If you were injured in a construction site accident, you have the right to file a workers’ compensation claim against your employer. However, workers’ compensation benefits are limited and therefore may not cover all of your losses. You may, in addition, have the right to file a lawsuit against a negligent third party that caused your accident.
You can expect resistance from the defendants and their insurance companies as they dispute your claim for monetary damages. But having the right law firm by your side will make a difference in the outcome of your case. Find out why so many construction accident victims in Nassau and Queens trust the seasoned counsel of Bornstein & Emanuel, P.C.
The Limits of Workers’ Compensation
As in other states, New York construction workers who have been hurt on the job can file a workers’ comp claim with their employer. There is no requirement to prove negligence and the injured worker is generally entitled to payment for medical care and partial wage replacement. However, workers’ compensation does not pay for pain and suffering and it may not cover all of your future medical needs.
Under the workers’ compensation system, an injured worker cannot sue their employer since the system is not based on fault. But depending on the circumstances, the victim may be able to sue certain third parties who negligently caused the victim’s injuries. These may include, among others:
- The property or building owner: If the property was poorly maintained or the building was not properly constructed, and thereby contributed to the accident, the victim could have a claim.
- Architects and engineers: Those responsible for designing the building and ensuring building code compliance can also be named as defendants.
- Contractors: General contractors may be liable for the victim’s injuries if their subcontractors failed to provide reasonable safety for workers.
- Machinery and equipment manufacturers: When machines and equipment are poorly designed, built, or assembled, or they lack adequate safety instructions, those who get hurt may take legal action.
Types of Construction Accidents We Handle
Construction sites are dangerous places, with plenty of hazards that can cause harm to even the most experienced worker. Regardless of the type of accident you’ve been in on a construction site, our Nassau and Queens personal injury attorney is ready to assist you. We represent clients in such matters as:
- Falls from heights: Falls are the leading cause of death at construction sites, and may also result in serious and permanent injury and disability. There are various potential causes such as missing guardrails and malfunctioning harnesses.
- Scaffolding accidents: Contractors and others must properly erect scaffolding to prevent falls. New York even has a specific law to hold at-fault parties accountable when workers get injured because of improperly installed scaffolding.
- Ladder accidents: Ladders can fall over, causing the worker to fall and sustain major and perhaps irreversible injury. Some ladders are defective (e.g. the rails or rungs are damaged) while in other cases workers overload the weight limits.
- Falling objects from scaffolding, cranes, and ladders: Objects that fall can hit workers and other victims, like pedestrians, below. Even small objects can be deadly if they fall from a high enough elevation.
- Carbon monoxide, radiation, and toxic chemical exposure: Workers on job sites and in buildings can be exposed to these substances and develop respiratory and other injuries. The problem is particularly acute in older buildings with asbestos and lead paint.
- Flammable, combustible materials, fires, and explosions: Any materials or substances that could catch fire or explode must be handled and stored with the utmost precaution. A minor mistake can cause a deadly incident that costs lives and leaves permanent injuries.
- Electrocution and burn injuries: These may occur in various ways such as exposed or frayed wiring, wet conditions near electrical outlets, and even poorly maintained or broken equipment. Electrocutions and burns are serious, painful injuries that require immediate treatment to avoid complications.
- Defective machinery and tools: The machines, equipment, and tools that construction workers use are vital to getting the job done. But safety regulations must be observed, and the company that built, assembled, or maintained the item in question could be held responsible for defects.
Possible Damages in a Nassau and Queens Construction Accident Case
If you’ve been hurt on the job, your main priority is to get your life back to normal as quickly as possible. Although the nature and amount of damages will vary from one type of construction accident to another, in general, victims can seek compensation for the following:
- Medical bills, including for past and reasonably projected future expenses
- Rehabilitation, physical therapy, adaptive medical equipment, and the like
- Lost wages for time the victim spends recovering from their injuries
- Lost earning capacity in the event the victim cannot work or work at the same productivity level
- Pain and suffering and emotional distress
- Permanent disability, disfigurement, and loss of enjoyment of life
In the event the victim dies from their injuries, our wrongful death attorney can help eligible survivors recover such damages as the victim’s final medical expenses, funeral and burial costs, and the loss of emotional and financial support.
How Our Construction Accident Attorney Can Help
Our Nassau and Queens construction accident attorney is ready to handle every aspect of your case from start to finish. Our services include:
- Investigating the causes of your construction accident
- Identifying the parties who were at fault for your injuries
- Obtaining evidence, both informally and formally through the discovery process
- Filing and serving all pleadings, motions, and other court papers
- Appearing on your behalf at all court proceedings
- Representing you during mediation and negotiations with the at-fault parties
- Handling all communications with the at-fault parties’ lawyers and insurers
- Attempting, if possible, to work out a settlement agreement that fairly compensates you for your losses
- Taking your matter to trial if the at-fault parties will not negotiate in good faith
Contact Our New York City Construction Accident Attorney
We recognize that after being in a construction accident, you are likely overwhelmed with your injuries and the prospect of not being able to work. Let Bornstein & Emanuel, P.C. alleviate the pressure by zealously advocating for your rights and best interests. Contact us today to schedule your initial consultation.
