Experienced New York Construction Accident Attorneys
Located in Rosedale, servicing all of New York
Workplace accidents are common occurrences if you’re a construction worker. Every day, you’re exposed to dangerous work environments, heavy machinery, and hazardous chemicals. That doesn’t mean it’s acceptable for you to suffer from injuries. If you’ve been involved in an accident, our New York construction accident lawyers want to take on your case, file a personal injury claim and help you return to normal life.
Call the law office of Alex Yadgarov & Associates at (718) 276-2800 to schedule your free consultation in English, Spanish, or Russian.
Dangers and Hazards at Construction Sites
Construction sites are full of dangers and hazards, where an accident can occur at any time, causing minor to severe injuries or even death. This is one of the reasons that construction industry employers are required to adhere to strict safety rules and regulations, following all necessary protocols to ensure the safety of both their employees and by-standers or pedestrians.
Some common construction site accident dangers include:
- Falls: Construction sites contain many areas that do not have any safety features such as exposed ledges etc.
- Incomplete structures: Partially completed or demolished structures pose the danger of collapsing.
- Heavy equipment: Construction requires the use of heavy equipment which can cause accidents and injuries.
- Back and spine injuries: This type of work involves frequent heavy lifting which can cause back and spine injuries.
- Toxic exposure: Construction required the use of certain chemicals and substances such as asbestos and lead, all of which can be harmful to those exposed to it.
- Electrocutions: Unprotected electrical wires are extremely hazardous and may even result in death.
Construction Accident Statistics at a Glance
According to data from the Occupational Safety and Health Administration (OSHA):
- In 2019, 1,061 work-related fatalities were in construction
- Construction fatalities accounted for one in five work-related deaths in 2019
- Inadequate fall protection on construction sites was the number one most frequently cited OSHA standard violation in 2019, with scaffolding hazards being the number 3 most cited violation.
What Are Common Construction Accidents?
Though companies try to regulate workplaces in order to protect their workers, New York construction workers still face a variety of dangerous conditions at work that can lead to serious accidents resulting in injured pedestrians and workers. You will need the help of a good New York construction accident lawyer if you suffer an injury.
Some causes of construction site injuries include:
These perilous conditions can lead to a variety of injuries, both physical and emotional, that can change the way you live your life, including:
- Head and brain trauma
- Broken or fractured bones
- Loss of hearing or sight
- Post-traumatic stress disorder
- Mutilation or dismemberment
If a death of a family member occurs due to a construction accident caused by someone else’s negligence, then speak to a personal injury lawyer immediately. The experienced legal team at our law firm will proceed to file a wrongful death claim in order to get the justice and compensation you are entitled to.
Exercising Your Rights: Filing a Construction Accident Lawsuit
While construction accidents involving pedestrians and workers happen frequently, no one should have to be injured on the job. You have the right to seek justice for the hardships you’re facing. Our New York construction accident attorneys serving the communities of New York want to hold the careless people and companies responsible for their actions.
Who Can Be Held Liable for a Construction Site Accident?
Construction sites are very common around New York, and if you have been the victim of a construction related accident causing serious worker or pedestrian injury, you may be wondering who is liable for the damages and losses you have incurred. Depending on the nature of the accident, one or more of the following persons or entities may be held liable in personal injury cases involving such accidents.
- Site owners: Construction site owners have a responsibility to ensure that all possible safety measures are taken to prevent accidents and injuries, for both employees working at the site and by-standers or pedestrians.
- General contractors: General contractors are legally obligated under law to provide reasonable and adequate protection for employees and other personnel.
- Subcontractors: Certain activities on construction sites may be delegated to subcontractors who are equally liable under law to provide a safe working environment.
- Architects & Engineers: Building designs done by architects and engineers should be according to set standards, hence they could be held liable for certain accidents caused by structural issues and building collapses.
- Manufacturers: These sites use many different types of equipment and if an accident is caused by defective equipment, the manufacturer of such equipment could be held liable.
If you have been injured in a construction accident, you will need the help of an experienced New York construction accident attorney to identify who is liable for your injuries and to navigate the complex legal issues associated with it.
What Kind of Damages Can Be Claimed Following a Construction Accident?
If you have been the victim of a construction accident due to the negligence of someone else, you may be able to claim compensation through the employer’s workers’ compensation insurance policy. However, the compensation that can be claimed through this may be limited to:
- Medical treatment expenses: Current and future medical bills for the injuries sustained.
- Permanent disability: If the accident caused a permanent disability where you may never be able to work again.
