Dobrzyn v. City of New York, et al., Supreme Court, New York County (May 16, 2013). Trial court granted summary judgment under Scaffold Law to our client who, while laying bricks on an exterior wall of a building, was injured when the scaffold he was working on came free from the wall that it was attached to because it had been improperly secured to it.
COVID-19 Notice: The Perecman Firm has returned to in-person operation in accordance with safety regulations set by New York State and CDC health officials. Our attorneys will continue to provide top-notch legal representation and are available to discuss your case in person, over the phone, via email or video.
COVID-19 Notice: Block O’Toole & Murphy has returned to full, in-person operation in accordance with safety regulations put forward by New York State and CDC health officials. Our attorneys continue to provide quality legal representation and are available to discuss your case in person, over the phone, email, or video. Read more from our partners.
Our law firm always strives to help accident victims fight for the compensation they need to not only cover their current damages, but their future damages as well. If you suffered a severe injury that will affect you long-term or even permanently, then we want to examine what that could mean for the rest of your life.
Kochanowicz v. 410-57 Corporation, et al., Supreme Court, New York County (May 11, 2010). Trial court awarded liability to our client under Labor Law §240, where the client fell 10 to 12 feet from a sidewalk bridge he was working on when one of the plywood side panels of the sidewalk bridge broke free.
Holding these parties accountable requires a showing of negligence. The experience of your lawyer is key to building a strong case. With over 40 years’ experience, Rosenbaum & Rosenbaum, P.C. is ready to go to work for you.
If you or a loved one have been injured in a construction site accident in New York City, you need the help of a truly experienced construction accident lawyer in your corner willing to fight for you. At The Law Offices of Michael S. Lamonsoff in Manhattan, NY, we have won over $500 million in settlements and trial verdicts for injured victims. With more than 100 years of combined experience of hard-won victories, achieving some of the highest settlements in the history of New York, we will aggressively litigate on your behalf to get you the compensation you deserve. New York has unique, specialized, and incredibly powerful laws that allow injured construction workers to hold negligent companies accountable and seek compensation for medical bills, lost wages, and pain and suffering. Workers at construction, demolition and renovation sites have a hazardous occupation in which they are exposed to many potential dangers that can cause injuries. As a result, powerful and protective laws have been passed in New York to help injured workers receive the compensation they deserve. In addition, in light of recent circumstances surrounding the Coronavirus, employers pushing speed over safety are further increasing the risk for accident and injury. As such, it is of the utmost importance to find a top-rated construction accident lawyer in New York City.
New York construction workers are nearly four times more likely to suffer a fatal occupational injury compared to all other industries, which has resulted in the tragic loss of nearly 500 lives and thousands of serious injuries throughout New York’s construction industry over the past decade.After suffering a work injury, your legal rights are undoubtedly crossing your mind. Hiring a construction accident lawyer is a good first step. A personal injury lawyer who specializes in accidents on construction sites can help you understand your legal rights as well as the regulations and laws that may affect your ability to recover financial compensation.The top-rated New York construction injury lawyers at Raphaelson & Levine Law Firm have helped blue-collar workers and their families recover millions of dollars in compensation after a serious construction injury or job-site fatality has occurred.If you’ve been injured and have questions about your rights, or would like to discuss your legal options following an on-the-job accident, please complete the contact form below or call 212-268-3222 for a free, no-obligation consultation with a New York construction injury lawyer at our firm.
Along with a FREE case review, we also work on a contingency basis. Therefore, you don’t pay a single cent if we don’t win a settlement for you. Contact The Platta Law Firm today to learn more about how we can help you move forward with your construction accident case.
$4.5mConstruction Bridge Collapse – Recovery37 year-old crane operator was dismantling a construction bridge 25 feet above sidewalk when it collapsed causing him to fall to street, resulting in disabling fractures of L1 vertebrae, left elbow, left ankle, left wrist and of the right ankle, requiring surgery. View All Results
A: Your employer cannot retaliate or discriminate against you for filing a complaint with OSHA. This includes denying you a raise, decreasing your hours or pay, or transferring or firing you, among other actions. OSHA provides protection against these types of activities, known as “whistleblower” protection. To preserve your rights, you must file a complaint with OSHA within 30 days of the retaliatory or discriminatory action.
Falls One third of all construction site fatalities occur because of worker falls from height. Under New York Labor Law Section 240, construction workers can sue for injuries sustained because of inadequate fall protection. Electrocutions Representing nearly ten percent of fatal construction accidents, Electrocutions are preventable. New York has strong regulations in place to prevent these accidents. Struck By Objects At many construction sites, people work on multiple levels. Falling objects present a serious—potentially life threatening—safety risk to workers. Companies must put the proper protocols in place to prevent falling object accidents. Caught-In/Caught-Between OSHA notes that the category of ‘caught-in’ and ‘caught-between’ accidents includes many heavy equipment injuries and trench collapses.
