Our NYC Construction Accident Lawyers Can Help
Construction sites, with all their heavy equipment and moving parts, are filled with potentially dangerous situations.
As such, it is not surprising that construction workers have some of the highest rates of workplace injuries, which can cause severe disabilities and death. According to the Bureau of Labor Statistics, the fatal work injury rate per 100,000 full-time construction workers was 43.3 in 2020. This means that full-time construction workers are the fourth most likely occupation to suffer fatal work injuries, just behind roofers (47), logging workers (91.7), and fishing and hunting workers (132.1).
Moreover, survivors of construction injuries may be left in pain and incapacitated, with injuries that range from broken bones, bruises, and lacerations to amputations, head and brain injuries, and spinal cord injuries and paralysis. They may be unable to work or carry out normal activities of life at a time that medical bills and expenses keep mounting.
If you or a loved one has been injured or someone has died in a New York construction accident, you may be entitled to compensation through workers’ compensation, a lawsuit, or both. Workers’ compensation generally covers your medical expenses and part of your lost wages while you are out of work. A personal injury lawsuit goes beyond workers’ comp and allows you to recover for additional benefits and non-economic damages. In many cases, you have two potential cases or claims for one accident, through workers’ compensation and a lawsuit.
New York laws regarding construction accidents are complicated, and making mistakes can cause your claim to be denied, but there is help available from a New York construction injury lawyer at Tucker Lawyers PC. Our compassionate work injury attorneys understand how debilitating an injury can be and how it can change your life forever. We can take the burden off you by dealing with the legal issues and paperwork necessary to help you get the compensation you deserve.
We offer a free consultation so you can tell us about the accident and your injuries, and we can discuss your best options to move forward.
Find out why so many construction accident victims turn to us. Call us today for your free consultation.
What Our Construction Accident Lawyers in NYC Can Do to Help You
Our Tucker Lawyers have won large settlements and jury awards on behalf of clients who have been injured in construction accidents, and we are prepared to do the same for you. When you hire us, our lawyers will get to work on your behalf immediately. We will:
- Listen to you explain what happened and determine who might have been responsible for your accident, what your case may be worth, and what the best approach to getting you compensation might be.
- Make sure you get the medical treatment you need and that your injuries are properly documented.
- Investigate your case, gathering evidence such as photos and videos from surveillance cameras.
- Interview witnesses and first responders.
- Handle all legal matters, filings, deadlines, and court appearances.
- Hire experts to provide testimony about how the accident happened and how your injuries affect your life, ability to work, and social situations.
- Deal with communications and negotiations with insurance companies and their lawyers.
- Take your case to court and handle all aspects of a trial if necessary.
Our attorneys will be there for you, answering your questions and concerns throughout the entire process. Let us take care of all legal hurdles so you can concentrate on your recovery.
New York Construction Accident Attorney Helps Determine Whether You Qualify for Compensation in New York
All workers are entitled to file a workers’ compensation claim if they’ve been injured on the job. If you were injured while working on a construction site, you are entitled to benefits, and our construction accident attorneys can help you get them.
If you are injured at work and your employer carries workers’ comp, you should:
- Notify your employer in writing as soon as possible
- Fill out a Form C-3 Injury Report (supplied by your employer) within 30 days of the accident
- Send the completed Form C-3 Injury Report to the New York Workers’ Compensation Board (WCB)
- See a WCB-approved doctor as soon as possible.
Workers’ comp benefits are designed to address injured workers’ monetary needs. You may receive benefits within as little as 18 days after the injury if everyone does their job promptly. Otherwise, there may be payment delays. Sometimes, the WCB may hold a hearing before a Workers’ Comp Judge to determine your benefits eligibility.
Many workers’ comp claims are denied, for a variety of reasons. If your eligibility is denied, you may appeal within 30 days, and a panel of three board members will review your case. It will affirm, modify, or rescind the judge’s decision or send it back to the judge for further consideration. The panel’s decision must be unanimous. If it’s not, you can request a full Workers’ Comp Board review, and if the Workers’ Comp Board denies your further appeal, you have the right to be reheard in Appellate Division.
If your employer doesn’t have workers’ compensation insurance, NY-WCB has an Uninsured Employers’ Fund that pays lost wages and medical expenses. However, WCB awards generally fall short of most seriously injured workers’ needs, so it’s best to call a lawyer the moment you know your employer carries no workers’ comp.
When Negligence Is a Factor
If your injuries were due to someone else’s negligence because of unsafe work conditions or lack of safety devices, or because the site was not up to code, you may be able to bring a lawsuit to receive compensation in addition to the workers’ compensation benefits.
Employers normally cannot be sued directly, and workers’ compensation benefits don’t provide for the pain and suffering you endure after being injured. However, if your injuries were caused by the negligence of someone other than your employer (a third party), you can pursue a claim against them. NY law (Section 200 of the New York Labor Law) obligates owners and general contractors to “provide reasonable and adequate protection to the lives, health, and safety of all persons employed therein or lawfully frequenting such places.”
In a construction accident, there may be multiple parties who, through some act of negligence, contributed to the accident. Examples include subcontractors who may have run you over with a construction vehicle, manufacturers or distributors of defective equipment that injured you, government agencies, construction site property owners, and general contractors who did not ensure a safe work environment.
To establish liability, our attorneys must prove that:
- The defendants owed you a duty not to cause harm.
- The defendants breached this duty by acting or failing to act in some manner.
- This breach caused your injuries or illness.
- You suffered actual damages as a result.