- Loss of income: If you were unable to attend to your work because of your injuries and have lost your source of income, either temporarily or permanently.
By filing a personal injury lawsuit against the liable parties with the help of an experienced New York construction accident lawyer, you may also be able to claim compensation for:
- Emotional distress: If your injuries have caused you any emotional or psychological trauma.
- Pain and suffering: A value given for the physical pain and suffering that you have gone through as well as what you may suffer in the future.
- Loss of quality of life: Injuries such as this can change the way you live your life, especially if they resulted in a disability or disfigurement.
- Loss of consortium: If you are unable to continue a relationship with your spouse and family because of the injuries you have suffered.
- Rehabilitation costs: If the injuries sustained need rehabilitation or physical therapy.
- Damages to personal property: If the victim suffered damages or loss to personal property in the accident.
Q: How long do I have to file a construction accident claim?
A: Following a construction related accident, you are required to inform your employer within 30 days of the accident, in order to claim from worker’s compensation insurance. However, if you intend filing a personal injury lawsuit together with a New York construction accident lawyer, the statute of limitations for New York is 3 years from the date of the accident.
Q: What is meant by “strict liability” when it comes to construction accidents?
A: Strict liability means that you don’t have to prove negligence in order to file a lawsuit against construction site owners or contractors, because they are responsible for the damages and injuries they have caused, irrespective of intent or fault.
Q: Can a worker at a construction site file a case against their employer for injuries?
A: Whether you can file a lawsuit against your employer following a construction accident will depend on a number of factors, such as the nature of the accident. If you are claiming compensation from worker’s compensation which is paid via an insurance company policy, then you will not be able to pursue a personal injury case as well. However, depending on the type of accident, you may still be able to file a lawsuit against certain other liable parties.
Q: What are the New York labor laws concerning construction sites?
A: Labor Law Section 200 - This states that construction site owners and contractors must provide reasonable and adequate protection from hazards for workers at the site. Failing to do so means they will be held liable for any and all accidents and injuries caused by unsafe conditions.
Labor Law Section 240 - This section stipulates regulations for all contractors to follow regarding scaffolding and other equipment/devices used at the site, to prevent accidents and harm to workers.
Labor Law Section 241(6) - This section stipulates regulations pertaining to construction, demolition and excavations, where workers may be able to hold contractors liable for any accidents caused during such work.
Q: What kind of precautions should be taken at construction sites in order to prevent accidents?
A: The Occupational Safety & Health Administration (OSHA) has set out many guidelines to be followed by site owners and contractors at construction sites in order to prevent accidents and injuries to workers, and they are required to strictly adhere to these guidelines. In addition, contractors should ensure that dangerous working conditions are reported and sorted out, equipment and tools are in a well maintained condition, proper safety gear is issued to workers, reflective clothing is issued to workers for better visibility, they display clear signage in the required areas, that regular safety meetings are conducted with all concerned and the necessary protocols set in place.
Q: How can you determine liability in a construction accident case?
A: Determining liability in construction related worker and pedestrian accident cases is very important, and liable parties may include site owners, contractors, architects, engineers, manufacturers or even a fellow employee. If the accident was caused due to someone else’s negligence, the accident victim may be able to file a lawsuit against the negligent party with the help of a New York construction accident attorney. Liability will depend on the nature of the accident, which is why you will need experienced personal injury attorneys by your side, who will be able to properly assess the case and identify liable parties.
Q: Can I be held responsible for my construction site accident?
A: According to New York’s comparative negligence laws, you may still be able to recover some compensation, even if you were partially at fault for the accident. This is why you need our experienced New York construction accident attorneys to help you with your case. A personal injury lawyer will work hard to minimize your role in the accident and get you the maximum possible compensation for your injuries and losses.
At Alex Yadgarov & Associates, we remain committed to helping our clients on the road to recovery by holding negligent parties accountable for the damages they’ve caused. Whether we navigate New York’s workers’ compensation system or file a legal claim on your behalf, our qualified New York construction accident attorneys are dedicated to you and your right to financial compensation.
As the injured party, your construction accident settlement could include compensation for costs including:
- Medical expenses
- Loss of wages
- Emotional distress
- Property damage
You’ve already been through a catastrophe. Our New York construction accident attorneys want to make sure that you don’t face any other obstacles that prevent you from getting the retribution you deserve.
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“I would like to thank Alex Yadgarov lawyers for doing a great job with my case. Alex and his team took very good care of me, They made all easier throughout my case and they were always their for me. ...”Bolanle J