When you get hurt on a construction site, fighting for compensation will be one of the most important things you do. Don’t trust just any attorney with your New York construction accident case. Even though you may be entitled to money for your injuries, actually getting cash in your hands can be tough. Insurance companies, construction site owners, and any negligent third parties will fight you every step of the way.
Yes. Although every case varies, it is possible to bring a third-party claim against someone other than your employer who may be partially responsible for your accident, such as the contractor or owner of the site.
If you wait to file a notice of a lawsuit, even if you’re within the three-year deadline, you may not get any money. The insurance company will attempt to “disclaim” it because of the amount of time that has passed. For this reason, it’s crucial that you contact a construction accident lawyer as soon as possible to give you the best chance of recovering your rightful compensation.
If you or a loved one were involved in a construction accident, you may be able to bring a lawsuit for your injuries against the owner, general contractor, and other contractors or companies under Sections 200, 240, and 241 of the Labor Law of the State of New York. This is very important information for workers injured in construction site accidents because, in many cases, the workers’ compensation benefits do not adequately compensate for the injuries and other damages, like loss of earnings and benefits. It’s important to note that you cannot sue your employer for a work accident because the law limits you to a workers’ compensation claim for your employer if they have workers’ compensation insurance. Labo r Law 240 requires contractors and their agents to provide proper protection to workers engaged in erection, demolition, repairing, altering, painting, cleaning or pointing of buildings or structures who are using ropes, irons, braces, pulleys, blocks, hangers, slings, ladders, stays, hoists, scaffolds and other devices. These are typically “gravity related” accidents involving workers falling from heights or objects falling on workers, but there can be other types of construction accidents which were caused by the force of gravity. Labor Law 241 allows workers to sue general contractors, owners, and other contractors for violations of specific regulations of the New York State Industrial Code. Labor Law 200 allows workers to sue companies for their failure to provide reasonable and adequate protection to workers on the site.
$8.2 Million – New York Construction Worker Paralyzed in Fall Plaintiff, a 40 year-old, undocumented immigrant from El Salvador, was working off the books for a roofing contractor when he fell through a hole in the first floor of a one family home he was working in. Kenneth Halperin, Philip Russotti
A: Workers’ compensation laws only affect your recovery from your employer, not other parties. If other parties, such as equipment manufacturers, property owners or third-party contractors, are responsible for your injuries, you may be able to recover from them in addition to collecting workers’ compensation benefits.
$25.1mDefective Scaffolding – Laborer Falls – VerdictIn favor of our client, a laborer, and against the building owner and contractors involved in a construction project. Our client was in the process of assisting in the dismantling of a scaffold when the scaffold began to collapse causing him to jump and to suffer serious head injuries. We proved that our client was… View All Results
The Weinstein Group, PLLC prides itself on the respectful and open communication we maintain with all of our clients. When you hire us as your New York construction accident lawyer, you’ll gain legal representation that prioritizes you and your family. Our lawyers aren’t afraid to take aggressive legal action against negligent parties.
We handle all construction accident cases. Above all, our law firm understands every cause of injury that results from construction work, and here are some that occur most often.
What Should I Do After Suffering a Work Injury in NY? There are essential steps you should take immediately after a construction accident to ensure you receive compensation that is rightfully yours: Get immediate medical attention. Your health is your first priority. Report the incident to your employer without delay, or make sure the report is made as soon as possible. It is central to your claim. Get in touch with an experienced work injury lawyer. He or she can conduct a thorough investigation of the circumstances surrounding your injuries and strengthen your claim. Contact the proper authorities, such as the Occupational Safety and Health Administration (OSHA), to investigate your accident. Back to Top
One construction worker and two civilian passersby were injured when a 20-foot piece of scaffolding fell onto a sidewalk in Brooklyn on Saturday, April 14. Construction crews were dismantling the scaffolding when a section collapsed on Joralemon Street. A crew supervisor suffered a serious arm injury, while two pedestrians were struck by the section. They are expected to recover from their injuries.
If you are injured on the job, see a doctor immediately. In serious situations, you’ll be rushed to the emergency room. Even if your injury doesn’t seem serious, it is highly recommended you go see a doctor. Some seemingly minor injuries can become severe enough to end your career if left untreated.
