the stronger your case will be.  
3. Report the incident. Whether it’s a car crash or a slip and fall, report it to the police and the property owner as soon as possible. Official reports can provide a timeline and an objective account that confirms your version of events. 
4. Avoid giving detailed statements to insurers. These can be used later in ways that may not serve your interests. It’s often wise to consult an attorney before discussing the incident with an insurance representative. 
5. Contact a Queens personal injury lawyer. Prompt legal advice can help clarify your options and protect your rights. An attorney can step in early to help preserve evidence, communicate with insurers, and guide you through your next steps. 

The Role of a Personal Injury Attorney

Navigating a personal injury case is complex and often overwhelming. However, our Queens attorneys are committed to making the process as smooth and stress-free as possible. We oversee the legal aspects of your case so that you can focus on your recovery.   

From the initial investigation to potential courtroom proceedings, we manage the key elements of your claim, including: 

• Gathering and preserving evidence 
• Working with investigators and medical professionals 
• identifying all liable parties and sources of recovery 
• Calculating damages, including medical costs, lost wages, and pain and suffering  
• Communicating with insurance companies and opposing counsel  
• Filing claims and negotiating fair settlements  
• Preparing for litigation and representing you in court if necessary  
• Keeping you informed and supported at every stage of the process 

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we take the time to understand your story, how the injury has affected your life, and what matters most to you. We negotiate strategically with insurers to counter their tactics, protect your rights, and pursue the maximum compensation available, always keeping you informed and empowered throughout the process. 

Schedule a Free Consultation with a Queens Personal Injury Lawyer Today

If you or someone you care about has been injured in Queens, don’t wait to seek guidance. At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we have been serving New Yorkers for more than half a century. We are dedicated to maximizing the financial compensation of each client. Contact us to schedule a free and confidential consultation. 

Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries. 

Legally Reviewed by

Many people assume that you do not have the right to file a personal injury lawsuit following a construction accident. While some accidents require you to pursue a workers’ compensation claim, there are many instances when you can file a civil lawsuit. A construction accident lawyer in the Bronx can advise you when you have the right to pursue a civil case based on your injuries.

If you are unsure of your rights following a construction site accident, the guidance of a skilled attorney will be invaluable. At Friedman, Levy, Goldfarb & Green, we can advise you on your rights and help you pursue legal action against those responsible for your injuries. Contact us today to speak with a Bronx personal injury lawyer.

When a lawsuit is an option

As stated above, there are some exceptions when a lawsuit against the property owner, contractor, or construction manager might be possible. If, for example, you can show that the owner or builder violated New York Labor Laws, they might be liable for your damages.

You might also have a viable claim for compensation if your injury resulted from a defective product. For instance, if a malfunctioning piece of machinery injured you, you could have a viable claim against the manufacturer. In all of the above, a Bronx construction accident lawyer might be able to help you pursue the compensation you deserve.

Common types of construction accidents

In sum, there are many ways to suffer an injury on a construction site. Some of the most common examples include:

• Falls. One of the most common construction accidents involves falls, which often occur from a great height due to faulty scaffolding.
• Crushing injuries. There are always large pieces of machinery used in construction work. A person can be caught between two moving machines or a piece of machinery and a fixed object. These crushing injuries have severe consequences.
• Vehicle collisions. Injuries can occur for workers behind the wheel, but accidents can also involve a driver striking a construction worker on the job site.
• Chemical exposure. There are often harmful chemicals used and stored on construction sites. From cleaning supplies to paint thinner, exposure to these chemicals could lead to burns, illness, or death.
• Collapses. When construction is faulty or rushed, entire buildings could collapse. A structural collapse could lead to widespread injury or death.

