Unfortunately, construction accidents are a common occurrence in New York. YOU can take legal action if you were injured on the job and here’s what you need to know:
The construction industry is one of the most booming industries in today’s day and age and nowhere compares to New York when it comes to residential and commercial construction projects along with government infrastructure projects. We are all accustomed to the daily sight of cranes, scaffolds and sidewalk sheds but what goes unnoticed are the men and women who wake up each and every day and work on those job sites and risk life and limb. From ironworkers, plumbers, carpenters, electricians, laborers, masons, painters and sheet metal workers, thousands of men and women in different trades work in the construction industry here in New York building the homes, offices and roads necessary to support the growth and success of New York.
Unfortunately, construction work comes with a massive amount of risk and peril to those workers and countless injuries on job sites are reported on a daily basis. According to the Bureau of Labor Statistics, construction workers are most likely to sustain injury by one of what they refer to as the “Fatal Four” – the four most common injuries:
Many of these accidents occur because employers simply don’t protect their workers or provide them with the proper safety equipment and training. According to the New York Committee for Occupational Health and Safety Administration (OSHA), shockingly construction worker fatalities continue to rise in New York state amid rampant safety violations. The above fatal four are not the only types of actionable accidents that occur on construction sites. Other types of accidents that occur on construction sites include:
Fatal injuries in the construction industry increased statewide to 71 in 2016 from 50 in 2014. The leading cause of death was falls, which accounted for 48 percent of the state’s construction worker deaths from 2007 to 2016.
If you or a loved has sustained a serious injury while working at a construction site, there are things you can do to protect your claim. At The Law Offices of Darren T. Moore, our firm has handled many construction workers’ claims. We have extensive knowledge of New York state’s regulations, the Labor Law along with the federal guidelines put forth by OSHA. New York has special laws that allow construction workers to recover compensation in the event that they suffer an injury on the job by bringing a lawsuit to recover for their pain and suffering, medical expenses, and loss of wages and benefits. In addition, if you were injured in a construction accident on the job, you can make a claim for workers’ compensation benefits to cover your medical expenses and part of your lost wages while you are out of work. Therefore in many cases, people injured in construction accidents can have two potential cases or claims for one accident, a workers compensation claim’ and a lawsuit.
Many illegal immigrant workers work in the construction industry and many of them are injured on the job because of employers who simply don’t care for their safety or welfare. If you are an illegal immigrant who was injured you are entitled to worker’s compensation benefits and you may have the right to bring a personal injury lawsuit. Your status is protected and cannot be reported to the authorities and doesn’t prevent you from bringing a claim.
Your health is your wealth and the most important thing to do if you have been injured is to get the treatment you need whether that’s from the emergency room of a nearby hospital or a nearby urgent care facility. The last thing most people think of when they have been injured is what should I do if I later bring a lawsuit but if you have been involved in an accident on a construction site, below is a list of tips for what you should do:
Watch out for employers and supervisors who try to steer you away from getting the treatment you need or who advise you to tell the doctors or attending nurses that your accident happened a certain way. Also, your foreman or supervisor may try to direct you to a particular law firm. Many times these people are paid for getting injured workers to specific law firms and are only interested in their own pockets as opposed to getting you the representation that you deserve. Not only is it an illegal activity, the attorneys who pay them are specifically forbidden by the rules governing professional conduct from doing this. You shouldn’t place your future in a law firm that is engaged in illegal or unethical behavior nor should you place your faith in a firm that has to pay off people to get clients as opposed to getting them on the basis of their well earned reputations.
If you have been injured on a construction project you may have the right to bring a lawsuit against the owner of the project along with the general contractor and their agents which can include other sub contractors. These targets are known in the legal realm as “third parties.” If your employer provides workers compensation coverage you cannot sue your employer for your injuries but you may have a claim against the Third Parties as mentioned above. For more information on workers compensation please check the section below. While not every accident on a construction site may entitle you to bring a lawsuit, it is crucial that you consult an attorney with knowledge of New York construction laws so that you can establish if you have that right. The Labor Law as stated above that protects construction workers provides different sections and you need to consult with an attorney who has the requisite experience and knowledge of those laws in order to advise you as to whether you have the right to start a lawsuit for your injuries. IT DOESN’T COST ANYTHING to dial (917) 809-7014 and speak to the Law Office of Darren T. Moore and find out if you have the right to bring a lawsuit.
A personal injury case is generally made up of two parts: (i) Who is at fault (the liability portion) and (ii) What are the harms and the losses (the damages portion). In establishing the liability portion of a case, you need to identify who is responsible for your accident. This is where you need to consult The Law Offices of Darren T. Moore.
New York has enacted special laws in order to protect construction workers and that protection is covered under Sections 200, 240 and 241(6) of the Labor Law. Those laws provide that owners, contractors, and their agents on construction sites are responsible under the law for workers injured in accidents on the sites. Each section of the Labor Law deals with different areas of construction accidents and it is crucial you consult an attorney who is familiar with the intricacies of these sections so that you are protected and advised correctly. Therefore, who is responsible and who needs to be included in the lawsuit is a question for your construction accident attorney and that is where The Law Offices of Darren T. Moore comes in.
Known as the damages portion of a case it’s important that clients know what they are entitled to when they start a lawsuit for their injuries. In New York, you are entitled to claim for the following damages:
Each item of damages needs to be dealt with separately and specifically and involves in many cases the hiring of experts in the medical and financial professions such as economists, life care planners, and vocational rehabilitation experts so as to calculate accurately how much money is needed to fully and adequately compensate an injured person not just presently but taking into account future factors such as inflation. The Law Offices of Darren T. Moore enlist and work with the best experts in their fields to make sure that each client gets the representation that they not only need but deserve.
Worker’s Compensation is a form of insurance which pays for lost wages and medical expenses as well as other benefits. In New York, if you are injured at work, you are eligible to file a workers’ compensation claim. As stated above, if your employer provides you with workers compensation benefits you cannot bring an action against your employer for injury on the job. New York law protects employers from being sued for injuries suffered by their employees on the job. As long as your employer has workers' compensation insurance and did not intentionally injure you, you cannot sue, although you may recover workers' compensation benefits. The benefits are provided through the Workers Compensation Board and workers’ compensation can include:
New York Workers Compensation Benefits provides 2/3 of your gross weekly salary to a maximum rate which is calculated yearly with adjustments made for inflation each July. As of July 1, 2018 the maximum payment that Workers Compensation provides for lost wages is $904.74. Medical treatment related to your accident is paid separately. Especially in the construction industry, that number doesn’t adequately cover a worker for their lost earnings and fringe benefits and the amount of money that a worker is losing out on will be included in the lawsuit if he/she can sue for the injuries they sustained.
Were you involved in a construction accident that left you injured? Contact our construction accident law firm today! Call us at (917) 809-7014.