New York Construction Accident Lawyer
The construction industry is widely viewed as one of the most dangerous, with OSHA reporting that 17.6 percent of all workers killed on the job in 2011 worked in construction. Unfortunately, in addition to the 738 construction workers who lost their lives, thousands more sustained serious and life-changing injuries.
If you or a loved one was hurt in a construction accident, you may have a right to compensation or benefits for your injuries. There are a number of different ways to take legal action when a construction accident happens and an experienced New York construction accident lawyer at The Perecman Firm can help.
How Do Construction Injuries Happen in New York?
Construction sites are inherently dangerous places and workers can be hurt in many ways. However, OSHA has identified the top four causes of fatal construction accidents to include:
Being struck by objects
Being caught in or between objects
In many cases, these instances occur when safety regulations are not followed by employers. However, workers can also suffer injury as a result of overexertion or repetitive stress on their bodies, as well as many other causes.
Your Rights after a Construction Accident in New York
Construction workers hurt on the job or family members of those killed have several options to recover compensation or obtain benefits. For example:
Workers’ compensation benefits are available for all on-the-job injuries
Whenever a worker is hurt as a direct result of performing work tasks, he or she should be entitled to workers’ compensation benefits. These benefits are paid by an employer or workers’ compensation insurer and include full coverage of medical costs as well as compensation for partial lost wages. If a worker is disabled, he or she can also receive disability benefits.
Workers can be entitled to workers’ compensation benefits regardless of whether any negligence (on the part of the worker or employer) played a role in causing the injury. Workers’ compensation is the only way for workers to take action against employers in most construction accident cases since workers are not generally permitted to sue their employers.
Workers can make a scaffolding injury claim
New York has protections specifically for workers who fall off of scaffolding. Section 240 of the Labor Code mandates that contractors and property owners are strictly liable for scaffolding accidents. Claims made under Section 240 allow for broader compensation for workers than is available under most workers’ comp claims. Workers, for example, can obtain compensation for pain and suffering and emotional distress.
Workers can file a third-party injury claim
While employers usually cannot be sued for work injuries, third parties who bear responsibility for accidents can have personal injury or wrongful death claims made against them. Again, this allows for broader compensation than is traditionally available through workers’ comp.
A third-party claim can be brought whenever a non-employer’s negligence or wrongdoing contributed to causing the construction accident. This can include situations where a machine malfunctioned or where an architect or project engineer made an error.
Talk to a New York Construction Accident Attorney
If you or a loved one was hurt or killed in a construction accident, it is important to understand how best to pursue your claim and to do everything possible to maximize your compensation and benefits.
A New York City construction accident attorney at The Perecman Firm can help with your case. Our firm has been in existence since 1979, named among the Best Law Firms by U.S. News and World Report. We have the legal experience and knowledge necessary to help you, so contact our New York construction accident attorneys today to schedule your free, no-obligation consultation.
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