Compensation for your injuries

Whether through a negotiated settlement or a civil lawsuit, you can recover a variety of compensation for your injuries. These damages would encompass your measurable economic losses. They could also pay for non-economic damages such as your physical pain and suffering. Some of the most common types available in these cases include:

• Medical expenses
• Lost wages
• Mental anguish
• Pain and suffering
• Disfigurement
• Loss of future earnings
• Loss of enjoyment of life
• Disability

Contact us for a free consultation

Do you have questions about construction accident law in the Bronx? The legal issues surrounding this type of accident can be overwhelming if you don’t have the right legal guidance on your side.

At Friedman, Levy, Goldfarb & Green, we understand how these accidents can take a toll on your life. With our help, you could recover the monetary damages you need for your recovery and rehabilitation. Reach out today for your free consultation.

In New York, anyone who has been injured on a construction worksite is entitled to bring an accident claim. Some employers may tell an injured worker that they do not have the right to file a workers’ compensation claim or a lawsuit– but this is not true. If you were injured at work, you have the right to seek compensation regardless of your immigration status.

When you are worried about immigration status, filing a lawsuit can be stressful, but an experienced personal injury attorney can provide expert guidance and confidentiality.

Immigration status in the United States

Immigrants in America fall under three categories.

• Undocumented –  People who either cross the border into the United States illegally, obtain a visa based on fraudulent statements, or overstay their temporary visas– are not authorized to work in the country.
• Temporary – Students or tourists who are in the country with permission on a non-permanent basis may or may not be permitted to work in the U.S., depending on the type of visa granted.
• Permanent or conditional – Legal permanent residents are referred to as green card holders and have permission to live and work in the United States permanently. Conditional residents are those who have been married for less than two years before receiving a green card. These individuals may later apply to remove conditional status and become legal permanent residents.

When it comes to workplace injuries, every person is entitled to file a workers’ compensation claim or a civil lawsuit– regardless of their status.

State And Federal Laws Affecting Injured Worker Claims

New York, like most states, requires all employers to buy workers’ compensation insurance to cover all employees. However, federal law prohibits employers from hiring undocumented immigrants. Some states disagree on whether these individuals have a right to be protected– if injured on the job– but New York recognizes that right.

States like New York strive to protect all workers. The understanding is that when employers are not held responsible for insurance for undocumented workers, they have an economic incentive to hire them.

States that do not allow illegal immigrants to recover benefits show higher rates of workplace fatalities. Undocumented employees often work in the most dangerous settings– where legal residents would be more likely to report safety violations.

Rights of Undocumented Laborers in Construction Accidents

It’s estimated that nearly 50 percent of all construction laborers in NYC are without valid green cards. New York affords the same rights and protections to undocumented workers as those who are legal. Whether they are working as a general tradesman, doing demolition, or working other high-risk jobs, their undocumented status does not prevent them from seeking workers’ compensation benefits in the event of occupational injury.  

The unfortunate reality is that negligent contractors and builders often let undocumented laborers believe that they are excluded from these basic protections. Under NY law, employers are obligated to ensure that all of their construction workers – regardless of immigration status – are properly trained and given the tools and equipment to stay safe.  

Undocumented laborers are often pressured to take on some of the more dangerous jobs that unionized workers would decline. Afraid of being reported to immigration, these workers are at higher risk of accident and injury. 

If you are working in construction as an illegal immigrant and are injured on the job, our attorneys can help you seek benefits for lost wages, medical bills, and permanent or temporary disability. Don’t be intimidated by employers who threaten to fire you or report your immigration status. There are no negative repercussions for seeking the compensation to which you are legally entitled.  

The New York courts have ruled that labor laws apply to undocumented workers and non-citizens alike. This means you should report your injury to your employer and contact an attorney for legal representation. 

Our construction accident lawyers can help you fight for justice. Depending on the circumstances of your construction accident, this could be through a worker’s compensation claim or a personal injury lawsuit. There is no need to prove negligence or fault to apply for worker’s comp benefits. This insurance is designed to cover: 

• Medical care related to your occupational injury 
• Up to two-thirds of your weekly wage, with limits 
• Travel costs to and from doctor’s appointments 

Undocumented workers in the construction industry have rights, and the NYC attorneys at Friedman, Levy, Goldfarb & Green are here to help.  

