A construction accident lawyer can help injured workers by representing them in their case against the landowner or general contractor if they qualify to take this type of legal action. Construction accident lawyers work with your workers’ compensation attorney to help represent your best interests and seek the range of financial recovery you need to cover your accident-related damages.
Your attorney will navigate the claims process or prepare and handle your lawsuit for you. This will allow you to focus on healing and getting back to work or taking other steps to get your life back to normal.
New York State Laws Allow for Legal Action After Some Construction Accidents
Construction accident cases are usually more complex than most premises liability cases. Because the victims of these accidents are usually working, there are additional rules at play. Accident victims in New York State are generally barred from filing a lawsuit against their employer for on the job injuries. Instead, they should qualify to receive workers’ compensation benefits. These benefits include payment for their medical bills and cash payments for a portion of their lost wages.
However, workers’ compensation does not cover the full value of the worker’s lost income or allow them to recover intangible losses, including pain and suffering damages. These are huge losses for many construction workers with serious injuries who will miss significant time at work or will not return to their job.
A construction accident lawyer is familiar with New York’s labor laws, specifically the Scaffold Law under New York Labor § 240, the statute that permits the presentation of a case against the landowner and/or general contractor for injured construction workers who qualify. In general, this law offers extra protection for workers who suffered injuries working on a ladder or scaffolding.
How Third-Party Claims Work After a Construction Accident
A construction accident lawyer can help their clients take legal action following an accident and injuries on a construction site. According to the Occupational Safety and Health Administration (OSHA), many of the most commonly cited violations of their rules relate to falls in the construction industry, including:
- Fall protection equipment
- Fall protection training
- Scaffolding violations
- Ladder violations
Filing a third-party claim against the property owner and general contractor requires developing a strong case that documents the accident, injuries, prognosis, and value of the case. Your lawyer will know what it takes to secure a financial recovery, including damages for your physical suffering and emotional pain and other losses not covered by workers’ compensation.
Many injured workers worry about paying their bills with only a fraction of their usual income. Making a claim or bringing a lawsuit to recover compensation through a third-party claim in addition to workers’ compensation, will seek to resolve the financial concerns not addressed by the workers compensation claim alone, especially if you cannot go back to work.
Speak with a Member of Our Construction Accident Team
When Friedman & Simon, L.L.P. works to build a case for a client, we invest the time, finances, and resources needed to support their claim and pursue damages on their behalf. We represent injured construction workers based on contingency, requiring no upfront payments and only collecting attorney’s fees from the payout recovered.
When we represent a client, we take the necessary steps to protect their rights and pursue compensation on their behalf. This includes:
- Keeping them updated about their case
- Identifying the liable parties, usually property owners and general contractors
- Communicating with all parties about the case
- Gathering evidence to prove the case
- Determining a value for the case
- Fighting relentlessly to win the best possible outcome for you
As a part of proving these cases, we work with our network of experts to get the documentation necessary to support our client’s claim. This includes medical experts, economists, vocational rehabilitation specialists, and life care planners.
Discuss your construction accident with a team member from Friedman & Simon, L.L.P. during a complimentary case consultation today. Our team will determine your legal options for action based on the details of what happened. We represent clients hurt on Long Island or elsewhere in the New York metropolitan area and will meet with you in an area that is convenient for you.
At Friedman & Simon, L.L.P., we are passionate advocates for injured workers. We generally only have a limited time to take legal action on behalf of our clients under New York Civil Practice Laws & Rules § 214. In addition to this statute of limitations, practical considerations, such as obtaining evidence (e.g., witness statements, job-site video, etc.,) are best addressed as soon as possible. For all reasons, from legal deadlines to practical considerations of gathering the best, relevant evidence, the sooner you contact us, the greater our opportunity to build the strongest case possible on your behalf.
Call (516) 932-0400 now to talk to a team member today. We have multilingual staff members to discuss your case with you in Spanish, Greek, Bengali, Tamil, or Kannada, if you prefer.