What Are Common Construction Accident Injuries? Injuries commonly sustained in construction accidents are usually severe in nature. They include: Traumatic brain injury (TBI) Spinal cord injury Bone fractures Partial or total paralysis Electrocution Burns Amputations Exposure to toxic substances Knee and back injury Even a so-called “minor” accident can result in serious consequences. An injured construction worker may be burdened with exorbitant medical bills and lost wages during recovery. He or she may lose the ability to collect wages altogether if the injury is debilitating enough. In especially catastrophic incidents, a worker may suffer an injury that requires decades of treatment, therapy, and rehabilitation, which do not even guarantee a full recovery. The associated expenses can amount to six- or seven-figure sums. The aftermath of a construction accident can be one of the most trying experiences in life. Back to Top
The law firm of Block O’Toole & Murphy handles all kinds of construction accident cases, including construction site falls, ladder accidents, demolition accidents, falling object accidents, scaffolding accidents, and accidents caused by defective equipment, to name just a few. If you have been injured by someone else’s negligence on a construction site, we are ready to discuss your case with you.
If a construction site accident occurs on the job, you are entitled to workers’ compensation benefits. Workers’ compensation laws give you the right to cash payments for lost wages and reimbursement for all medical expenses incurred due to a workplace accident. However, these benefits may be wholly inadequate. The payments will diminish as time goes on and will ultimately be cut off. In addition, the reimbursement of lost wages is far less than what the salary of the worker was before the accident happened.
NY Employer Responsibilities Your employer is required to keep workers’ compensation insurance coverage for employees. A notice of such coverage must be posted in a conspicuous place. Upon request, your employer must grant access to all records, books, and payrolls. Your employer can be fined for not keeping accurate records of accidents, employee classification, etc. Your employer may not discriminate against an applicant or employee simply because he or she has claimed workers’ compensation in the past. Once you are injured, your employer is required to report your wages or other compensation as well as changes to your work status related to your injuries. Back to Top
At The Orlow Law Firm, our attorneys have more than 30 years of experience handling personal injury cases in the New York City area. We have handled thousands of cases, including many kinds of serious injuries from construction accidents, and we are ready to give you the personal attention that your case deserves.
Ostrowski v. Sutton Hill Capital, et al., Supreme Court, New York County (October 17, 2013). Trial court awarded liability under Scaffold Law to our client who, while working on the roof of defendant’s building, was caused to fall through a skylight opening that had not been properly covered.
Nukic v. St. John’s Cemetery Corporation, Supreme Court, Queens County (December 23, 2015). The trial court trial court awarded liability to our client under Labor Law §240, in a case where our client fell from an unbraced and unsecured ladder while using a crowbar to remove forms from a ceiling at a construction site.
For more than 35 years, our firm has focused on personal injury cases and litigated many of New York’s most complex cases. Our compassionate and seasoned support staff is committed to top-quality service. We regularly help our clients secure six-, seven-, and even eight-figure settlements and verdicts. That gives our clients the financial resources they need to get their lives back following a construction accident.
“This is my second time using the Law Offices of Michael Lamonsoff. The first time was when I was involved in an auto accident in 2000. This time, I was injured at work and because of how well things turned out previously, I couldn’t have thought of a better lawyer to retain. I would definitely recommend Michael to anyone who is fighting for their rights an d justice.” Los Aviles “Michael Lamonsoff has done very well for me. They fight until they get what they want. I had 2 cases with Michael. I got awarded very very nicely. I have known Michael for a very long time. Going to miss working with him. I would recommend him to anybody. They don’t call him the Bull for nothing.” Deborah Prieto “I was working at a parking institution in a condominium and an elevator collapsed on me. I had a spinal fusion done and through the whole ordeal Michael was there with me. Michael did exactly what he said he was going to do and I’m satisfied.” Anthony Barksdale “I spoke to my friend who recommended Michael. She loves Michael very much because of his passion for what he does. He truly is the BULL of the law. When I first came here, I was treated so special. I never have been treated this well before.” Shelly D.
Romanczuk v. Metropolitan Ins. and Annuity Co., 72 A.D.3d 592 (1st Dept. 2010). Court ruled in favor of our client under the Scaffold Law, where the scaffold he was using to access the bulkhead located on the building’s roof had insufficient planks on it for him to stand on; and no other safety devices were provided to prevent or protect him from falling.
A: Workers’ compensation covers most injuries that happen at work or during a work-related activity, although there are some exceptions. By definition, workers’ compensation covers any accidental injuries that occur in the course of employment, regardless of whether the employee or the employer is at fault for the injury.
On Thursday, August 2, an accident occurred inside 3 World Trade Center. Medics arrived around 2:30 pm to treat a construction worker who injured his leg as he was dismantling a wall of sheetrock and plywood. The injured worker was taken to Bellevue Hospital with non-life threatening injuries and the accident is under investigation by the Department of Buildings and the FDNY.