It Is Never Too Soon To Speak With A Lawyer To Discuss Your Rights

No matter your immigration status, if you have been injured on the job in New York, it is never too soon to speak with a lawyer to discuss your rights. Your most likely source of benefits is workers’ compensation. This provides:

• Lost wages at up to 2/3 of your average weekly rate up to the scheduled maximum benefit
• Medical bills
• Related costs such as the cost of prescriptions and rehabilitation
• In the case of fatal accidents, funeral and burial expenses up to the policy’s limits

These benefits are often awarded relatively quickly and without the need to prove fault. However, they do not provide full compensation for serious injuries.

When someone other than the employer (or an employee for whom the employer would be vicariously liable) was at fault for the accident, you may have grounds to file a third-party lawsuit. Some examples of this include– other contractors on the site or someone making deliveries. In sum, if a third-party acts carelessly and causes your injury, you may sue them for full damages.

Benefits Of Speaking With A Personal Injury Lawyer

A third-party lawsuit can provide compensation for your total financial damages, as well as compensation for non-economic losses like pain and suffering. However, if your immigration status is in question, initiating a process in the courts is probably intimidating. The best thing you can do is speak with an NYC construction accident lawyer to determine whether your accident qualifies for a third-party lawsuit and whether it is the right move for you.

Contact Us For A Free Consultation: Hablamos Español

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., our team understands the complexities of proving liability in a construction accident lawsuit. We are here to serve those in New York who have been injured because of someone else’s negligence. Call today to schedule a free, no-obligation consultation.

Resources:

1. WCB.NY.gov: Workers Compensation Coverage. https://www.wcb.ny.gov/content/main/Employers/employers-rights-responsibilities.jsp
2. New York City, Immigrant Workers Know Your Rights, https://www1.nyc.gov/site/immigrants/programs/social-economic/immigrant-workers.page

Falls can happen any time, anywhere, but falls down a flight of stairs are linked to particularly serious injuries and even death. When a staircase slip and fall accident happens due to a hazardous condition or poor maintenance in New York City, expert personal injury attorneys at Friedman, Levy, Goldfarb & Green can help. Contact us for a free, no-obligation consultation to explore your legal rights.

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Broken Stairs and Other Causes of Stairway Accidents in NYC

Common causes of stairway accidents include:

• Broken stairs or railings – Once a property owner becomes aware of a hazard such as broken stairs or a broken railing, they generally have a reasonable time to fix a critical situation. Failure to do so could result in liability.

• Debris and Hazards – Remnants of cut wood, cement, wires, ladders, paint cans, boxes, and many other construction materials are sometimes left on stairs haphazardly.

• Poor construction – When property owners DIY their own stairs, they may not always follow proper NYC building codes regarding nosing, slope, riser height, non-slip treads, and landings.

• Poor lighting – Stairwells should be well-lit at all times to prevent falls. Changing a light bulb is cheap and easy enough and requires immediate repair. A job requiring the assistance of an electrician should be completed as soon as possible. A property owner may be asked to prove that timely action was taken.

• Weather – It is all too easy to slip on ice, snow, or pooled water. While the weather can change in an instant, causing unexpected accumulation, property owners are responsible for shoveling, salting, and taking reasonable precautions to prevent this from occurring.

Liability Issues in Staircase Accidents

Property owners, whether residential or commercial, are responsible for exercising “reasonable care to keep the premises in a reasonably safe condition for the protection of all persons whose presence is reasonably foreseeable.” So, naturally, the question arises: What is reasonable?

This is why injured parties often choose to work with an experienced New York City premises liability lawyer. They have the resources to investigate, interview, and bring in expert witnesses to testify on the victim’s behalf.

Can Health Insurance Pay for Staircase Accidents?

Health insurance can subsidize some of your medical bills, but you will still be responsible for covering all copays and deductibles out-of-pocket. You must prove liability to be eligible for compensatory damages such as pain and suffering.

