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USA Construction Accident Lawyer Experienced

Construction workers face difficult and dangerous working conditions. No wonder it’s one of the top five industries with the highest injury rates. If you’ve been injured on the job at a construction site, it’s time to contact a New York construction accident attorney.Construction accidents are often complex and difficult to manage, this is where an experienced lawyer can help you. The Weinstein Group Law Group, PLLC has over 30 years of experience in the representation of victims of construction accidents.Contact us today at 212-741-3800 to schedule your risk-free case evaluation.

Why should I contact a construction accident lawyer?

Given the high risk involved, construction sites are closely monitored by state and federal safety regulations. However, despite the strict standards that govern construction work, several parties involved often fail to protect their workers.

Construction site owners, equipment manufacturers, general contractors and subcontractors can all play a role in a construction accident. However, all of these parties will do whatever they can to reduce their liability when a worker is injured.

You don’t have to navigate the complicated insurance claim process alone. Work with a New York construction accident attorney who can thoroughly investigate your accident, determine each party’s liability, and guide you through the legal process.

What are the common causes of construction accidents?

Despite Occupational Safety and Health Administration (OSHA) requirements and inspections, three of the top ten most frequently cited security breaches in 2019 took place on construction sites. Failure to follow OSHA safety rules often results in accidents on construction sites that could otherwise have been avoided.

Some common causes of construction accidents include:

  • Falls from elevators
  • Falls from ladders
  • Scaffolding accidents
  • Being struck by falling objects or debris
  • Inadequate training
  • Misuse of tools
  • Electrical accident
  • Slips and falls
  • Collapsed structures
  • Crane accidents
  • Equipment malfunctions
  • Fires
  • Exposure to toxic materials
  • Compressed gases
  • Welding accidents

When safety rules are ignored, the risk of one of these accidents increases dramatically.

How to receive financial compensation for a construction accident

The laws surrounding construction worker injuries are complicated, but they tilt in favor of the worker. When you’re injured on the job, New York offers you two different ways to get the compensation you need to pay for medical bills and lost wages: file a worker’s compensation claim or sue for justice for bodily injury.

For many construction workers, this is the only way to support their families after an accident. If you are a construction worker injured on the job, contact us today.

Workers’ Compensation vs. Personal Injury Lawsuits

You do not have to sue your employer to receive financial compensation. In fact, under New York law, you cannot sue your employer. Instead, you have two legal options: a worker’s compensation claim or a lawsuit against a negligent third party.

In most cases, the smartest decision is to pursue both. Receiving workers’ compensation does not prevent you from taking legal action.

Worker’s Compensation Claim for a Construction Accident

Workers’ compensation is a form of insurance that your employer is required to carry. It protects you and your employer. Here’s what you need to know about workers’ compensation:

  • You can receive compensation for your medical expenses and part of your lost wages.
  • You don’t have to prove that your employer did anything “wrong”. Workers compensation pays whether or not there has been a safety breach.
  • Employers will generally not contest a workers’ compensation claim.
  • Workers compensation does not endanger your work. In fact, workers’ compensation protects your employer from liability.
  • All injured workers are eligible for workers’ compensation.

Our first step in your case is to ensure that you have filed a workers’ compensation claim. This protects you whether you have grounds for a lawsuit or not.

File a complaint for a construction accident

Construction accidents usually only happen if a safety rule is broken. It could be anything from not being given a stable and secure ladder or being handed scaffolding harnesses with frayed ropes. It can also mean pushing employees to work too fast or under arduous and dangerous conditions.

When an accident at work involves a violation like this, your injuries are a direct result of someone else’s negligence. This is when a trial is appropriate.

Filing a lawsuit is important for three reasons:

  1. Workers’ compensation pays nothing for pain and suffering. You can only get this form of compensation from a personal injury lawsuit.
  2. Workers compensation rarely reimburses 100% of all your costs, especially missed wages. A lawsuit allows you to get the full amount you need.
  3. The construction industry is New York’s most dangerous industry. If construction companies are not held responsible for injuries, they will not improve the safety conditions of future workers.

A lawsuit like this is never against your employer, but rather against a third party who played a role in the events leading up to the accident.

Who can be held responsible for a construction accident?

Although employers are exempt from personal injury lawsuits for construction accidents, it is still possible to file a lawsuit against a third party under New York Labor Law Section 200. These may include:

  • Site owners
  • General contractors
  • Subcontractors
  • Project managers
  • Equipment manufacturers, retailers or wholesalers
  • Architects

What to do if you are injured on a construction site?

If you are injured on the job, seek immediate medical attention. In serious situations, you will be transported to the emergency room. Even if your injury does not seem serious, it is strongly recommended to see a doctor. Some seemingly minor injuries can become serious enough to end your career if left untreated.

Many construction sites will have their own doctor to refer you to; sometimes they are even there. They often don’t have the diagnostic tools to do a full assessment. They will take a statement from you while you are still in pain and before you know the severity of your injury. This statement is for the insurance company to use against you.

Similarly, some insurers will offer to send a nurse to your doctor’s appointments to “coordinate care”. This nurse’s incentive is to reduce the number of expensive treatments you are approved for since the insurance company has to pay for them.

Go see a doctor you know you can trust. If the nature of your injury is urgent, go to the emergency room immediately. The insurance company may wait to get a statement until you have an attorney on your side.

What Damages Can a New York Construction Accident Lawyer Help Me Recover?

The consequences of a construction accident are not limited to the resulting injuries. The injury can have serious emotional, physical and financial consequences for the construction worker and their family.

It’s hard to estimate what kind of impact a construction accident will have on you and your loved ones. For this reason, filing a personal injury lawsuit against a negligent third party may be your best bet to recover as much damages as possible.

Your construction accident lawyer can help you recover damages for:

  • pain and suffering
  • Wage loss
  • Reduced future earning capacity
  • physical therapy
  • Collection costs
  • Counseling therapy or treatment
  • Loss of consortium for loved ones left behind

Prescription of construction accidents

Once you’re injured on the job, time is of the essence. You have a tight deadline to file your case.

These timelines vary and can be very confusing:

  • If you work for a municipal entity, you have as little as 90 days to file a notice of claim.
  • If you work for a private entity, you have up to three years to sue, but you should give your notice much earlier.
  • Workers’ compensation must be filed within two years, but notice must be given much sooner.

If you wait to file a notice of lawsuit, even if you are within the three-year period, you may not receive any money. The insurance company will try to “reject” it due to the time that has passed. For this reason, it is crucial that you contact a construction accident lawyer as soon as possible to give you the best chance of recovering your rightful compensation.

John Gadmel

Editor-in-Chief at Gadmel.com and android developer at UPRSoft.

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