New York Construction Accident Lawyer: How Legal Expertise Can Help You Understand Your Rights
Construction is one of the most fatal occupations in America, more so in a busy city like New York. This is because New York City, with its great skyscrapers, busy roads and working sites, is prone to accidents. More so construction worker accidents leave the victim with serious injuries if not fatal and huge debts. That’s where a New York construction accident lawyer comes in, these legal professionals assist affected employees in dealing with legal procedures and obtaining their rightfully owed damages.
New York construction accident lawyer
What is a Construction Accident Lawyer?
A construction accident lawyer is a lawyer who helps construction workers who get injured while working in construction sites.
They are knowledgeable of the legal requirements that govern employees who have been injured while at work and particularly in the construction field, and are very aggressive when it comes to representing their clients. A worker can always seek the assistance of a New York construction accident lawyer who helps in filing claims, negotiating on behalf of clients and even representing clients in court or other legal settings.
Why You Need a Lawyer After a Construction Accident
Constructing a building tends to have a number of awkward situations particularly with regard to liability. You may be dealing with contractors, site owners, equipment manufacturers and other third parties. In this way, a construction accident attorney will help you understand who is liable for such injuries and recovering damages for you. Failure to seek legal help could ensure that you get compensated for the minimum that you are eligible to either from workman’s compensation or an injury claim, or worse, both.
Common Types of Construction Accidents in New York
Construction is New York City’s never-ending trade is sometimes can be a dangerous industry for its workers. The most frequent forms of such accidents include:
Falls from height: Falls are the number one culprit of fatalities on construction site. Even safety precautions fail when construction workers have to balance on platforms, in parts of buildings, on ladders, scaffolding or rooves.
Electrocution: Inadvertent exposure to electrical hazards such as dangling wires and coming into contact with electrically charged innards leads to shocking injuries and even death.
Falling objects: Tools or materials accidentally left into a height are dangerous to people below them.
Two hand work accidents: Cranes, vehicles, and other types of lifting equipments could occasion severe injuries from their bad performing or inappropriate use.
General Laws for Construction Workers in New York
In New York, particular laws exist specifically protecting the construction workers from injuries and among them is the New York Labor Law 240 popularly referred to as scaffold law. This law permits only the property owners and the contractors to assure the safety of those working on height in case of a fall. Moreover, the Occupational Safety and Health Administration (OSHA) implements and makes sure the safety guidelines are followed in order to avoid any kind of accident when working in the employment sites. When these provisions are breached, the employees who have been injured stand a better chance of recovering compensation.
Where Can a Construction Accident Claim Suit Be Stated?
If you have incurred an injury from a construction site accident in the New York city, you are eligible to claim compensation for your loss or injuries sustained. Potential claimants usually include:
Construction workers sustaining injuries within the context of their duties.
Anyone who is a subcontractor or an independent contractor in the site.
Dependants of deceased employees as a result of construction job-site accidents.
Workers Compensation versus Personal Injury Claim: The Difference Defined
After an accident occurs in relation with constructions, most of the employees make a workers compensation claim seeking for funds to pay for hospitalization and loss of income.
Occupational benefits can be frustrating to a worker as it may not address all insures especially for the injured person when third parties bear some degree of negligence Whilst you may apply for a personal injury claim, this is perhaps more aptly described as alternative forms of seeking to recover damages, which are also available in other situations.
Steps to Take After a Construction Accident
After a construction accident, the thoughts and feelings of a worker can be described as all-encompassing however the steps that you take can determine you being compensates or not. Here’s what to do:
Seek immediate medical attention: All attention and resources must be directed to reversing that situation. Paramedic assistance should be sought regardless of how someone feels. Some injuries are not immediately apparent but exceed what the person feels.
Report the accident: Communicate with your supervisor and ask him/her to report the incident and get it done.
Document the scene: Take as many pictures as possible of that site and/or video. Your injuries with or without unsafe conditions.
Contact a New York construction accident lawyer: There is no streamline approach on the case and that’s why all legal assistance is required right from the commencement. An attorney will make sure that you are not deprived of any of the benefits that you are entitled to and that you do not take adverse actions that will jeopardize your case.
How a New York Construction Accident Lawyer Can Help
There are many advantages to Hiring a New York construction accident lawyer:
Investigating The Accident: Your lawyer is responsible for acquiring evidence that will strengthen your viewpoint such as safety records and witness accounts.
Doing All The Filing: Legal paper works can be complicated however an attorney will ensure that the appropriate documents are completed and submitted on time.
Dealing With Insurance Adjusters: They will do their utmost to persuade you to accept a settlement at a significantly low amount. An attorney will however work to ensure that you receive correct rewards.
Advocating Your Cause In A Court Of Law: In case a reasonable out of court settlement can’t be reached, this lawyer will file for a hearing in law court and defend you himself.
Proving Negligence in a Construction Accident Case
In order to get compensated in a lawsuit that deals with personal injury, your lawyer has to show that there was some negligence that led to the accident occurring. In this type of cases, it is often shown that some safety procedures were bypassed, that the devices were faulty or that appropriate training was not provided.
OSHA Violations and Construction Accident Cases
OSHA violations can strengthen your case considerably. In the event that the employer or contractor was found to have breachd OSHA regulations this can be used to support your case when asking for compensation.
Frequently Asked Questions
What are some diseases or injuries, which are common at number construction sights?
Other examples of common injuries include broken bones, traumatic brain injuries, damage to the spinal cord, and burns.
Will I be able to file a claim since I contributed to the accident in some way?
Yes, New York uses a comparative negligence system which means New York is a “comparative negligence”.
What can I do if my Workers’ Compensation claim was disapproved?
A lawyer can help you appeal the denial providing adequate justification and having your case heard in an objective manner.
How long do I have to file a lawsuit after getting involved in an accident in construction sites?
In New York, however, the limitation for cases of personal injury is three years from the day the accident occurred
What are the chances of getting a lawyer when I am simply going to apply for workers’ compensation?
Yes, even after a work related accident and workers compensation has been obtained without the assistance of an attorney, their help will Guarantee that you get all entitled benefits and avoid any problems.
What is the average fee charged by a construction accident lawyer in New York?
Most of them work for a contingency fee in other words they only get paid when they win the case for you.
Conclusion
A Construction accident attorneys New York can be very helpful to you after suffering a physical injury.
Dealing with a worker’s compensation claim or pursuing a personal injury claim? You need to make sure you get justice and that you are compensated for any damages caused. Don’t let a construction site accident ruined your way of living, get the assistance you require and secure yourself today.