Have You Been Injured? Click to call for a FREE consultation!

Won’t Worker’s Compensation Pay for My Injuries?

If you fell down unfinished stairs at a construction site you were working on, you may receive some benefits from workers’ compensation. However, this compensation is often well below the salary a construction worker typically earns. While you may be able to cover some of your medical bills with a workers’ compensation claim, you will be unlikely to cover your lost wages from taking time off to recuperate.

Who pays if I fell down a neighbor, friend, or family member’s stairs?

Some people are reluctant to pursue claims if the property owner was a friend or family member. However, that is why people carry homeowner’s insurance. As a result, the financial compensation will not come from the pocket of your friend but their insurance carrier. In these cases, out-of-court mediation and settlement are likely.

What if I fell on a flight of stairs on a government-owned property?

In a typical NYC staircase fall, the owner is a commercial entity with commercial insurance and a three-year statute of limitations deadline for pursuing a civil claim. However, when you fall on stairs owned by the local or federal government, you may have as little as 90 days from the date of injury or the discovery of harm to pursue your claim. For this reason, contact Friedman, Levy, Goldfarb & Green to discuss your options as soon as possible.

What if it was my fault?

Sometimes people do not look where they’re walking and are distracted or intoxicated at the time of their fall. New York allows you the ability to pursue a claim even if you were partially to blame for causing the accident. Your total award or settlement may be reduced based on your degree of liability. Further, if another person’s negligence also contributed to the accident, they will also be held responsible based on their degree of liability.

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Are Your Injuries from Falling Down the Stairs Worth a Lawsuit?

The most common injuries from falling down the stairsinclude broken bones, scrapes, bruises, and lacerations. Minor bumps and cuts typically are not cause for a lawsuit, even if it scared you and was someone else’s fault.

For a claim to succeed, there must be some type of tangible loss or injury. In these cases, pain and suffering damages are also allowed to compensate injured parties for mental trauma (anxiety, depression, PTSD), physical pain endured, and the inconvenience of disruption to daily life.

The injuries most commonly litigated include:

• Broken bones or damaged joints
• Facial trauma, scarring, and disfigurement
• Damage to internal organs and internal bleeding
• Slipped or cracked back disks and other spine injuries
• Concussions, head trauma, and traumatic brain injury

What To Do After Tripping or Slipping Down Stairs in New York City

Seek immediate medical attention if you’ve fallen down the stairs. Even if the injuries seemed fairly minor, get it on record when, where, and how you were hurt. If possible, speak to the property manager about your situation. Photographs of the stairs and your injuries can be helpful as well. Maintain records from doctor’s visits, medical invoices, and out-of-pocket receipts together in one organized folder.

In addition, keeping a pain and physical limitation diary can also be helpful evidence in court when arguing for subjective pain and suffering damages. Contact a slip and fall lawyer as soon as you can to begin the claims process. Premises liability is a complex area of law, and it takes time to prepare a strong case.

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Hurt in a Fall? A Stairway Accident Attorney from Friedman, Levy, Goldfarb & Green Can Help

At Friedman, Levy, Goldfarb, Green & Bagley, we understand the physical and financial hardship involved in the aftermath of an injury. Our goal is to take care of all the paperwork and financial details so that you can focus on your healing.

Contact us for a free, no-obligation consultation to learn what options are available to you. As contingency-based lawyers, we only assess a legal fee if we secure compensation on your behalf. We are proud to serve all of the New York City metro area, from Manhattan and Brooklyn to the Bronx and Long Island.

Elevators are potential sources of serious injury to the people who work on them and the general public. The Consumer Product Safety Commission and U.S. Bureau of Labor Statistics report that elevator accidents contribute to approximately 30 fatalities and thousands of serious injuries every year. Nearly 90,000 elevators operate in New York City alone. While these devices promise convenience in the city’s high-rise buildings, lax maintenance and defective equipment can make them incredibly dangerous.