When you consult our law firm, the first thing we will do is listen to your claims to determine whether you have a case. We may also ask about the information and details you have about the construction accident, including any financial losses and injuries you suffered. Some crucial documents we may request from you or on your behalf include:
The state of New York provides special protections to workers at elevated job sites. Codified under New York’s Labor Law Section 240 (the “Scaffold Law”) and 241 allow construction workers, who are hurt in job site accidents, to file a personal injury lawsuit against a contractor or owner, except owners of one- and two-family dwellings who contract for but do not direct or control the work.
If you have been injured in a construction accident or know someone who has, you likely have many questions. Below are answers to the most common questions we hear from plaintiffs and their loved ones in the aftermath of a construction accident. If your question is not answered below, our construction accident attorneys are available to speak with you further; call 212-736-5300.
It depends. All construction workers can seek workers’ compensation benefits after an accident. If you file a workers’ compensation claim, you typically waive your right to file a personal injury lawsuit against your employer. However, you may still reserve the right to sue someone else if you got hurt because of unsafe working conditions or dangerous equipment.
Construction accidents in New York City often leave workers dealing with serious and potentially life-changing injuries. They have medical appointments and treatments to deal with, families to support and worries about their financial future. In the midst of all this, workers must also find a personal injury attorney with the knowledge and experience to handle their specific injuries. This can be challenging, especially for workers dealing with multiple injuries.
Comparative fault—or shared responsibility—can impact your ability to recover financial compensation in a personal injury lawsuit. Workers’ compensation, on the other hand, is a no-fault system. That means you can recover workers’ compensation benefits after a construction accident even if you were totally to blame.
Construction and workplace accidents are often the result of faulty equipment, improper use, inadequate training, lack of safety equipment and negligent individuals. This includes property owners who fail to take safety precautions or address safety issues, liable third parties and the manufacturers of manufacturing and construction equipment. Although workers’ compensation is the only avenue of recovery for many construction accident victims, for some it is not.
Helping People Who Have Suffered Due to Construction Site Accidents If you have been injured or lost a loved one on a construction site, you may be entitled to compensation from the company and possibly other parties. The experienced New York construction accident attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, have witnessed the devastating results of construction accidents. You should not have to handle your issues alone. Let us help you get the financial assistance you need. Call 986-7353 to discuss the details of your case. Back to Top
For many construction workers, this is the only way to provide for their families after an accident. If you are a construction worker injured on the job, contact us today.
Workers’ Compensation: With Workers’ Compensation, there is no need to prove fault in order to collect weekly benefits. But these benefits are limited. They only compensate you for lost wages, medical bills, and permanent impairment.
$9,000,000 In 2006, Ryszard Lomotowski, was working at a construction site located in the High Bridge section of the Bronx when a steel reinforcement bar snapped. He fell 20-25 feet landing on his feet causing severe injuries to his legs.
If you have suffered injury as the result of a construction accident, you are responsible for proving your case against the liable party(s). It is always wise to seek competent legal counsel after a construction accident to ensure that your rights are protected, especially since a statute of limitations applies to all workers’ compensation and personal injury cases.
Construction sites have a lot of different moving parts. When a general contractor wins a bid, they delegate some of the work to subcontractors. Subcontractors are just as responsible for providing a safe work environment as general contractors. If you get hurt and a subcontractor is to blame, you might be able to hold them accountable for your injuries.
If you or your loved one has suffered injuries as the result of an accident at a construction site, consult an attorney to learn about your rights to compensation. Contact The Orlow Firm in Flushing, NY, today to schedule a consultation with a lawyer experienced in construction site accident litigation who can help you explore your legal options.
The liability of these various parties depends on the type of management and oversight system of the construction project. With regard to liability for construction workers’ injuries, the main legal question concerns who maintains control and authority over the property where the work is being done and the type of work that is being done. For example, in larger projects, much of the work is delegated to sub-contractors, whether by general contractors or a construction management organization.
If you have been injured or lost a loved one on a construction site, you may be entitled to compensation from the company and possibly other parties. The experienced New York construction accident attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, have witnessed the devastating results of construction accidents. You should not have to handle your issues alone. Let us help you get the financial assistance you need. Call 986-7353 to discuss the details of your case.
It is important to understand your rights following a construction accide nt. Whether you are an injured worker or a mourning family member who has lost a loved one, our legal team is here to help. In New York, if you are injured while performing daily work tasks, you are eligible to file a workers’ compensation claim.
