Every day construction workers go to work in the morning wanting to earn their salary in exchange for an honest day’s work. Unfortunately many property owners and general contractors fail to abide by safety rules endangering construction workers. Construction sites throughout New York City are dangerous places to work. For this reason, NY law protects workers, especially from elevation or gravity-related accidents. The trial lawyers at the F&A Injury Law Firm have been representing NYC construction workers for more than twenty years. Our firm focuses exclusively on personal injury law only representing injured people. Since 1999, our lawyers have been passionate about helping serious injury victims and families. With offices in Brooklyn, Queens, the Bronx, and Manhattan we help injured workers throughout the New York City area.
How Can A Construction Accident Lawyer Help Me?
A New York City construction accident lawyer can help workers who follow all proper safety precautions but are nevertheless exposed to avoidable dangers at worksites.
Important ways a construction accident attorney can help include proving liability by showing the court statutes, industrial codes, and case law that proves who was at fault.
An experienced construction accident trial lawyer will also build a damages case by coordinating their client’s medical care with top medical specialists including orthopedic, neurological surgeons. A personal injury lawyer specializing in construction accidents will also help streamline workers’ compensation benefits to protect your legal rights. If necessary, the lawyer will work with life care planners, economists, vocational rehabilitation specialists, and other experts. Full compensation includes:
pain and suffering
loss of enjoyment of life
lost wages including loss of future earning capacity, the value of household services, fringe benefits, overtime, and union benefits
other economic damages such as past and future medical expenses, hospital bills, rehabilitation costs such as physical therapy, prescriptions, surgery, and other needed care
Very often a serious construction accident lawsuit commands six and seven-figure damages compensation.
Do I Need a Construction Accident Attorney?
A worker is in a dire and difficult position after a construction site accident. The individual needs time to recover, to get medical care, and recuperate from the injuries. But the realities of life prevent that as construction workers must keep money coming in to maintain their household. Additional stresses including medical bills, insurance claims, worker’s compensation, and recovery of lost wages.
Your law firm will take every step to protect your rights to a full compensation claim. These include building the strongest case on both liability and damages in your injury lawsuit, coordinating your medical care, ensuring all your bills get paid timely, and working with you so you can reclaim your life.
Who Is Responsible For My Construction Accident?
The question of who, if anyone, is responsible for a construction accident is known as legal liability. To find out who is accountable, an experienced construction site injury trial lawyer must look to the facts of your claim and how these facts apply to existing statutes and case law. New York has statutes that protect construction worker safety codified in the NY Labor Law sections 240, 241(6), and 200.
The law holds owners, contractors, and their agents working on construction sites absolutely liable. Very often lawsuits are filed against the property owner and the general contractor on the job site but each case should be examined and investigated to determine the proper defendants.
What types of construction accidents does your firm handle ?
Construction worksite accidents result in serious injuries, permanent disability, and even wrongful death. Very often the property owners and general contractors fail to uphold safety protocols. We offer a free consultation to determine if we can help. Some of the accident types we have filed injury claims for have included
electrical accidents; chemical burns; unsafe construction industry practices; unsafe construction equipment, construction company practices, or construction machinery
scaffolding accidents including collapsed scaffolds falls from scaffolds, improperly erected scaffolds, or scaffolds lacking proper safety equipment such as side railings or guard rails
Ladder Accident including falls from a ladder, placement of a ladder on an uneven surface
passageway trips and falls due to construction debris, garbage, construction materials, or poor housekeeping practices
worker’s compensation claims where we help people obtain compensation benefits; representing workers in third party lawsuits where they believed they were only entitled to worker’s comp and did not know they could also have valid third party accident claims
There are many types of construction company contractors, construction trades, and types of potential accidents at worksites:
demolition of commercial construction buildings, partial demolition
construction machinery; lack of site safety; lack of safety protocols; product liability
The Scaffolding Law is section 240 of the NY Labor Law which protects construction workers by holding construction site property owners and general contractors absolutely liable if proper safety protection or equipment is not provided. Section 240 usually applies to elevation or gravity-related injuries.
The intent of this statute is to provide safe working conditions for construction laborers in New York State. The most common include falls from a ladder, scaffold, or other height at a construction site or falling objects that injure workers. The scaffolding law is meant to eliminate safety hazards and recurring safety problems at worksites to provide safety for construction industry workers.
What Damages Can an Attorney Help Me Obtain After My Construction Accident Injury?