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Protect Your Rights After an Elevator Accident

If you or someone you love were injured while riding or working in an elevator, legal recourse might be available. The law firm of Friedman, Levy, Goldfarb & Green can investigate the circumstances of your accident and determine if you have a valid claim for damages. When your health and livelihood are at stake, you need an experienced New York elevator accident lawyer who has the resources and tools to maximize monetary recovery. Our legal team has a long track record with elevator injury claims. We proudly offer results-focused advocacy to clients throughout NYC, the Bronx, Long Island, and Brooklyn.

Obtaining personal injury compensation after an elevator accident can be complicated and is best handled by a New York premises liability attorney. They are well-versed in the local regulations for elevator permits, maintenance, and inspections. We have won millions of dollars on behalf of injured clients and stand ready to put our dedication and expertise to work for you.

Premises liability may come into play when residents, visitors, or workers are injured. Has the building owner kept the elevator and surrounding area free of hazards? Has regular maintenance taken place? Proprietors and service companies may be found liable if known elevator defects were not corrected or remedied in a negligent manner.

Elevator Accident NYC: Potential Liable Parties

We conduct thorough investigations to determine who is liable for your elevator accident. More than one defendant may be named in a personal injury or product liability suit, depending on the circumstances. 

Defendants may include:

• Building and property owners
• Elevator maintenance and service companies
• Elevator manufacturers
• Property management companies
• Employers
• General contractors or subcontractors on building sites
• Landlords
• Government entities

Our attorneys review elevator maintenance logs, Department of Buildings inspection reports, surveillance camera footage, and conduct interviews to determine what happened and who is legally accountable for your injuries and resulting losses.

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Leading Causes of Elevator Accidents & Injuries

Elevator accidents have become common on building sites in NYC.  But it’s not just construction workers and laborers who are at risk. Tenants in apartment buildings throughout the city are demanding better safety standards after a string of fatal accidents in recent years. In one incident in a Midtown building, a 30-year-old man was crushed to death when a malfunctioning elevator plummeted as he exited.

Some of the more common causes of elevator accidents include:

• Elevator part defects and malfunctions
• Inadequate maintenance and repairs
• Leveling problems
• Broken doors
• Open elevator shafts
• Malfunctioning control systems
• Faulty wiring

Compensation Available to Victims

When serious injury is caused by a defective or improperly maintained elevator, the resulting financial burdens can be devastating. Brain injury, broken bones, paralysis, and loss of limbs are just some of the traumas suffered by passengers and workers in these accidents.

Friedman, Levy, Goldfarb & Green understands the long-term consequences that victims and their loved ones suffer.

We work tirelessly to secure maximum damages for:

• Hospital and medical expenses
• Lost income
• Diminished earning capacity
• Rehabilitation costs
• Pain and suffering
• Emotional distress
• Permanent disability
• Loss of enjoyment of life

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Consult an Elevator Accident Attorney NYC Residents Trust

Our compassionate attorneys, paralegals, and support staff are dedicated to helping people recover the justice and money damages they deserve. To speak with an elevator accident lawyer about the merits of your case, please contact our New York City office for a free consultation.

The most common causes of traumatic brain injuries (TBIs) include motor vehicle accidents, slip and fall incidents, and construction accidents. Sometimes, a brain injury can simply be chalked up to bad luck, such as if someone spills something on their own kitchen floor and then slips and falls because of it. In other cases, however, a TBI is the result of an accident caused by someone else’s negligent or reckless behavior. It’s also possible to develop a brain injury due to medical malpractice.

If you or a loved one developed a traumatic brain injury and you suspect that someone else may be to blame, you can request a free legal case review to evaluate your options for legal recourse. At the personal injury law firm of Friedman, Levy, Goldfarb, Green & Bagley, P.C., we have been representing injured New Yorkers for more than 50 years, helping them secure the compensation they need to care for themselves and their families.

