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Construction Accident Law: Your Guide to Legal Rights and Compensation

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Construction Accident law New York

On a daily basis, people around the world are going to their places of employment to do the jobs for which they were hired. For some individuals, those occupations require sitting behind a desk or stocking shelves at the local grocery store. In other situations such as construction work, the jobs require intense physical labor completed by construction workers.

Construction sites are widely regarded as the top of the list when it comes to hazardous locations at which to work. At a construction site, there is heavy machinery, sharp objects, loud noises, and the potential for a wide variety of construction accidents. There are, of course, state and federal laws and regulations in place that are designed to prevent construction accidents from occurring, but these rules are often ignored or insufficient to fully protect workers from being injured on the construction site.

When a New York construction worker becomes injured on a construction site as a result of negligence or recklessness on the part of another worker, the management, or the owner of the company, that injured worker deserves to fight for compensation for his injuries, damages, and losses.

Although construction site accident cases may seem fairly straightforward, they can become complicated very quickly, and it is important that victims do not put their workers’ compensation benefits at risk. It is essential that injured construction workers enlist the legal representation of an experienced New York construction accident lawyer such as ours at Gregory Spektor & Associates.

At Gregory Spektor & Associates in New York City, our team of skilled attorneys is here to help injured construction workers fight for compensation for injuries sustained after being involved in construction site accidents. We have the knowledge, skills, and expertise in the personal injury field to fully investigate your construction accident, develop a strong case, and work diligently to obtain the best possible outcome for your personal injury lawsuit.

Types of New York Construction Accidents

No two construction accidents will be exactly the same, but many incidents fall into one of several types of construction accidents. At Gregory Spektor & Associates in New York, we have helped injured workers fight for workers’ compensation benefits after being involved in construction accidents such as:

  • Falling objects or hazards (tools, ladders, scaffolding, other equipment)
  • Scaffolding accidents
  • Defects in building materials and structures
  • Building code violations leading to a construction accident
  • Roofing accidents/ceiling collapses
  • Dangerous or unsafe conditions, including inclement weather
  • Ladder accidents (damage or incorrect placement)
  • Crane accidents
  • Vehicle accidents (falling objects, improper vehicle maintenance, defective parts)
  • Electrocutions
  • Fires

Although this list is not exhaustive of the possible types of construction accidents, our legal team at Gregory Spektor & Associates is ready, willing, and able to discuss any type of construction accident with you and determine if you may be eligible to file a workers’ compensation lawsuit.

When you enlist the legal assistance and representation of an experienced lawyer from Gregory Spektor & Associates, you can rest assured that your case will be handled effectively, efficiently, and with your best interests in mind at all times. No matter what type of construction accident you have been involved in, our New York personal injury attorneys will fight for your rights as a victim as well as the workers’ compensation benefits you deserve.

Common Construction Accident Injuries that New York Construction Workers Sustain

Many different kinds of construction accident injuries may occur, depending on the circumstances of the accident. Construction site injuries will often require extensive medical care that will likely result in high medical bills, time away from work (leading to lost wages), as well as a great deal of pain and suffering.

During a construction accident case, the victim must prove that the accident was caused by negligence which led to his or her injuries. When you are dealing with the recovery and healing process, it is essential that you have an experienced attorney guiding you through the legal process and handling all of the complexities of the workers’ compensation claim.

At Gregory Spektor & Associates, our team will evaluate your construction accident case and determine if you may be eligible to file a claim. Some of the most common construction accident injuries that our clients have sustained during construction site accidents include:

  • Back injuries
  • Neck injuries
  • Spinal cord injuries
  • Traumatic brain injuries
  • Head injuries
  • Broken bones
  • Burns
  • Lacerations
  • Damage to internal organs
  • Loss of hearing
  • Loss of vision
  • Eye injuries
  • Amputations
  • Electrocutions
  • Internal bleeding
  • Health issues related to toxic chemical exposure
  • Repetitive motion injuries

Again, this is not an exhaustive list of the potential construction site accident injuries that may be incurred by New York City construction workers. Our legal experts at Gregory Spektor & Associates are happy to meet with you in a free consultation at our office and discuss the details of your case. We believe that victims of construction accidents deserve to fight for justice and financial compensation for their losses through a workers’ compensation claim.

If you or a loved one has sustained serious injuries as a result of negligence, carelessness, or recklessness that caused a construction accident, contact Gregory Spektor & Associates in New York City. Construction accident cases are notoriously complicated, and our team is here to walk you through the entire process, keep you updated on the progress of your case, and fight for the best possible outcome. You do not have to suffer from your construction site injuries along. We stand for injured workers and their families.