Compensation For Injured Construction Workers Construction work is more than just physically demanding – it’s dangerous. Workers lift heavy materials, operate heavy machinery, connect electrical equipment and encounter a range of daily hazards on the job. Sadly, supervisor negligence regarding on-site safety protocols kills or injures thousands of construction workers every year. Injured construction workers and their families often feel helpless facing the mounting medical and household bills resulting from a construction worker’s inability to work. The physical and emotional damage can also significantly decrease the quality of life. If you or someone you love was injured working on a construction site, contact our attorneys at Greenberg Law P.C. today. We have a track record of recovering compensation for people injured in construction accidents. Keys To Recovery After A Construction Injury If your injuries are serious, you owe it to yourself to pursue maximum compensation from all sources including: All workers’ compensation benefits you are eligible for A settlement or verdict from a potential third-party liability claim or lawsuit Trust our family-run law firm, as we have more than 30 years of experience getting results in construction accident cases such as yours. If you work with us, we will help determine whether you have grounds to bring a personal injury claim in addition to a workers’ compensation claim. Turn To Our Compassionate, Committed Family-Owned Law Firm Get the compensation and peace of mind you deserve with a compassionate, committed and capable team of trial attorneys who will fight for your rights and interests. We treat our clients and their families as if they were members of our own family – leaving no stones unturned in pursuit of the best overall outcome attainable. Schedule a free initial consultation by calling 646-791-9982 or completing an online inquiry form with no further obligation. Practice AreasPersonal Injury Understanding Personal Injury Settlements Burn Injuries Catastrophic Injuries Construction Accidents Ladder And Scaffold Accidents Dangerous And Defective Products Medical Malpractice Birth Defects Motor Vehicle Accidents Bike And Citi Bike Accidents Pedestrian Knockdown Accidents Commercial Truck Accidents Mass Transit Accidents Motorcycle Accidents Taxi And Rideshare Accidents Premises Liability Accidents In Commercial Or Public Locations Slip, Trip And Fall Accidents Dog Bites Sidewalk Accidents Workers’ Compensation And Third-Party Claims Wrongful Death Claims
At The Platta Law Firm, our New York construction accident lawyers will see to it that you’re justly compensated for your injuries. The severity of the injuries you sustained from your construction accident, combined with our legal expertise will determine the final outcome of your case. Meanwhile, you will need money to support yourself and your family after a construction accident. We will stand by you in this time of need.
When you call The Weinstein Law Group, PLLC, you don’t pay a dime unless we win. It doesn’t matter how long we worked on your case. If you don’t receive financial compensation, we don’t charge you a single cent.
This section of New York Labor Law stipulates that a safe work environment must be provided for employees. It states that all applicable work sites must “be so constructed, equipped, arranged, operated, and conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places.” The same applies to all machinery or equipment used on the site; it must be placed and operated so that anyone operating it or near it is safe from harm. Note that this section also applies to those “frequenting” the site; even if you are not a construction worker, if you have been injured on a construction site, it is possible for you to bring a negligence case.
Compensation For Injured Construction Workers Construction work is more than just physically demanding – it’s dangerous. Workers lift heavy materials, operate heavy machinery, connect electrical equipment and encounter a range of daily hazards on the job. Sadly, supervisor negligence regarding on-site safety protocols kills or injures thousands of construction workers every year. Injured construction workers and their families often feel helpless facing the mounting medical and household bills resulting from a construction worker’s inability to work. The physical and emotional damage can also significantly decrease the quality of life. If you or someone you love was injured working on a construction site, contact our attorneys at Greenberg Law P.C. today. We have a track record of recovering compensation for people injured in construction accidents. Keys To Recovery After A Construction Injury If your injuries are serious, you owe it to yourself to pursue maximum compensation from all sources including: All workers’ compensation benefits you are eligible for A settlement or verdict from a potential third-party liability claim or lawsuit Trust our family-run law firm, as we have more than 30 years of experience getting results in construction accident cases such as yours. If you work with us, we will help determine whether you have grounds to bring a personal injury claim in addition to a workers’ compensation claim. Turn To Our Compassionate, Committed Family-Owned Law Firm Get the compensation and peace of mind you deserve with a compassionate, committed and capable team of trial attorneys who will fight for your rights and interests. We treat our clients and their families as if they were members of our own family – leaving no stones unturned in pursuit of the best overall outcome attainable. Schedule a free initial consultation by calling 646-791-9982 or completing an online inquiry form with no further obligation.
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Who, Under the Law, Is Responsible for My Construction Accident? The answer to that question depends on the details of your particular accident. In general, those who have engaged in negligent conduct can be held responsible. If other parties such as third-party contractors, manufacturers of tools or equipment, or property owners, are responsible for the injuries you suffered on the job, you may be able to file a third-party lawsuit and recover damages beyond your workers’ compensation benefits. For example, if a third-party subcontractor erects a scaffold used by other workers, he may be liable if improper erection of the scaffold causes injury to a worker. Liability may also exist for failing to build supports or erect barriers, storing materials improperly, improper use of hoists or cranes, lack of sufficient crane operator training, and more. Back to Top
Once you have seen a doctor and established a plan of care, you will likely want to consider filing a workers’ compensation claim and/or a third-party negligence claim, if applicable to your case. A workers’ compensation claim can be filed regardless of whether or not negligence contributed to your accident; if you have been injured in the course of performing your job duties, then you are eligible to receive workers’ compensation. Although you can file the claim yourself, a workers’ compensation attorney can also help you submit a claim. It is important to remember that you only have 30 days post-accident to notify your employer of the accident, which is a necessary step in filing you r claim.
