Construction Accident Lawyers New York

Millions Recovered For Construction Accident Victims

As a personal injury law firm, our Motto is “MOOREJUSTICE,” and we seek that in every case retained by our firm. Call us or fill out our online contact form today for a free consultation.

What do I Need to Know if I Was Injured in a Construction Accident?

Construction is one of the most booming industries in today’s world, 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. These workers build the homes, offices, and roads necessary to support the growth and success of New York and, in particular, New York City.

Unfortunately, construction is one of the most dangerous occupations, 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 an injury by one of what they refer to as the “Fatal Four” – the four most common injuries:

• Falls
• Struck by an object
• Caught under or in between an object
• Electrocution

Many of these accidents occur because construction companies simply don’t protect their workers or provide them with 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:

• Falling through holes on job sites
• Getting run over by operating equipment
• Being struck by falling objects
• Crane accidents
• Saw and Cutting Blade Accidents
• Unsafe working conditions
• Tripping over debris
• Welding accidents
• Stepping on sharp objects/extrusions
• Window washer accidents
• Painting accidents
• Cleaning accidents
• Forklift accidents
• Trench accidents
• Falling from a height – including falling from a ladder and scaffolds
• Slipping on dangerous and defective conditions such as snow and ice and spills

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 one 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 construction accident attorneys have handled many construction workers’ claims.

We have extensive knowledge of New York state’s regulations, Labor Law, and 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.

Additionally, 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 site accidents can be eligible to file both a workers’ compensation claim and a lawsuit.

What if I Am Undocumented?

Many illegal immigrant workers work in the construction industry, and many of these workers get 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 workers’ compensation benefits, and you may have the right to bring a personal injury lawsuit.

Your status is protected, cannot be reported to the authorities, and doesn’t prevent you from bringing a claim. You need to contact a New York personal injury construction attorney to protect your rights.

What do I Do if I Am Involved in an Accident?

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 an urgent care facility. The last thing most people think of when they have been injured is what they should do if they later bring a lawsuit.

If you have been involved in an accident on a construction site, you should first contact the experienced personal injury construction attorneys at the Law Offices of Darren T. Moore PC. Below is a list of tips for what you should do after an accident:

• Report your accident to a supervisor/foreman
• Seek medical attention immediately
• Don’t change the story of how your accident occurred when talking to attending medical staff
• Provide medical staff with your correct name, address, and facts relating to your accident
• Request that your employer notify workers’ compensation of the accident
• Take pictures of the area where your accident occurred and, if possible, of the actual condition or the equipment that caused your accident – Note if your injury prevents you from doing so, request that a colleague take the pictures for you
• Determine if anyone witnessed your accident and if there are any witnesses, make sure you obtain their full name and contact details

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 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 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.

Can I Bring a Lawsuit for My Construction Accident?

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 subcontractors. 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. However, 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 a construction accident injury lawyer 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 is broken into 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 give us a call and speak to an experienced construction accident lawyer about your right to bring a lawsuit.

Who Is Responsible for My Construction Accident?

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 a construction accident lawyer.

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.

What Types of Compensation Can I Recover in a Construction Accident?

Known as the damages portion of a case, it’s important that clients know what financial compensation they are entitled to when they start a lawsuit for their construction site injury. In New York, you are entitled to claim the following damages:

• Physical and emotional pain and suffering
• Past and future medical expenses
• Past and future loss of wages, earnings, and benefits
• Loss of consortium
• Diminished quality of life
• Wrongful death
• Punitive damages in certain situations

Each item of damages needs to be dealt with separately and specifically and involves, in many cases, hiring experts in the medical and financial professions, such as economists, life care planners, and vocational rehabilitation experts.

These experts can help accurately calculate 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.

Our personal injury construction accident lawyers 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.

What Benefits Are Provided by Workers’ Compensation?

Workers’ compensation is a form of insurance that pays for lost wages and medical expenses, as well as other benefits. In New York, if you get 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 from the insurance company.

The benefits are provided through the Workers’ Compensation Board, and workers’ compensation can include:

• Full coverage of medical costs
• Possible money awards for permanent impairment to extremities, regardless of whether or not you lose any time from work
• Reimbursement for all out-of-pocket expenses, including transportation to and from your doctor’s office
• Partial compensation for lost wages
• Potential disability benefits
• Death benefits

New York workers’ comp benefits provide 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, 2019, the maximum payment that workers’ compensation provides for lost wages was $934.11. This is expected to increase on July 1 of each subsequent year.

Medical treatment related to your accident is paid for 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 they can sue for the injuries they sustained.

Were you involved in a construction accident that left you injured? Contact the construction accident lawyers at The Law Offices of Darren T. Moore today to get a free consultation. We can help get you a fair settlement for your damages.