Construction Accident Law facts

Steps an Injured Construction Worker Should Take Following the Accident

For many individuals, getting injured on the job would be unthinkable, and most do not have a plan in the event that something catastrophic does happen on the job site. Without a clear strategy in place, you may be left dealing with medical expenses, lost wages, and the potential for financial insecurity for yourself and your family.

At Gregory Spektor & Associates, our lawyers do not want any construction workers to feel as if they do not have a clear idea of what to do if something severe should happen while on the construction site. Below are some of the most important steps to take following a construction accident in which you have sustained injuries:

  • Get Medical Attention: The most important step is to make sure that any injuries are given attention by a medical professional. If you are able, call 9-1-1 following the accident or ensure that someone else does. You need to be checked out and examined by a paramedic and then a certified physician to ensure that you will be ok. When a worker falls off of a roof or ladder or is hit by a large object, that event can have severe repercussions on the life of that worker. Medical attention is the only way to ensure that there is no internal damage or injury that has not yet manifested (whiplash often does not present itself right away).
  • Record and Document the Accident: After the accident has occurred, it is vital that you report your injuries to your supervisor. Although some injured workers may fear the loss of their jobs or immigration, it is essential that a report is filed with the property owner, your supervisor, and your employer. That record will be used in subsequent court hearings or legal actions, and it may help to change any hazardous practices that have not yet come under scrutiny but are likely to cause more injuries in the future. Also, do not sign any documents from your employer, especially concerning workers’ compensation benefits, without a lawyer present.
  • Take Notes about Everything and Everyone at the Scene: If you are able, take notes and gather information about everything and everyone present at the time and place of the accident. Their input as witnesses could be vital to obtaining financial compensation for your injuries. Getting your fellow workers’ names, addresses, phone numbers, and other contact information will be of great help during the investigation into your case. Do not pressure anyone into giving information – your lawyer will contact them in a more official capacity.
  • Take Photos and Videos at the Construction Site: Again, if possible, take photos and videos of the construction site. In order to fully recreate the scenario for a jury, for instance, it would be exceedingly helpful to have actual pictures or videos of the site for them to visualize what had happened to you. You should also photograph the equipment and machinery that was in use during the time of your accident, and anything that may be deemed unsafe or defective should be documented in the cases of unsafe working conditions.
  • Contact an Experienced Lawyer: construction sites are dangerous places, but the work needs to be done. Those construction workers who complete the jobs deserve to be kept safe and secure so that they can return home to their families at the end of each workday. When the conditions are hazardous or construction sites do not adhere to the construction industry standards set in federal regulations by such organizations as the Occupational Safety and Health Administration (OSHA) or the New York labor laws, injured workers deserve to be compensated for their losses and damages.

Once you have taken all of these steps, you can feel relieved that you have done everything needed to get your construction accident lawsuit started in the right direction. You can then leave the rest of the work to your lawyer such as ours at Gregory Spektor & Associates.

When our legal team takes on construction accident lawsuits, we do not rest until we have worked to obtain the best possible outcome for our clients. An injured construction worker needs to be able to go back to work and support his or her family. A serious injury may stop that individual from accomplishing that task, and our law firm is here to make sure that an accident caused by someone else’s negligence or recklessness does not ruin the lives of the injured worker or the family.

Types of Compensation Injured Construction Workers May Fight For

In the construction industry, the circumstances of an accident will determine the types of compensation that an injured worker may be eligible to receive. If the accident occurred due to defective machinery or the work of an external contractor, the injured party may be able to fight for various types of compensation through a personal injury lawsuit against the manufacturer or other contractor. In a third-party lawsuit, you may be eligible to receive compensation for:

  • Medical bills
  • Future medical bills and care
  • Physical therapy and rehabilitation
  • Lost wages
  • Loss of future earning potential
  • Pain and suffering
  • Emotional distress

If, however, the accident is not related to a third party, you may be able to file a workers’ compensation claim with your employer. Most companies, according to New York labor law, are required to carry workers’ compensation insurance in the event of a major accident. Workers’ comp insurance should provide reasonable and adequate protection, especially for workers injured on the job. This type of insurance protects the company from bankruptcy but it is also designed to protect workers at New York construction sites who have sustained these injuries.

