Millions Recovered For Construction Accident Victims
$6.5MillionConstruction worker who fell from a ladder suffering multiple injuries.
$2MillionWoman who suffered back and foot injuries in a motor vehicle accident.
$1.5MillionConstruction Laborer who was struck by an object on a construction site.
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.
There are many regulations set forth to protect construction workers like you from being injured on the job. In the event that it happens, you are eligible to file for New York’s workers’ compensation benefits to cover the necessary medical treatment and also to cover any lost time out of work.
But what happens if workers’ compensation benefits are not enough to cover your bills? This is often the case for union workers and construction workers who earn good money for the hard work and sacrifices that they make. Workers compensation may not cut it when it comes to the bills that a construction worker has. It is in your best interest to look for alternative sources of compensation for your injuries and whether this is available to you will depend on how your accident occurred, who is at fault for the accident and the seriousness of your injuries.
With the assistance of an experienced and diligent construction accident lawyer in Brooklyn, New York managing your case, you may obtain a separate settlement check from a 3rd party for your injuries. Property owners, construction managers, general contractors and sub-contractors may be held accountable for injuries sustained by construction workers under New York labor laws.
Learn what to do after a construction accident, and what legal options are available to you.
Construction Injury Procedure for Immediate Compensation
In New York, regardless of whether you or your employer acted improperly, you should be eligible for workers’ compensation benefits for almost all on-the-job accidents, even if you were in fact careless and even responsible for your own accident.
But securing your right to workers’ compensation depends on prompt action on your part. According to the New York State Workers’ Compensation Board, you should follow these steps if you are hurt while working at a construction site in New York City:
- As soon as you can, get medical attention.
The New York State Workers’ Compensation Board must grant permission to the treating healthcare professional in non-emergency cases. If your company participates in a Preferred Provider Organization (PPO) or Alternate Dispute Resolution (ADR) program, you might need to go to a participating provider for treatment.
- Inform your employer as soon as possible of your injury.
You must notify your employer in writing of the harmful incidence and how it happened within 30 days of the accident date. If you get sick due to your job, you have two years to report it, or two years from the time you discover or should have discovered that the disease is work-related, whichever comes first.
- Submit Form C-3.
To begin your workers’ compensation claim, fill out the form and mail it to your neighborhood Workers’ Compensation Board office within two years of the date of your injury or illness.
- Consider scheduling a consultation with a workers’ compensation lawyer.
Before doing number 3 above, seriously consider contacting and consulting a workers compensation attorney who can walk you through the process and assisting with any of the filings that workers comp requires.
You may also be entitled to additional compensation that workers’ compensation benefits can’t cover or provide. Our workers’ compensation attorney in Brooklyn can investigate your accident and uncover any potentially liable parties to file a lawsuit against to recover for your injuries and your pain and suffering.
Common Causes of Construction Accidents in 2022
The most often reported on-site construction accidents include falls, being struck by an object, forklift accidents and electrocution. A Brooklyn construction injury lawyer can assist in determining what other parties, such as the owner, general contractor, manufacturer or subcontractor, should be held accountable if negligence occurred, even though it is not permissible to sue your employer.
Every day on construction sites throughout New York, workers are required to work from heights to build the skyscrapers and office buildings that we see across the skyline. A lot of these workers are asked to do this work using inadequate equipment, such as defective ladders, ladders that aren’t tall enough or are not on sound footing and shaky scaffolds and ultimately the one who pays the heaviest price is the construction worker who is forced to get the job done using this substandard equipment.
The Electrical Safety Foundation International (ESFI) reports that there were 850 fatal electrical injuries and 74,950 nonfatal electrical injuries in the construction industry over a recent seven-year period.
Workers’ compensation should pay for your medical expenses and rehabilitation charges if you were electrocuted on the job in New York City. If, for instance, a defective electrical tool resulted in an injury, you might potentially pursue additional compensation from the product’s maker.
Struck By an Object Accidents
These objects can cause traumatic brain injuries, fractures, severe injuries, and even death when they strike a worker in the head. On construction sites, “hit by” incidents, such as those involving things falling from a higher elevation, account for about 10% of fatalities.
If an employee is hurt due to inadequate overhead protection, depending on how the accident happens, the property owner or contractor may be 100% liable for the accident.
According to OSHA, forklift accidents result in about 100 worker fatalities and 95,000 injuries annually. Of those, about 35,000 result in severe injuries. The New York Industrial codes protect construction workers from instances like overloading or improper driving techniques if hurt in a forklift accident.
Legal Action for Personal Injury Under New York Labor Laws
Fall protection, scaffolding, ladders, respiratory protection and hazard communication are among the most often violated regulations. New York Labor Laws are designed to protect the construction worker from owners, developers and general contractors who turn a blind eye to how sub-contractors on the site do their work. New York’s labor laws give construction employees unique safeguards, like the right to sue third parties for accidents on the job site even though those third parties may not have even supervised, controlled or directed any of the work that the employee was doing.
Article 10 of the Labor Law is one that may apply to your situation. If an injured worker can demonstrate a violation of Labor Law Section 200 or 240 (1) or a breach of the Industrial Code that is covered under 241(6), this clause allows lawsuits to be filed against property owners, contractors, subcontractors, and others.
Taking legal action to file a personal injury lawsuit against the appropriate party does not impact your ability to collect workers’ compensation benefits. It can help you obtain additional financial relief for your losses, injuries, pain and suffering and related losses like medical costs and loss of earnings. A New York personal injury lawyer can help you understand your options.
Speak With a Construction Accident Lawyer for Free Legal Advice Today
You can get free legal advice regarding your workplace construction accident case from the Law Offices of Darren T. Moore. With a Brooklyn, NY, construction accident attorney, your lawsuit process will be handled strategically and professionally from start to finish.
Our goal is to fight for #MOOREJUSTICE for our clients. To start with a free consultation, contact the Brooklyn law office today!