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Motor vehicle accidents and brain injuries

Different types of traumatic brain injuries can be caused by car accidents. Truck accidents, motorcycle crashes, pedestrian accidents, and vehicle-bicycle collisions can all cause serious injuries that can lead to long-term health complications.

Some types of brain injuries commonly caused by motor vehicle collisions include the following:

• Open head wound: This injury is also called a penetrating head injury. It occurs when an object penetrates the skull. During a car accident, broken glass and other broken-off motor vehicle parts can become airborne, causing considerable damage to drivers and passengers. Everyday objects stored inside the car, including electronics and bags of groceries, can similarly become airborne. They can be flung through the air with enough force to inflict significant injuries.
• Concussion: Often thought of as the “classic” type of traumatic brain injury, this typically occurs when the head strikes an object, such as the dashboard. If the individual wasn’t wearing a seatbelt, he or she may be thrown through the windshield and may potentially strike the head against another object, such as a tree or utility pole.
• Diffuse axonal injury: Even if the skull isn’t penetrated and no object directly strikes the head, it’s possible to sustain a serious brain injury in a car accident. This type of injury occurs when the delicate brain tissue and nerves get stretched and torn as the brain shifts and strikes the interior wall of the skull in response to external forces.

All types of TBIs can require extensive medical treatment, and may lead to lasting complications and disabilities.

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Traumatic brain injuries caused by slip and fall incidents

Slip and fall accidents are a leading cause of traumatic brain injuries. A person might fall on the stairs or on a flat surface. In either case, the individual may not be able to break the fall using an arm, and so instead may strike the head on the floor, stair, or other nearby object. Quite often, brain injuries caused by slip and fall accidents are closed head injuries, meaning that an object has not penetrated the skull. Despite this, these injuries can still be quite serious, potentially leading to lifelong disability or even death.

Construction accidents and brain injuries

Construction sites are inherently dangerous, given that workers must often operate heavy machinery, use cutting and drilling instruments, and work from tall scaffolding. A head injury can result from a fall, equipment malfunction, or falling object. Typically, workers’ compensation applies to these situations. However, injured construction workers may have additional options for legal recourse under certain circumstances, so it’s best to consult a personal injury lawyer.

TBIs caused by medical malpractice

It’s often thought that brain injuries only result from a physical accident like a car crash. Yet, medical malpractice can also cause brain injuries. In fact, any event that causes a drop in oxygen to the brain can cause severe brain damage. For example, a medical provider may be negligent in failing to diagnose a stroke or pulmonary embolism in a timely manner. Medication errors, anesthesia mistakes, and intubation problems are other possible acts of medical malpractice that can cause brain trauma.

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Consult the New York City personal injury lawyers

The personal injury law firm of Friedman, Levy, Goldfarb, Green & Bagley, P.C. was founded over 50 years ago to provide residents of NYC with personalized, aggressive legal representation. Each of our New York City personal injury lawyers represents our clients with integrity and empathy, driven by the motivation to help our clients secure the compensation they need to move forward from their injuries. We work on a contingency basis, which means we never charge a legal fee unless we obtain compensation for you. Call us today to request a confidential, no-charge consultation with a New York brain injury lawyer.

If you are injured in a New York City slip and fall accident– caused by another person’s negligence, then you may be eligible to file a personal injury lawsuit. Lost wages are a category of damages that are available to victims of these accidents.

In some slip and fall accidents, the victim’s pride is all that is wounded. However, many are much more severe and can lead to life-threatening injuries. The ripple effect on the lives of the victim and their family can be devastating without representation by a qualified New York City slip and fall lawyer. For example, the victim may be unable to work and generate an income that their family relies upon to survive. 

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What Factors Are Considered When Calculating Lost Wages?

The job a person holds and the nature and severity of their injuries– determine how much work will be missed. For example, a mangled finger may not cause a sales rep to miss any time at work, but it could cause a surgeon to never see an operating room again. Similarly, a broken leg may not cause a web designer to miss any time, but a professional athlete may be forced to retire permanently.