The types of damages recoverable after a construction site accident can include:
Past and Future Loss of wages;
Past and Future Medical expenses such as therapy, prescriptions, surgery, hospital bills, and others
Pain and Suffering
Loss of Enjoyment of Life
Emotional Distress or anguish
and others depending on the facts of your specific case.
How Does a Lawyer Investigate a Construction Accident Case?
The investigation process begins when a client retains the F&A construction accident law firm and does not stop until a favorable settlement or trial verdict is reached. An experienced lawyer will keep looking until an ironclad case is built.
Construction Accident Case Investigation include:
internet searches and Freedom of Information Law (FOIL) searches for permits, insurance, violations, and property information from sources such as the NYC Department of Buildings, Occupational Safety and Health Administration (OSHA), ACRIS property information in the NYC area. This information helps identify the common causes of accidents.
site visits with measurements and photographs/ video
use of experts include safety engineers and construction safety, experts
Worker’s Compensation file from the worker’s compensation board (WCB)
Police Incident Report
Obtaining all medical records from all providers (ambulance call report, hospital records, and treating doctor or medical office records)
Employment records and union records
Income Tax Returns
Witness Statements. It is vital to obtain eyewitness statements to prove defendants were liable. Stories can change or co-workers can be intimated and not want to testify against their boss. For this reason, early witness interviews are vital with affidavits, video recordings, non-party depositions to preserve important testimony. In addition to eyewitnesses, after a serious injury, it is important to interview a circle of friends witnesses including neighbors, coworkers, friends, family, and others who can explain the injured victim’s human story and how this incident changed their life. This is very vital especially if independent community witnesses can be used to paint a picture of the injured person’s life before vs. after the injury.
Photographs of the Scene and Accident Location
all companies and contractors working at the site, all contracts for work, toolbox talks, safety meetings, safety supervisors on-site, all insurance policies, all progress notes for the construction job with progress photos, and other similar documents usually exchanged in discovery
How do Lawyers Handle Depositions or Examination Before Trial (EBT) in Construction Accident Lawsuits?
One of the most important aspects of a plaintiff’s deposition in any personal injury case is preparation. An injured worker has probably never had to testify under oath and answer questions from an experienced
It is vital to spend a lot of time preparing our clients for deposition. In preparation, we go through the client story as to both the facts of what happened to touch on issues of accountability for the accident. Likewise, the description of the damage must be thoroughly and extensively prepared.
With respect to NY construction accident laws and statutes, there are certain pitfalls that an experienced construction accident lawyer can help clients steer clear of. Very often insurance defense counsel representing owners or general contractor insureds in construction accident lawsuits will bring up defenses such as recalcitrant worker or sole proximate cause.
It is vital for your lawyer to explain these concepts, anticipate them, and flush them out to ensure your case is fully protected from these and other defenses which can result in a complete dismissal. Next, your lawyer will take depositions of the defendants in order to prove safety rule violations and hold them accountable.
What will your attorney try to find out during a Deposition of the Defendants in a Construction Accident Lawsuit?
Our attorneys review all of the available evidence and demand important information in document discovery. After, we depose parties with the most knowledge of the issues in the case.
damages or medical injuries; are the injuries permanent?
the venue where the lawsuit is filed – New York County (Manhattan), Kings County (Brooklyn), Queens County, Bronx County, or other areas in New York State
Dedicated To Vigorously Representing The Seriously Injured
F&A law firm are New York City construction accident trial lawyers dedicated to vigorously representing the seriously injured. If you have been hurt on a construction job site, contact our firm for a free consultation so you can fully understand your rights.
Very often a construction worker is entitled to worker’s compensation as well as a third-party lawsuit against a general contractor and or owner of the property under construction.
A construction accident can result in financial hardships and be devastating to the injured worker and his or her family. Medical bills lost wages, pain & suffering, and the uncertainty of future medical expenses and the future prognosis is extremely difficult obstacles to deal with. An experienced construction site accident trial attorney can help sort through complex issues that will prove liability against the negligent parties.
Further, F&A trial lawyers will build the strongest damages case for presentation to a jury including claims for lost wages, expert economic projections. and the use of top medical specialists.
Contact F&A for a confidential consultation about your construction injury matter at (212) 222-1111. Our firm has two convenient Manhattan locations at 30 Broad Street downtown and at 45 Rockefeller Plaza in midtown Manhattan.