Were you or a loved one hurt in a construction accident in Staten Island? You may be entitled to compensation for medical bills, lost wages, pain and suffering and more.
An experienced Staten Island construction accident lawyer at Rosenbaum & Rosenbaum, P.C. can help you get the full compensation you deserve.
All you have to do is schedule a free consultation to speak with a skilled attorney today.
How Our Experienced Staten Island Personal Injury Lawyers Can Help If You Was Hurt on the Job
One of the most important decisions you’ll make if you were hurt on the job involves hiring a lawyer.
An experienced Staten Island personal injury attorney can make the difference between walking away with a full settlement or facing years of financial insecurity.
After an accident, it’s understandable if you don’t have the energy to fight with insurance companies and defense attorneys. Unfortunately, these parties rarely make getting fair compensation easy. It’s their job to pay you as little as possible. That’s where your lawyer can step in to fight back.
Our Staten Island construction accident attorneys have been fighting to protect accident victims for over 40 years. We have successfully recovered millions in settlements and verdicts for our clients. When you hire Rosenbaum & Rosenbaum, P.C., our lawyers will:
- Explain your legal rights and options for recovering compensation
- Investigate to identify any third parties who might be responsible for your accident and injuries
- Work with leading experts in medicine, finance and accident reconstruction to identify the cause of your accident and accurately value your claim for benefits
- Fight back if the insurance company or your employer tries to deny your right to workers’ compensation benefits
- Advocate on your behalf throughout the entire legal process
You might be tempted to handle your claim alone. For some accident victims, that might be an option. A trained attorney can identify options for getting compensation that you might overlook. Your consultation is free, so it never hurts to get some basic legal advice before you decide.
To learn more about how an experienced lawyer can fight for you, please contact our law firm to schedule your free consultation today.
Overview of the New York State Construction Liability Laws
Occupational Safety and Health Administration (OSHA) statistics show that about 1,008 construction workers died on the job in 2018. Many fatalities and injuries could be prevented if employers, property owners and others followed the relevant construction safety regulations.
New York Labor Laws Section 200, Section 240 and Section 241 are three of the key laws designed to protect worker safety in NYC. Anyone who violates these laws can be held accountable for the resulting damage.
NY Labor Law Section 200
Section 200 creates a general duty for contractors and property owners to keep workers safe. It requires that construction sites be designed to provide reasonable and adequate protection for the lives, health and safety of those on the site. Section 200 also creates a duty to make sure that machinery and equipment is placed, operated and guarded in a way to provide reasonable and adequate security for workers.
NY Labor Law Section 240
Section 240 is known as the scaffolding law. Because falls are one of the construction industry “fatal four”, the safety rules are detailed when workers use scaffolding, ladders and or otherwise work from heights.
The scaffolding law requires that the scaffold and any related equipment be maintained in safe condition. It also requires protection for workers on the ground, who risk being struck by falling objects.
Property owners and general contractors can be held strictly liable for injuries resulting from the force of gravity–whether in terms of a fall from height or being struck by a falling object.
NY Labor Law Section 241
Section 241 provides safety standards for workers where construction, excavation or demolition work is being performed. It outlines requirements that apply in terms of flooring, protection from trip and fall hazards and construction site elevator safety. General contractors and property owners can be held liable for failing to implement appropriate safety precautions under Section 241.
Dangers of a Staten Island Construction Site
Any number of dangerous conditions can exist on a construction site at a given time. Accidents can occur during all phases of the construction process. Some of the dangerous inherent to construction sites include:
- Fall risks
- Unfinished structures
- Exposed utilities
- Heavy machinery
- Sharp objects
- Toxic chemicals and substances
- The need for heavy lifting
These dangers are common to many construction sites. That doesn’t mean you have to accept the risk of an accident. If someone fails to take adequate steps to ensure your safety, our lawyers can fight to hold them accountable.
Types of Construction Accident Cases We Handle
Our lawyers handle all types of construction site accident cases, including those involving:
- Scaffolding accidents
- Trench accidents
- Roof and ladder falls
- Falling object accidents
- Electric shock accidents
- Crane accidents
- Accidents involving explosions and burn injuries
- Building collapse
- Car accidents
- Truck accidents
- Unsafe construction work equipment
- Forklift accidents
- Slip and fall accidents
- Welding accidents
If you’re hurt on the job, you should be entitled to workers’ compensation benefits regardless of how the accident happened.
Our lawyers will investigate to find out if someone else’s careless actions or omissions caused your accident. If that’s true, you may also have the right to sue for compensation in addition to your workers’ comp benefits.
Construction Accidents Often Cause Serious Injuries
Construction accidents are responsible for some of the most serious workplace injuries in New York City. Our lawyers regularly help injured workers who have sustained:
- Traumatic brain injuries
- Spinal cord injuries
- Head injuries
- Broken bones
- Fractures and joint injuries
- Chest injuries
- Soft tissue injuries
- Organ damage
- Catastrophic injuries
- Burn injuries
- Wrongful death of a loved one
Our lawyers at Rosenbaum & Rosenbaum, P.C. know that it can be difficult to contemplate the future when you’re faced with a serious injury. We’re available to take away some of the burden so that you can work toward your physical recovery.
It’s never too early to call an experienced personal injury attorney to discuss your claim. We’re available to get to work investigating your claim right away, so don’t hesitate to call.
Time Limits on Filing a Claim
It’s important to pay close attention to the time limits for filing a claim. Once the statute of limitations has expired, you could lose your right to compensation. New York gives you three years to file a third-party personal injury lawsuit for damages. However, you have to notify your employer within 30 days of the accident to protect your right to workers’ compensation.
What Types of Damages Are Available if I Was Hurt on the Job in Staten Island?
If you were hurt at work, you can’t file a personal injury lawsuit against your employer even if your employer caused the accident. You can file a claim for workers’ compensation.
If someone other than your employer caused the accident, you may be entitled to workers’ compensation benefits and still be eligible to sue for damages.
Workers’ Compensation Benefits
Workers’ compensation is a type of insurance that’s available to all employees who are hurt on the job in NYC. You’re entitled to compensation for all of your medical bills, as long as you see an approved doctor. You also have the right to cash benefits, which are awarded based on a formula.
You can receive about ⅔ of your average weekly wages before the accident, subject to a weekly cap of about $966 per week in 2020.
Available Damages in a Personal Injury Lawsuit
Workers’ compensation doesn’t cover everything. If you were seriously hurt in the accident, your expenses might far exceed what you can get via workers’ compensation. Our lawyers are committed to making sure you get everything you deserve. In a personal injury lawsuit against a negligent third party, your damages award could include money for:
- Medical bills
- 100% of your lost wages and salary
- Future medical treatment
- Loss of your future earning potential
- Physical therapy, rehab and long-term care
- Disfigurement and scarring
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of your loved one’s company or financial support if the accident was fatal
- And more
In other words, you’re entitled to damages designed to make you “whole” again after the accident. Our lawyers are here to help you understand whether you’re entitled to file a lawsuit. We can also explain how the third-party claims process might impact your workers’ compensation entitlement. Just schedule a free consultation with our legal team to learn more.
Schedule a Free Consultation With An Experienced Staten Island Construction Accident Lawyer Who Can Help
Knowing your legal rights is the first step in making sure you’re receiving the full compensation you deserve. A qualified Staten Island construction accident lawyer at Rosenbaum & Rosenbaum, P.C. can help you understand how much your case is worth. All you have to do is call or contact our law offices to schedule a free consultation.
We serve clients in Brooklyn, Staten Island and across NYC.