Whether you are an American citizen, a documented immigrant or an undocumented immigrant, if you are injured while working on a construction site, you are entitled to receive workers’ compensation benefits. If your injury happened because of negligence, you have the right to bring a lawsuit to seek compensation for your injuries.
A 37-year-old construction worker was injured after falling 20 feet through a hole in the floor at his job site in Hackensack, New Jersey on February 9, 2018. The accident happened at The Shops at Riverdale. The worker allegedly fell through the hole while walking and suffered injuries to his ankles and back. His injuries are not considered to be life-threatening.
Wraclawek v. JNK-Grand, LLC, Supreme Court, New York County (October 5, 2011). Trial court awarded liability to our client under Labor Law §240, in a case where the client was injured when, while working at ceiling height on a straight aluminum ladder, the ladder slid out at the bottom causing the client to fall to the ground.
NY Construction Accident Attorneys home construction accident As a construction worker, you know your work is both dangerous and demanding. You use heavy machinery, climb to great heights, and perform your duties in an environment that is unforgiving. You can avoid most accidents by staying vigilant; however, others around you, whether your boss or fellow employees, may not do the same.
As a result, powerful and protective laws have been passed in New York to help injured workers receive the compensation they deserve. In addition, in light of recent circumstances surrounding the Coronavirus, employers pushing speed over safety are further increasing the risk for accident and injury. As such, it is of the utmost importance to find a top-rated construction accident lawyer in New York City.
Trust our family-run law firm, as we have more than 30 years of experience getting results in construction accident cases such as yours. If you work with us, we will help determine whether you have grounds to bring a personal injury claim in addition to a workers’ compensation claim.
Yes. Anyone injured on a construction site due to someone else’s negligence, regardless of whether or not they are a worker, may be able to bring a claim against the negligent parties.
Labor Law Section 241 requires contractors and others in charge of a work site to ensure workers are protected from all potential hazards. It states that all areas in which construction, excavation, or demolition is being done must be equipped and guarded to provide “reasonable and adequate protection and safety” to the employees or others in the area. New York State requires that property owners, developers, and general contractors adhere to the Industrial Code, a codification of safety rules designed to keep construction workers safe and healthy.
There are perhaps innumerable ways in which a person can suffer injury at a construction site. Scaffolding accidents are the most common, accounting for nearly two-thirds of all construction accidents. Other common causes include: falls, electrocution, and improperly braced trenches.
We can visit you at home, at work, or even at the hospital while you recover. All you have to do is call us and ask for help. It’s that easy.
Part 23 of the code covers Protection in Construction, Demolition, and Excavation Operations. The code covers requirements for all aspects of construction work, including protection from general hazards, flooring requirements during construction, and provisions for scaffolding, in addition to much more. The codes lay out standards for running a safe construction site in New York; if they are not followed, accidents may occur, and the responsible party may be held accountable under the law.
What Benefits are Provided By Workers’ Compensation? It is important to understand your rights following a construction accident. Whether you are an injured worker or a mourning family member who has lost a loved one, our legal team is here to help. In New York, if you are injured while performing daily work tasks, you are eligible to file a workers’ compensation claim. The benefits provided through workers’ compensation can include: Full coverage of medical costs Partial compensation for lost wages Potential disability benefits Death benefits These benefits can also include cash benefits, supplement benefits, durable medical goods benefits, pharmacy benefits, and many others. In cases where negligence is involved – whether on your part or your employer’s – you are still entitled to workers’ comp benefits. However, this may be the only legal avenue that allows you to pursue compensation from your employer in most cases.
A: Definitely. Your claim may involve complex issues concerning third-party liability, compliance with safety regulations, engineering and indemnity. Personal injury lawyers who are experienced in the area of construction accident liability can help you determine if you have a case, and if you do, how to pursue it.
Construction site owners, equipment manufacturers, general contractors, and sub-contractors may all play a part in a construction accident. However, all of these parties will do whatever they can to reduce their liability when a worker is hurt.
Multiple parties can be held liable for a construction accident, including the contractor, subcontractor, construction site owner, property developer, engineers, equipment manufacturer, or another party involved in the construction project. For example, if you were working on a scaffold that collapsed and became injured, it is possible both the manufacturer of the scaffold and the contractor in charge of the site could be found liable.
We’re knowledgeable about complex New York labor laws, OSHA regulations, and construction codes and practices. This insight will help us prove why the contractor, employer, manufacturer, or other party is to blame for your injuries.