If you were employed at the time of the accident, the calculation will begin with the amount of earnings you would have made– had you not been injured. This includes the time between the date of the accident and the date your slip and fall claim is resolved. The number of days you are forced to miss will be multiplied by your average daily wage during that period. Notably, this is not limited only to actual income but can also include tips, bonuses, incentives, benefits, sick pay, and vacation time.

You will need to provide documentation, such as pay stubs, your employment contract, tax returns, or a written statement supplied by your employer, to prove these amounts.

What Happens if You Are Permanently Disabled?

Victims who can return to work after the accident will be able to seek lost wages for the amount of time they missed due to their injuries. However, some slip and fall accident victims may never be able to work again– in any job– due to a permanent disability. Still, others will rejoin the workforce but not in the same position with the same responsibilities and pay. These individuals may be able to recover for future lost income.

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Future Lost Wages Can Be More Complicated to Calculate

While calculating lost wages between the accident and the final decree is typically straightforward– calculating future lost wages can be much more complicated. Testimony from at least one expert witness will be required to provide an informed assessment of your injuries’ scope and a realistic timetable for you to recover fully. Some of the factors that will be considered in tallying this calculation may include the following:

• The permanency of the victim’s injuries. Some injuries are permanent, while others may heal, at least to a degree, over time.
• The degree of disability caused by the injuries.
• The victim’s qualifications and mental and physical ability to perform in a different line of work.
• The victim’s essential job functions before the accident and the amount of earnings they were receiving.
• The plaintiff’s age is a factor, as the closer they are to retirement age, the fewer the number of working years they have left.
• The value of the benefits, such as health insurance, retirement, and paid vacation.
• The consistency of the victim’s earnings prior to sustaining these injuries.

What Evidence Do I Need to Prove My Lost Wages?

In a slip and fall claim, your attorney will use several pieces of evidence to prove your lost wages, including:

• Your pay stubs from your employment before your accident. 
• Bank statements showing payroll deposits. 
• Your tax returns will show how much salary you claimed before you were injured. 
• Written statements from your employer that attest to your regular earnings. 

If relevant, your attorney will also use your pre-accident work patterns to prove your lost overtime earnings, lost sick days, or holidays that you needed to use during your recovery. This could also include reductions in tips or gratuity income and bonuses or perks you were not eligible for due to your absence from your job.

The negligent party liable for your losses might counter that your injuries were not as bad as you claim, and that you were able to do your job—but elected not to return to work. Your lawyer can rebut that argument with testimony from your treating physicians and therapists and with expert testimony about the extent and effects of your injuries.

If your injuries cause an extended absence from your job or interfere with your opportunities for promotions, your lawyer might also argue for damages to compensate for lost future earning potential. They will base that argument on your salary history and past promotions. Expert testimony from human resource specialists and forensic accountants might also bolster those arguments.

In every case, your slip and fall attorney will support an argument for lost wages and earning potential by introducing evidence that shows:

• Your job title.
• When you were hired.
• You were regularly and continuously employed at the time of your slip and fall accident.
• Your regular working hours and pay rate.
• The workdays you missed or are likely to miss due to your injuries.
• How your employer awards bonuses and other job perks.

Keep in mind that the purpose of damages is to reimburse you for your verifiable losses resulting from your accident. Therefore, if you receive replacement income from workers’ compensation insurance or disability benefits, those amounts will offset any damages award you will be entitled to recover.

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Retain a Qualified Attorney

It is essential to have an experienced advocate on your side when seeking lost wages. At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we have been serving New York for over 50 years and are committed to fighting for justice and achieving the maximum recovery of damages on behalf of our clients.

Contact us for a Free Case Review

If you have been injured in a New York City slip and fall accident, call us at Friedman, Levy, Goldfarb, Green & Bagley, P.C. 24/7 for a free consultation with a personal injury lawyer. There are no upfront legal costs because we work on a contingency-fee-basis.