If you were hurt in a construction site accident, you need an experienced NYC construction accident lawyer to protect your right to fair compensation. Workers hurt on construction sites have looked to Rosenbaum & Rosenbaum, P.C. for over 40 years. We fight hard to get justice for injured workers. Contact us at (212) 969-8616 for a free consultation.
Our work accident lawyers know how that construction accident injuries are often severe. Your life can quickly change in ways you never imagined—while medical bills start to pile up and you struggle to recover. In many cases, workers’ compensation isn’t enough to get by.
Our New York City law firm is here to help. You can call us anytime to learn more about your options for getting fair compensation. Our accident lawyers will review your case for free, so don’t hesitate to get in touch with us to learn more.
EXPERIENCE COUNTS WHEN CHOOSING YOUR NEW YORK CONSTRUCTION ACCIDENT ATTORNEY
Getting financial compensation can be key to protecting yourself and getting the medical attention you need. Unfortunately, laws designed to protect workers are complex and you could be facing an uphill battle. At Rosenbaum & Rosenbaum, P.C., our NYC personal injury lawyers can help.
When workers are hurt on construction sites, they might think that workers’ compensation is their only option. While workers’ comp is valuable, you may be entitled to hold someone else responsible for your injuries via a third-party claim. Our lawyers focus on finding the cause of your construction accident so that the responsible party is held accountable.
NYC CONSTRUCTION ACCIDENT STATISTICS
Construction is NYC’s most dangerous occupation. In 2018, 30% of all NYC work fatalities were in the private construction industry. That number—22—represents a slight increase from 2017, where 20 construction-related deaths were reported. Hundreds of additional workers suffer serious injuries in construction accidents every year.
On a nationwide scale, transportation-related incidents caused the greatest number of work fatalities. In NYC, most work-related construction deaths were caused by:
- Contact with machinery or objects
- Slips, trips and falls
In NYC, working from heights is common on construction sites—so it isn’t surprising that falls account for a higher proportion of serious injuries. The city and labor authorities have passed laws designed to protect workers from these and other dangers. Unfortunately, the people in charge often cut corners to make a bigger profit.
At Rosenbaum & Rosenbaum, P.C., we fight to keep you from becoming a statistic. Our lawyers personally handle your case with one goal in mind: getting the full amount of compensation you deserve. Call our office today to get to know our legal team and how we can help.
TYPES OF CONSTRUCTION ACCIDENTS
Our experienced accident lawyers at Rosenbaum & Rosenbaum, P.C. handle all types of construction accident cases, including those involving:
- Scaffolding falls
- Roof and ladder falls
- Falling objects and debris
- Equipment malfunction
- Dangerous tools and machinery
- Nail gun accidents
- Crane accidents
- Forklift accidents
- Accidents involving excavation work
- Brazing and welding accidents
- Electrocution and electric shock
- Fires and explosions
- Exposure to toxic chemicals
You might think that these types of dangers are common to all construction zones. While that’s often true, it does not minimize your right to be fairly compensated for your injuries.
WHAT ARE COMMON CAUSES OF NYC CONSTRUCTION ACCIDENTS?
It’s unfortunate that construction accidents can often be traced back to the same causes. The root cause of many accidents and injuries is simple negligence. That means someone neglected their duties and you were hurt as a result.
Frequent causes of NYC construction accidents include:
- Lack of proper protective equipment
- Failure to properly secure or install scaffolding
- Improperly maintained equipment, machinery and tools
- Lack of appropriate training for handling heavy machinery and complex equipment
- Defects in equipment and machinery on work sites
- Lack proper supervision
- Failure to communicate
NYC has enacted laws specifically designed to impose liability on the parties who control safety on construction sites. Proving the cause of the accident can impact the types of compensation available in your case.
Our accident attorneys at Rosenbaum & Rosenbaum, P.C. know the details of these laws and will work to find out what happened in your case.