If you or a loved one have been injured in a construction site accident, you deserve compensation for your medical expenses, your lost wages and your lost earning capacity. Don’t wait another day to start seeking the compensation and benefits that you deserve.
“This is my second time using the Law Offices of Michael Lamonsoff. The first time was when I was involved in an auto accident in 2000. This time, I was injured at work and because of how well things turned out previously, I couldn’t have thought of a better lawyer to retain. I would definitely recommend Michael to anyone who is fighting for their rights and justice.” Los Aviles
Knapik v. Column 75, et al., Supreme Court, New York County (December 19, 2013). Trial court awarded liability under Scaffold Law to our client, who fell from an open A-frame ladder that shook and moved while our client was working from it in a bathroom.
Each year, thousands of workers are injured or killed at New York and New Jersey construction sites. Although construction companies are required under New York labor laws to inspect each site with safety engineers and implement a wide variety of safety measures, construction workers still face a greater risk of work-related injury or fatality than employees in any other U.S. industry. New York labor laws were enacted to protect construction workers from work site-related accidents–and it’s for this reason that our firm believes that most work site accidents are avoidable and that those not following laws to protect workers should be held accountable.
On a construction site located at East 38th Street, an accident occurred resulting in five construction workers being injured. According to a DOB inspector, interior demolition work was being performed on the fourth floor of a building when the wood and plaster ceiling collapsed on the workers. Two of the workers were in serious condition and taken to Bellevue Hospital for treatment. A violation and full stop work order were issued.
All states require some form of workers’ compensation that provides compensation to workers who are injured on the job, regardless of who is at fault for the workplace accident. However, the compensation that can be recovered under workers’ compensation is usually less than what a worker can recover in a personal injury lawsuit. And not all workers’ compensation laws apply to every lawsuit filed by an injured worker. Personal injury lawsuits offer the potential for higher damage awards.
Czajkowski v. City of New York, 126 A.D.3d 543 (1st Dept. 2015) – Won liability under Scaffold Law for our client, who was using a sawzall to remove 10-foot high, 8 to 10-foot wide window frames, when the top half of the window fell out of the wall and crushed his hand. The Court said that Mr. Czakowski was entitled to summary judgment on his Labor Law 240 claim because he “was not provided any safety device to brace or otherwise support the window while it was being removed in the manner he was instructed.” This case was settled for $700,000.
Curte v. City of New York, 21 A.D.3d 1050 (2d Dept. 2005). The plaintiff was “chipping concrete” as part of a repair of a train trestle located at the Huguenot station in Staten Island. A gust of wind caused by the passing of a nearby train caused a tarp to exert pressure against the plaintiff’s ladder, the ladder moved away from the wall on which it had been propped, and this movement prompted the plaintiff to release his grasp and fall.
Often, in a misguided effort to control costs or maintain an arbitrary safety rating, employers retaliate or threaten to retaliate when construction workers file a personal injury claim. It is your right, though, to pursue compensation whenever it is owed, and to do so without employer harassment.
At The Perecman Firm, we handle all legal aspects of the claims and cases for a person injured in a construction accident, including workers’ compensation claims, personal injury lawsuits, social security disability, and appeals. Our tough, reputable New York construction accident attorneys are ready to assist you and your family following a construction accident, from the filing and handling of your workers’ compensation claim to taking your lawsuit to trial. Our team of construction accident lawyers is led by founding attorney, David Perecman, who is one of the most highly experienced and skilled construction accident trial lawyers in New York. For years, he has led lectures for other lawyers at the New York State Trial Lawyers Association (NYSTLA) to spread his knowledge of New York’s Labor Law, a position he earned through years of experience and record-setting success. Our team also consists of a former trade union Business Agent and union member, construction site safety experts and engineers, as well as former police officers working as investigators. It is because of our proven skills in handling construction accident cases in New York that we achieve multi-million dollar verdicts and settlements for many of our clients. In the last five years alone, we have recovered more than 50 verdicts and settlements of a million dollars or more for our clients.
Statistics show that during the last six-month period, 286 construction accidents occurred within New York City with 5 fatalities. For instance, the majority of the construction-related accidents categorized by the Department of Buildings involved a falling worker. A close second was workers struck by a falling object.
Our premise is simple: The harder we litigate, the more insurance companies will understand the futility of their defense. Corporations and insurance companies do not settle cases out of the goodness of their heart. Instead, they must be held accountable by an aggressive, forceful attorney. If they do not come to the bargaining table and offer you the full financial compensation you deserve, we are ready, willing, and able to hold them accountable before a jury.
