Every year, several construction projects are executed in New York City and other areas across New York State. Unfortunately, accidents and mishaps often occur on construction sites and may result in minor or severe injuries. According to statistics from the NYC Department of Buildings, there were about 712 construction-related incidents
Have you suffered an injury or an accident that’s left you clueless? Do you find yourself wondering, feeling lost, and unsure what sort of help you should receive? If you’re unsure if you need assistance with a personal injury, odds are, you likely should reach out for help. If you’ve
BDC 319 : Aug 2024
Every year, several construction projects are executed in New York City and other areas across New York State. Unfortunately, accidents and mishaps often occur on construction sites and may result in minor or severe injuries. According to statistics from the NYC Department of Buildings, there were about 712 construction-related incidents in New York City in 2021, causing 505 injuries and 9 fatalities. Thankfully, there are New York State laws designed to protect the rights of employees who are injured in work-related accidents or suffer an illness while on the job. If you’re a construction worker who has been hurt on the worksite, you may be eligible to seek fair compensation for your injuries. Your available options to recover damages may include seeking worker’s compensation benefits, filing a personal injury claim, or filing a lawsuit against the negligent third-party. However, recovering damages for your construction accident injuries often involves a lot of complexities. In the post, we will be discussing why the stakes are really high in New York construction accident cases. Common Causes of Construction Accidents in New York Here are some of the most common causes of accidents and injuries on construction sites in New York State: OSHA’s Fatal Four hazards – construction falls, electrocution (electrical exposure), caught-in/between situations, and struck-by an object. Poorly constructed scaffolding Slip and fall Defective or unsafe equipment Inadequate protection for construction site workers on elevated structures Inadequate protection for construction workers in trenches Tripping hazards from debris and other construction materials Unsafe conditions of the construction site or property Inadequate safety precautions when working beside power lines Collisions with support beams Workers are exposed to several risks on the construction site. If you’re injured in a construction accident, you need to reach out to an attorney immediately to enlighten you about your legal options to recover damages. What Are Your Legal Options? What’s more, when you’re involved in a construction site accident, here are some of the available legal options to seek financial compensation for your injuries: Workers’ Compensation Under New York laws, every employer in the state must provide workers’ compensation insurance for their employees. Hence, a construction worker who suffered an injury or illness while on the job may be eligible to seek workers’ compensation benefits, including medical care, lost income, and benefits for survivors. Personal Injury or Third-Party Claims Alternatively, you may file a personal injury claim or lawsuit against a third party for their negligent or careless actions that caused the construction accident. For instance, you may file a lawsuit against a contractor who failed to repair damages on the property or an employee who failed to adhere to safety guidelines, thereby leading to your injuries. Why the Stakes Are High – Challenges In New York Construction Accident Cases However, seeking financial compensation in your New York construction accident case isn’t usually straightforward. Here are some challenges and complexities you may encounter when filing a claim or lawsuit after a construction accident: Proving Fault and Liability A crucial aspect of your personal injury or third-party claim is proving fault and liability. To recover damages, you need to establish that the other party was negligent, violated the law, breached their legal duty of care, and you suffered an injury. Unfortunately, it isn’t always easy to prove fault and liability in a construction accident case. Legal Paperwork Also, the insurance carrier may request legal paperwork and additional documentation to verify your claims. Failure to provide the relevant information, evidence, and paperwork may delay your case or ultimately get it thrown out. Pre-Existing Illness or Injury Furthermore, your pre-existing injuries or medical conditions can have a significant effect on the outcome of your case or the amount of compensation you may recover. For a successful personal injury claim or lawsuit, you must prove that the negligent or careless actions of the other party affected or worsened your pre-existing injuries. Motion to Dismiss In addition, the other party or contractor may delay resolving your construction accident case through a motion to dismiss. This is a motion filed by one party in a case requesting that the court should stop all legal proceedings and close the case. The defendant may petition a motion to dismiss, stating that there is not enough evidence or facts to proceed with the case. Settlement Offer Dealing with insurers often involves a lot of complexities. The insurance provider may push for an out-of-court settlement. Initially, the insurer will offer you an absurd first settlement offer to test your patience. In most cases, the settlement offer may be lower than what you deserve. This is why you need an attorney to review the offer and help negotiate an improved settlement. Insufficient Documentation Documenting your injuries after a construction