SECTION 240: NYC SCAFFOLDING LAW
For example, Section 240 of the New York Labor Law provides rules for using scaffolding on a construction site. The law provides:
- Scaffolding installed more than 20 feet off the ground must have a safety rail made of suitable material that is at least 34 inches high
- The safety railing must cover all sides and ends of the scaffolding, with only sufficient openings to allow delivery of necessary materials
- The scaffolding must be constructed to bear four times the maximum weight required
- The scaffolding must be properly secured to prevent swaying away from the building and the structure
Under the scaffolding law, strict liability applies. That means you don’t have to show that the owner or contractor was careless to get compensation. If our lawyers can get the evidence to show a violation of Section 240, you have the right to pursue compensation.
SECTION 200: DUTY TO PROVIDE SAFE WORKING CONDITIONS
Section 200 of the NYC Labor Code provides a general duty for contractors and owners. These parties are legally obligated to provide reasonable and proper protection to workers on the site. This includes making sure equipment and machinery are generally safe for use. Contractors and owners have a general duty to fix dangerous conditions and to warn of any dangerous conditions that have yet to be fixed.
CONSTRUCTION ACCIDENTS OFTEN CAUSE SERIOUS INJURIES
New York construction workers are accustomed to scrapes and bruises. However, many construction accidents cause injuries that are much more serious. Workers who are hurt in construction accidents often suffer:
- Crush injuries
- Spinal cord damage
- Brain injuries
- Broken bones
- Head and neck injuries
- Wrongful death
Some of these injuries can permanently impact your life. Even if you are able to go back to work, you might be in pain. You might find that you can’t participate in the activities you enjoyed before the accident.
At Rosenbaum & Rosenbaum, P.C., our injury attorneys want to make sure you are fairly compensated for your work injuries. We are here to explain your legal rights and help you through the entire legal process, including negotiating with the insurance company.
GETTING FAIR COMPENSATION FOR CONSTRUCTION ACCIDENT INJURIES
Most construction accident victims hurt on the job are eligible for workers’ compensation benefits. Workers’ compensation benefits provide:
- Reimbursement for all medical expenses
- Part of your lost wages
- Permanent disability
- Death benefits
Self-employed people, however, are not eligible for workers’ comp. Workers’ compensation also does not provide compensation for everything you might need.
In a personal injury lawsuit, additional forms of compensation become available. The following types of damages may be available to provide compensation for your injuries:
- All current and future medical bills
- Any costs related to treating your injury, including in-home care, medical devices and physical therapy
- The full amount of your lost wages
- Loss of your future earning capacity
- Loss of enjoyment of life
- Pain and suffering
- Emotional trauma
- Compensation for disfigurement and scarring
- And more
Importantly, pursuing action via the personal injury process is a way to hold the responsible party accountable for their negligence. Unlike in the workers’ compensation context, however, it is necessary to prove that someone’s carelessness caused your construction accident.
HOW DOES THE THIRD-PARTY CLAIMS PROCESS IN CONSTRUCTION ACCIDENT CASES WORK?
You usually lose the right to sue your employer for compensation if you are hurt in an accident. Workers’ compensation steps in to provide benefits. Third parties who are not your employer remain liable for damages in a personal injury case. Potentially responsible parties include:
- Property owners
- The manufacturer of defective product, such as tools, equipment or machinery
Holding these parties accountable requires a showing of negligence. The experience of your lawyer is key to building a strong case. With over 40 years’ experience, Rosenbaum & Rosenbaum, P.C. is ready to go to work for you.
CAN YOU RECOVER COMPENSATION IF YOU WERE PARTLY AT FAULT FOR YOUR CONSTRUCTION ACCIDENT?
Comparative fault—or shared responsibility—can impact your ability to recover financial compensation in a personal injury lawsuit. Workers’ compensation, on the other hand, is a no-fault system. That means you can recover workers’ compensation benefits after a construction accident even if you were totally to blame.
The only limited circumstances where fault might jeopardize your workers’ compensation benefits arise if:
- You were using drugs or alcohol
- You intentionally caused the accident
In a lawsuit, multiple parties might be held responsible. The responsible party might even try to shift the blame to you. Even if you were partly to blame, you don’t lose your right to compensation entirely. NYC law only reduces your available compensation if you were partly to blame.