Even if negligence wasn’t the direct cause of your injury, you may still qualify for compensation through a lawsuit. There are different types of injury claims you can file:
- Scaffolding/Ladder Injury Claim: New York State has special legislation in place for workers who have been injured due to a fall from a scaffold or ladder (Section 240 of New York’s Labor Law). The law outlines how scaffolding and other dangerous construction site equipment must be erected, secured, and fastened on a site. If you’ve been injured this way, you may have to take alternative steps when filing your claim.
- Defective Machinery and Heavy Equipment: Forklifts, cranes, and other vehicles used in construction can be hazardous to operators and others working in their vicinity.
- Highway Work Zone Accidents: As with scaffolding, a different set of standards are in place for highway work zones.
- Unsafe Work Site: There are codes in place to protect everyone working on a construction project.
Tucker Lawyers PC has handled virtually all types of construction site injuries. Our team of New York construction accident attorneys or personal injury attorneys in Staten Island has had great success in protecting the rights of injured workers, getting them the medical attention they need, and obtaining the significant recoveries they deserve. We know how hazardous the workplace can be, and we feel that you should be compensated if you’ve been hurt.
Damages Our Construction Injury Attorneys May Recover for You
In A Successful Case, Our Construction Injury Attorneys May Be Able to Win Compensation for Both Your Economic And Non-Economic Damages And Losses.
Economic damages cover your monetary losses and expenses, such as:
- Medical and rehabilitative expenses for injuries like traumatic brain injuries
- Lost wages, income, and future earning capacity
- Property damage.
Non-economic damages cover intangible negative effects of the accident, those which do not have a specific dollar value, such as:
- Physical and emotional pain and suffering
- Loss of consortium and companionship
- Wrongful death.
There are a wide range of damage amounts you may receive, depending on factors such as:
- The extent and permanence of your injuries
- Whether you will need continuing care
- Your age and earning capacity
- Whether you will be able to return to work in the future
- Whether death is involved.
In addition, the following may affect your settlement amount:
- The individual judge and jury
- The jurisdiction where the case is heard
- Your attorney’s ability to negotiate and present your case.
Why Choose Us
If you or a loved one has been injured or killed by a construction accident, contact Tucker Lawyers PC’s expert legal team. Compassionate and knowledgeable, Tucker Lawyers PC’s workers’ compensation attorneys have years of experience helping clients get back to work. This experience has given us the confidence to win numerous big cases, including:
- A $1.35 million settlement
- A $950,000 settlement
- Two $525,000 settlements
- A $500,00 settlement
- A $325,000 settlement
- And much more.
Our workers’ compensation lawyers are also a great choice for the following reasons:
- We have extensive experience with workers’ compensation lawsuits and applications.
- We have detailed knowledge of New York workers’ compensation laws, so we know how to maximize the benefits you deserve.
- Attorney John Tucker leads our team and will leverage his skills to guide your case.
- Our team is dedicated to helping you and the New York community.
Construction Companies Owe Workers a Safe Environment
The Occupational Safety and Health Administration (OSHA) has explicit rules governing safe construction worksites. OSHA’s Safety and Health Regulations for Construction state that under no circumstance is “the prime contractor relieved of overall responsibility for compliance with the requirements of this part for all work to be performed….”
New York City’s Office of Labor Policy & Standards (OLPS) enforces the City’s workplace laws, many of which govern the construction industry. Its recent annual report outlines these ordinances and clarifies NYC’s work safety laws which hold property owners, construction contractors, and subcontractors liable for most workplace injuries.
Which Workers are at Greatest Risk for Injuries on Construction Sites?
Several types of workers are at greater risk of injuries on construction sites, including:
- Hispanic workers: Fatalities among Hispanic construction workers are incredibly concerning. From 2011 to 2019, the number of fatal injuries among Hispanic construction workers has risen about 90%, outstripping their employment growth in the industry during the period. Hispanic workers who work for smaller firms and are 25 years and younger are particularly at risk.
- Aging workers: As of 2021, about 40% of all construction workers are 45 to 64 years old. Experienced workers are less likely to be hurt by certain hazards, but they are more susceptible to others. An extensive study of mature construction workers showed that older workers had a higher risk of musculoskeletal diseases, especially functional limitations like extending arms and back problems. Older workers also have lower bone density and muscle mass, making them more susceptible to chronic inflammatory conditions like arthritis. A 2020 CPWR study further revealed that aging construction workers are significantly more likely to develop COPD than the general population.
- Employees who work for small employers with under 20 employees: Small employers with under 20 employees accounted for three-quarters of fatal falls between 2015 and 2017. However, they only made up 39% of construction payroll employment. Employees working for smaller companies are more likely to experience fatalities because small companies are less likely to study safety trends and plan for improvement.
FAQs: Construction Accident Attorneys Answer Your Questions
After being injured in a construction accident, you are bound to have questions and concerns. Here are some answers to questions our attorneys are frequently asked:
Can I Receive Compensation If I Was Injured “Off the Clock”?
Am I Obligated to Give a Statement to Insurance Adjusters?
If I File a Claim Against My Employer, Can He File a Counterclaim Against Me?
If My Employer Has Been Found Guilty of Violating an OSHA Regulation, Does That Mean I Am Guaranteed Benefits?
I’ve Gone Back to Work, But My Injury Prevents Me from Working the Same Number of Hours That I Used To. Can I Still Receive Benefits?
I Tried to Get Back to Work as Soon as Possible and Got Reinjured in the Process. What Do I Do?
What Does Settlement of a Construction Site Accident Mean?
How Long Should I Wait Before Contacting a Construction Site Accident Attorney?
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]