The nature of erecting large buildings gives rise to certain dangers.
If you or someone in your family was injured in a construction accident related to erecting a building, our construction accident lawyers can help.
Construction Injury Lawyers Helping Victims in Queens, the Bronx, and Elsewhere in New York City
The nature of erecting large buildings gives rise to certain dangers. Machinery, girders, and large vehicles present hazards on a construction site. If you or someone in your family was injured in a construction accident related to erecting a building, we encourage you to discuss your situation with our Queens and Bronx construction accident lawyers. We can help you understand and assert your rights. At Oresky & Associates, PLLC, we have assisted many New York City workers with getting compensation for their harm through the New York Labor Law, and we can help you as well.
Accidents Related to Erecting a Building Often Cause Serious Harm
According to the Occupational Safety and Health Administration, out of 4.379 worker deaths in the private sector in 2015, 937 (21.4 percent or about one in five) were in construction. The Bureau of Labor Statistics found that there were a total of 74 fatal work injuries in 2015 in New York City. Property owners and contractors must take the safety of their workers seriously at all times. Failing to do so can put a worker at risk of serious injuries or even death. Accidents related to erecting a building can happen in a number of ways, including:
- Falls from heights or scaffolding;
- Workers being struck by objects, such as falling debris or materials;
- Electrocutions by exposed wiring or unfinished electrical systems;
- Slip and falls caused by stray materials or other hazards;
- Machinery accidents caused by improper operation;
Our Team Can Start Working for You from the Moment You Call
When it comes to litigation, there is no time to waste. Once you call our office, we can start building your case in your fight for compensation. In three short steps, your legal journey can begin today.
- Free Case Evaluation: call our office, send us an email, or chat with us online to receive a free case evaluation.
- Get Signed Up: after your free case review, we can set up your client profile and gather any information you already have.
- Start Your Recovery: we can take over your case from here and update you as it progresses. You can focus on your health while we focus on your case.
Common Legal Questions
Your time to file a construction lawsuit is limited by the statute of limitations. New York gives you three years from the date of the accident to initiate a personal injury lawsuit. The statute of limitations is a hard deadline. If you fail to file your lawsuit within the time limit, you will be barred from recovering compensation.
There are two main types of damages available to construction accident victims. Economic damages cover financial losses, such as medical expenses, lost wages, and diminished earning capacity. Non-economic damages cover personal, non-monetary losses related to the accident. These include pain and suffering, emotional distress, scarring/disfigurement, and loss of consortium. Rare cases may qualify for punitive damages, such as incidents where the construction company ignored safety standards.
The value of your case will depend on many different factors. Your economic damages, which are the direct financial losses you’ve sustained in the accident, will make up a large portion of your compensation. These damages include medical expenses and lost wages, among other things. Your non-economic damages, which represent the personal, non-financial losses related to the accident, will also influence your case’s worth. Other factors, such as available insurance coverages and comparative fault, can also affect your award.
Yes. You can still recover compensation if you are being blamed for a construction accident. Workers’ compensation is a no-fault system. If you are seeking workers’ comp, you can recover benefits regardless of whether you are at fault for the accident. If you are filing a third-party suit and are partly at fault, New York’s pure comparative fault rules will come into play. In this case, your compensation will be reduced to account for your share of the blame for the construction accident.
If you suffered injuries in a construction accident, you must report the accident to your foreman or employer, but there are other steps you also must take if you hope to receive compensation for your injury. First things first! If you have been hurt, seek medical care and attention immediately. If you need an ambulance, ask for one to be called. Your construction foreman may or may not be aware of your accident. Do not assume they received word of the incident. Even if you verbally told your co-worker about it, this notification will not always help you if your employer does not have actual knowledge of your construction accident. Want to learn more about how to make an accident report? Read our full article here.
What You Can Do After A Construction Accident
When workers are injured in accidents related to erecting a building, they often think that they have no recourse other than workers’ compensation. This is often not true. The New York Labor Law protects construction workers and those in construction-related trades, such as plumbers, electricians, carpenters, demolition workers, asbestos handlers, painters, helpers and others. Sections 200, 240, and 241 offer construction workers certain rights to recover compensation, such as medical expenses, pain and suffering, lost wages, and more. These cases are pursued in civil court rather than through the administrative procedures of workers’ compensation.