When it comes to workers’ compensation, the claim can be complex because there are different types of benefits that an injured construction worker may be eligible for. Our experienced attorneys at Gregory Spektor & Associates in New York are happy to discuss these benefits with you and determine what your injuries qualify you to receive. Such worker’s compensation benefits include:

  • Medical benefits: These pay for necessary and reasonable treatments recommended by medical professionals for serious injuries sustained on the job site. An injured worker must be attended to by a doctor who has been approved by the Workers’ Compensation Board in order for the expenses to be paid through the insurance held by property owners.
  • Income benefits: When you are unable to perform the job which you did prior to the accident or you can work but will earn less, these benefits will replace some of the wages lost due to the injury. You must. prove that you have been disabled because of the injury for at least 7 days in order to collect. Income benefits are divided into 4 distinct categories depending on the type of disability caused by the accident. These are:
    • Total temporary disability benefits: Your doctor has deemed you 100% disabled, but the disability will not be permanent. This will entitle you to 2/3 of your average weekly wages prior to the accident.
    • Partial temporary disability benefits: If your disability only prohibits you from doing some of your previous duties, you may be able to collect 2/3 of the difference between your wages before and after the accident.
    • Permanent total disability benefits: When a doctor has determined that your disability is permanent and prevents you from ever returning to work even with further medical treatment, that is considered “Maximum Medical Improvement”. On MMI, you could receive up to 2/3 of your average weekly wages, and they will last for as long as your disability is total and prohibits you from working.
    • Permanent partial disability benefits: The partial disability refers to a specific body part(s) that has become disabled. You may be eligible for three types of benefits, including scheduled loss of use awards, nonscheduled awards, and disfigurement.
  • Vocational rehabilitation: If you are unable to return to your previous occupation, these benefits can provide coverage for the cost of a rehabilitation program or job placement.
  • Death benefits application for fatal construction accidents: In situations where there are construction fatalities to the worker, his or her family (spouse, child, dependent) may be eligible for benefits to help pay for funeral bills and other expenses related to the wrongful death of the individual.

Workers’ compensation claims can be very complicated so it is important to contact attorneys to assist with the claim and ensure that any construction worker injured at the job site gets the compensation they deserve.

Types of Construction Accident Law

Benefits of Hiring a Lawyer

When you hire a lawyer such as ours at Gregory Spektor & Associates, you will be able to reap a variety of benefits and advantages related to the legal aspects of the case. Our law firm is dedicated to helping injured workers fight for the compensation they deserve from construction companies, property owners, construction site owners, and others involved in the construction site.

Here are some of the most important advantages when you enlist the legal representation of our lawyers at Gregory Spektor & Associates:

  • Years of experience litigating personal injury lawsuits related to construction accidents
  • Development of a strong attorney-client relationship that will be useful, especially when you are in need of legal advice or an explanation of part of the legal process for yourconstruction accident case
  • Ability to focus on your healing and recovery process while your lawyers handle all of the complications related to the accident
  • Best possible chance to recover compensation for your injuries from those who are most responsible for the accident
  • Legal expertise from attorneys who are completely committed to protecting your rights as a victim
  • Free consultation to review your case
  • No concern about paying for legal services until the case is over – our law firm works on a contingency fee basis

With these advantages and benefits, there is no reason not to contact our skilled lawyers at Gregory Spektor & Associates.

Our legal team advocates for the victims of construction accidents because we understand how devastating the injuries from those occurrences can be, and we are dedicated to making sure you do not have to bear that burden alone.

Contact an Experienced Attorney to Discuss Your Personal Injury Lawsuit

If you have been involved in a construction site accident and sustained injuries or a loved one has died as a result of another person’s negligence or recklessness at a construction site, contact our law firm at Gregory Spektor & Associates in New York City.

All of our attorneys have vast experience providing exceptional legal representation in a wide variety of personal injury practice areas, including construction accidents. We draw upon that experience and our comprehensive knowledge of New York labor law to help you fight to obtain the best possible outcome for your construction accident case.

Our law firm advocates for the members of our community because we truly care about the people of New York. As a construction worker, you know that you are placing yourself in harm’s way each and every time you step onto the job site. However, you also know that the construction work needs to be completed, and you are the right person for the job.

When the construction site managers, owners, or company lets you down by not adhering to the strict federal and state laws in place designed to protect you as a construction worker, it is time for the legal experts to step in and fight for you.

If you have been injured on a construction site, contact Gregory Spektor & Associates today to discuss your case. We are happy to meet with you during a free consultation so that you can provide us with the details of your situation, and we will make a determination as to whether you may be eligible to file a workers’ compensation claim or a personal injury lawsuit.

Call now to schedule a case evaluation with a team of attorneys who have many years of experience and expertise in personal injury law. We stand up for victims because everyone deserves to be compensated when they have been injured by another person’s negligence.

Contact us today!

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