New York’s construction accident regulations are notoriously complex. You need an aggressive and experienced construction accident attorney who knows how to fight for you. Michael S. Lamonsoff, “The Bull” and his team of highly trained and aggressive construction accident attorneys will never stop fighting for you. For him and his firm, the only acceptable outcome is victory. They have won over $500 million for the firm’s clients.
Free Case EvaluationOur fee is on a contingency basis. If we don’t recover money for you, we will never charge you. If you are unable to come to any of our offices, we are happy to visit you at home or in the hospital.
If your claim is denied, you should contact an experienced workers’ compensation lawyer to guide you. Once your claim is denied by your employer’s insurance company, you can file an appeal with the New York Workers’ Compensation Board. You will need to fill out paperwork and file it with the Board, then attend a hearing to appeal the insurance company’s decision. Having legal representation can help build your case and make sure you file paperwork properly, meet necessary deadlines, and present your case professionally to the Board. The Board’s ruling on your appeal is final, so it is important to do it right.
How Does Workers’ Compensation Work in New York? This insurance provides money for medical care and lost wages for injuries suffered on the job. Workers covered by workers’ comp may not file lawsuits against their employers; however, some businesses may try to lessen a workers’ comp claim or disprove it entirely. If your claim is denied, you should contact an experienced workers’ compensation lawyer to guide you. Once your claim is denied by your employer’s insurance company, you can file an appeal with the New York Workers’ Compensation Board. You will need to fill out paperwork and file it with the Board, then attend a hearing to appeal the insurance company’s decision. Having legal representation can help build your case and make sure you file paperwork properly, meet necessary deadlines, and present your case professionally to the Board. The Board’s ruling on your appeal is final, so it is important to do it right. Back to Top
New York has special labor laws that allow construction workers to file a lawsuit if they suffer an injury on the job. These laws allow workers to seek compensation for lost wages and benefits, medical bills and expenses and compensation for pain and suffering. In particular, the three code sections of the New York labor law that pertain most to construction include:
These are serious effects of your accident. As a result, they should be taken into account when determining the compensation you are entitled to. The top accident experts we work with will offer vital insight to how any of these post-accident consequences can lead to greater compensation. With their help, we can better understand your specific injuries and how they may cause you hardship. Above all, this will help us gain a greater understanding of what your case is actually worth.
Almost any injury that occurs on a construction site in the course of your employment would likely allow you to at least file a workers’ compensation claim. Injuries resulting from construction site accidents can range from minor to catastrophic, due to the amount of risk working in construction entails. Injuries from construction sites can include, but are not limited to:
New York has various protections in place for construction workers. In addition to New York labor laws, the New York Division of Health and Safety (within the Department of Labor) has jurisdiction over various Industrial Code Rules. Both are meant to help protect workers and minimize accidents. If you are injured in a construction accident, these rules can demonstrate that you have a valid claim. Below is some general information on the New York industrial codes and labor laws that protect construction workers.
New York Labor Law Section 240 contains special provisions for workers injured by or on scaffolds, ladders, hoists, stays, slings, hangers, pulleys, irons, ropes, blocks, braces and other similar devices. This unique section of the New York Labor Law, commonly known as the “Scaffolding Law,” allows injured workers to bring lawsuits against a property owner or general contractor who violates this section, rendering them strictly liable for workers injured as a result of inadequate or missing safety equipment at elevated work sites. Labor Law Section 240 also protects workers from “falling objects” at a work site where an object falls and injures a worker due to a violation of the safety provisions of that section of law. In addition, Section 241 of the New York State Labor Law imposes a duty upon the general contractor and/or owner to comply with all provisions of the New York State Industrial Code. Architects, subcontractors and manufacturers of equipment may also be held responsible for inadequate safety precautions.
Importantly, pursuing action via the personal injury process is a way to hold the responsible party accountable for their negligence. Unlike in the workers’ compensation context, however, it is necessary to prove that someone’s carelessness caused your construction accident.
New York has unique, specialized, and incredibly powerful laws that allow injured construction workers to hold negligent companies accountable and seek compensation for medical bills, lost wages, and pain and suffering. Workers at construction, demolition and renovation sites have a hazardous occupation in which they are exposed to many potential dangers that can cause injuries.
In other words, property owners and general contractors have to take steps to ensure that construction sites are safe. If are any potential dangers could harm a worker, those must be addressed. Workers must have the necessary safety equipment to do their job.
If you have been injured in a NYC or Long Island construction accident, contact Finz & Finz, P.C., today to schedule a free construction accident case evaluation. You will speak to our New York construction accident lawyers about your case. Our lawyers can explain your legal rights and options.
Dobrzyn v. City of New York, et al., Supreme Court, New York County (May 16, 2013). Trial court granted summary judgment under Scaffold Law to our client who, while laying bricks on an exterior wall of a building, was injured when the scaffold he was working on came free from the wall that it was attached to because it had been improperly secured to it.