Unlike the majority of states, New York treats construction site accidents and their injuries differently than just your standard worker’s compensation claim, imposing a high duty upon developers, owners, and general contractors for certain workplace injuries, like falls, slips, and trips of worker’s that they may not even supervise, let alone employ. In addition, the worker’s compensation claim has its own thresholds, deadlines, and requirements that must be met.
While healing from an injury and dealing with the stress and anxiety that it brings, the complexities of worker’s compensation claims and construction accident laws and regulations can be overwhelming to navigate, but the law firm of Darren T. Moore strives to simplify the legal process and get you the reimbursement and the compensation you deserve.
Rather than battling your personal injury case on your own, get the help of a Staten Island construction accident attorney to examine your claim and help fight for maximum compensation.
Steps to File Worker’s Compensation or a Personal Injury Claim Following a Construction Accident
If you are injured on a construction site, follow these procedures to improve the result of your case:
Seek Medical Attention
If you are injured on a construction job, or anywhere for that matter you must seek medical attention. This will allow you to heal properly and know what to do to expedite your recovery while also laying the groundwork for your worker’s compensation claim or a Staten Island personal injury lawsuit. Continue to follow up with your medical professional and attend future appointments to ensure that you fully recover from your condition.
Inform Your Employer
You must notify your employer of the accident in a timely manner, ideally within 30 days of your accident. worker’s compensation claims require that the employer be notified within 30 days and a report/application be filed within 2 years of the accident in order to be eligible for benefits. You must include complete details about the body part or parts that you injured in the accident.
You can contact a construction accident lawyer in Staten Island if you have any questions.
Collect All Evidence
It is critical to record any contact information for witnesses, images of the scene, images of the equipment you were using, and whatever may have contributed to your accident. This will aid the Staten Island construction accident lawyer in their early investigation of your case.
Can You Sue Your Construction Employer for Workplace Injuries in New York?
In most cases, you cannot sue your employer for workplace injuries. The worker’s compensation system in New York is intended to replace your rights under normal personal injury law.
There are some, but they are very rare exceptions to this rule. While you waive your right to sue your employer, you retain your right to sue other parties and the construction accident laws in New York provide protection in this regard, by holding owners and general contractors responsible for the careless actions of employers who neglect their worker’s safety knowing that they can’t be sued because of worker’s comp. Irrespective of who caused your accident, it’s crucial you speak with a construction injury lawyer in Staten Island and find out who may be liable in a New York court for your injuries.
New York Construction Site Safety Regulations
The property owner and general contractor bear primary duty under New York Labor Laws. §200, §240(1), and §241(6) require these parties to ensure that you have the necessary safe operable tools for the work you are doing, it’s their responsibility to ensure that the job site and equipment that you are using are reasonably safe and comply with the industrial code and OSHA laws of the State of New York.
The Occupational Safety and Health Administration also recommends these safety requirements.
Identifying Potentially Responsible Parties for Your Construction Accident Case
The ability to sue is determined by who and what caused the construction incident and how it occurred. Parties who may be held accountable include:
- Property owners
- Construction Managers
- General contractors
- Site Safety Companies
- Third-party vendors
- Utility companies
- Government agencies
- The manufacturer
After a thorough investigation, a Staten Island construction accident lawyer that specializes in construction accidents can demonstrate that a third party’s negligence caused your injuries. Upon obtaining the necessary evidence, we may be able to hold them and others liable for compensation.
Construction Site Injuries Eligible for Compensation
Personal injury law grants construction accident survivors the opportunity to seek damages for the following monetary and non-monetary damages:
Scaffold fall crush injuries can result in broken bones, fractures, and even head trauma. If the impact of a fall or object is severe enough, surgery or amputation may be needed.
Traumatic Brain Injuries
Traumatic brain injuries are common on construction sites due to the potential for workers to strike their heads while falling from a height or being struck in the head by a falling object.
Even if a doctor classifies your TBI as mild, it can still be a severe injury with long-term effects. These wounds may cause loss of vision or hearing, speech problems, and even the inability to carry out daily tasks. Workers who have experienced a TBI should watch out for any symptoms or long-term effects.
Internal Injuries and Bleeding
Internal bleeding and serious internal organ damage can result from high-altitude falls or object impacts. Internal bleeding, which can be deadly if not treated quickly, can be difficult to detect in both cases at first.
Neck and Back Injuries
If a neck or back injury is suspected, it is best to wait for the paramedics before transporting the wounded person since such injuries might result in spinal cord damage. A spinal injury can cause chronic pain, loss of sensation or motion, and possible paralysis.
Emotional and Psychological Trauma
Serious workplace injuries can lead to post-traumatic stress disorder as well as other emotional and mental disorders like PTSD, anxiety, or depression. These can be severe enough to prevent the person from working even if they are not usually incapacitated and can spill over and cause issues in the injured person’s family and social life.
Is Hiring a Construction Accident Attorney in Staten Island Necessary?
If you have been seriously injured while working on a Staten Island construction site, hiring a construction accident lawyer in New York can only strengthen your case. While legal representation is not always necessary, in construction site accidents we would say it’s a must when dealing with worker’s compensation, sharp and at times deceitful insurance adjusters and navigating the litigation process. Maximizing your recovery and putting forward your best case is the main goal of hiring an attorney.
The law offices of Darren T. Moore have a reputation that precedes the courtroom. Clients have given top-rated reviews to the firm for its dedication and attention to detail in handling their personal injury cases. If you are seeking to recover MOOREJUSTICE and fair compensation, contact us today.