accident involves taking photos of the injuries, witness statements and testimonies, and taking notes of your personal account of the incident. Also, you have to document how the injuries have affected your day-to-day life and work. Unfortunately, most people don’t document their injuries. Without proper documentation, proving your case may be extremely difficult. A personal injury lawsuit involving a construction accident is often drawn out unnecessarily and may take an extended period to settle. At the end of the day, you may lose the case or receive lower compensation than expected. Therefore, when involved in a construction accident, it is crucial that you retain a highly-skilled personal injury attorney for proper guidance and to protect your legal rights. How an Experienced Personal Injury Attorney Can Help Being involved in a construction site accident can be a devastating experience and can affect your financial, physical, and mental health. Nevertheless, you don’t have to suffer the challenges and financial ramifications alone. If you or someone you know were injured while working on a construction site, you should hire an experienced personal injury attorney immediately to advocate for your best interests. A skilled construction accident lawyer can review every surrounding detail of your unique situation and conduct a thorough investigation. Your attorney will help
Have you suffered an injury or an accident that’s left you clueless? Do you find yourself wondering, feeling lost, and unsure what sort of help you should receive? If you’re unsure if you need assistance with a personal injury, odds are, you likely should reach out for help. If you’ve suffered serious injuries, it’s critical to consult with personal injury attorneys. If you’re looking for a way to ease your mind, help heal your body, and get you back on your feet quicker, then hiring a personal injury or work injury lawyer could be the perfect solution for you! Three Reasons You Should Hire a Personal Injury or Work Injury Lawyer If the stress of your personal or work injury is building on you, causing you additional worry, and is making your healing process even more difficult – don’t fret, there’s something you can do. Overall, personal injury or work injury lawyers are looking to protect your interests and be an advocate for you when you’re dealing with the insurance companies, doctors, and more. So, why hire a personal injury or work injury attorney you ask? We’ve outlined a few reasons below! They Know the Ins and Outs When it comes to filing injury claims there are hundreds of rules and regulations, and more than just the sheer amount of them, they’re all strict and complicated. Personal injury attorneys are experts when it comes to these rules and regulations, like the statute of limitations, complex paperwork, court processes, and all the filing procedures. Your personal injury lawyers can help you understand the procedure and ensure that you won’t lose out on what you’re entitled to due to ignorant errors, loopholes, or technicalities. In the end, you need someone knowledgeable to provide you with the information you need to get the help that you deserve. Not only that but since they know the ins and out of personal injury law, they can help you understand your rights and recommend the legal options that may be available to your situation. They Can Provide Proof and Expertly Evaluate the Damage Lawyers can help you provide proof that your injury wasn’t your fault, so having an experienced and professional attorney is crucial. You need someone who knows the law and someone who can help you expertly evaluate the damage. It’s possible you have injuries you’re unaware of, problems related to your accident that didn’t occur to you, and specific laws regarding pain, suffering, and medical duress that might qualify you for extra medical expenses. However, in order to assess the damages you suffered, you need to gather essential pieces of evidence to establish the liability of the other party. This is where hiring a professional injury lawyer comes to the rescue. Whether you’re entitled to compensation for medical costs, lost wages and earning capacity, pain and suffering, and emotional distress, they can help you get hold of the following proof or evidence: Medical report from the doctor who assessed your work injuries Photographs of the accident scene and the injuries sustained Witness testimonies, if necessary Accident report you filed to the employer As you can see, there are many pieces of evidence that can help establish the liability of the other party. But in the event the negligence of someone else has caused death to your loved one, don’t hesitate to hire a wrongful death lawyer who won’t only gather evidence for you but make sure the party will be held legally accountable for what happened. Peace of Mind is Worth It You’re already going through a tough time – healing, hurting, and trying to sort through all your medical expenses – doesn’t working with a certified expert make sense? Doesn’t finding someone with the knowledge, experience and professionalism make sense? If you’re losing wages, facing bills you can’t afford, and are constantly in pain due to a worksite accident, partnering with someone who can help you regain your strength and finances is crucial. In the end, peace of mind is certainly worth your time, money, and effort. Conclusion Indeed, dealing with personal injuries caused by someone else’s negligent behavior can be a traumatic experience. With the information mentioned above, you have every reason to seek legal help to maximize your financial recovery. So, don’t be afraid to fight for your rights by having a lawyer on your side who can represent you in your legal battle.
