A workplace accident changes much more than your ability to do your job; it also affects your family, your finances, and your peace of mind. If you suffered a serious injury on a construction site in New York City or the surrounding areas, you may find that workers’ compensation is barely keeping you afloat.
The good news is that many construction workers injured on the job are eligible for compensation beyond the limited benefits of workers’ comp. That means the time to hire a construction accident lawyer is now. The sooner you speak with a qualified New York City construction accident lawyer, the better positioned you may be for an outcome that protects your future.
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Hiring a Personal Injury Lawyer After a NYC Construction Accident: Key Points
- Workers’ compensation often isn’t the only available source of compensation for construction workers injured on a NYC construction site.
- Legal action may be necessary when a serious injury occurs on the job, especially if a third party, like a contractor or equipment maker, shares responsibility.
- New York labor laws provide strong protections for workers injured in elevation-related accidents, such as falls from scaffolds or ladders.
- Insurance companies usually try to limit their financial risk, which may involve delaying or denying your claim for compensation.
- A law firm with significant experience in high-stakes personal injury cases can document all losses you have suffered and strengthen your claim for compensation.
Common Causes of Serious Construction Accidents in New York City
Serious injuries on a construction site may seem like simple accidents on the surface, but they’re often the result of a combination of factors that lead to a catastrophic injury. The most common types of safety failures involve the equipment people use and the environment they work in.
- Ladder fall down incidents: Falls from ladders and other heights are a leading cause of severe injury in construction. When a ladder is unstable, defective, or improperly set up, it creates a serious risk of a worker falling.
- Hazards from scaffold collapse: Scaffolds are essential for many construction projects, but they are only safe when properly erected and maintained. If a scaffold was built poorly or was missing proper guardrails, the responsible parties may be held accountable for the harm caused.
- Defective or malfunctioning equipment: Heavy machinery, power tools, and building materials pose a risk when they are not maintained or secured. If equipment fails due to a defect, the manufacturer may be responsible.
- Vehicle accidents on the site: Heavy equipment and vehicles, such as forklifts, cranes, and delivery trucks, are common on construction sites. Careless operators or equipment with mechanical problems may cause serious accidents.
- Lack of proper training and safety gear: Employers are required to provide necessary protective equipment and training. Ignoring this duty, such as by allowing untrained workers to operate machinery, is a violation of safety rules.
Speaking with a lawyer about the details of what went wrong may help determine which law applies in your situation and who, if anyone, can be held liable for your injuries.
Recognizing When You May Need a Lawyer After a NYC Construction Accident
After a construction injury, you may feel pressure to handle everything yourself, thinking your workers’ compensation will be enough. However, seeking legal advice from a New York City construction accident lawyer is a wise decision. There may be factors that contributed to your accident that you never realized. Hiring a lawyer as soon as possible after the accident can help preserve key evidence that may support a claim.
These common situations often signal that you should consult a construction accident lawyer:
- Your injury is serious, long-term, or catastrophic, requiring extensive medical care and preventing you from returning to work. Traumatic brain injuries (TBIs), spinal cord injuries, broken bones, and amputations are some of the serious injuries that can lead to financial hardship without a lawyer.
- You know that a party other than your direct employer, such as a general contractor, subcontractor, or equipment manufacturer, played a role in causing the unsafe condition.
- The insurance company is already delaying your claim, denying necessary medical treatments, or questioning whether your injury happened at work.
- Your employer or the site owner is attempting to shift the blame to you or your coworkers, even though they clearly violated safety rules.
Even if your injury seems straightforward, New York labor laws and workers’ compensation rules may quickly become difficult to manage. Consulting with a law firm does not commit you to filing a lawsuit. It simply gives you the full picture of your rights and options before you make a decision.
Challenges with Insurance Companies
Insurance companies have one main goal: to protect their profits by paying as little as possible on every claim. This business model means they often use methods designed to minimize your payout, even when your injuries are severe and clearly work-related.
Hiring a lawyer who isn’t afraid to take insurance companies to court if needed levels the playing field and gives your case considerable leverage.
A lawyer can protect your claim from tactics such as:
- Claiming the injury was pre-existing and not caused by the construction accident.
- Arguing that the medical treatment you received was unnecessary or excessive for the injury.
- Delaying communication or payments to pressure you into accepting a smaller settlement out of need.
- Requesting excessive, confusing paperwork that makes it hard to complete the claim properly and on time.
When an insurance company denies or stalls your claim, the law provides options to challenge that decision. An experienced construction accident lawyer can act quickly to appeal a denial, gather strong medical evidence, and counter unfair tactics. They know how to negotiate effectively with adjusters and take the case to court if needed. Strong legal representation keeps the focus on your recovery, not the insurer’s bottom line.
Identifying All Liable Parties in Your NYC Construction Accident Claim
In many construction accidents, the blame does not solely rest with your immediate employer. New York law recognizes that multiple parties often contribute to the safety conditions on a work site.
Pursuing a claim against a third party is separate from workers’ compensation and may allow you to pursue financial recovery for your pain and suffering, which workers’ compensation does not cover, as well as your full lost wages.
Pinpointing who failed to uphold safety standards and created an unsafe work site can be a complicated process, but it is necessary to broaden your potential sources of compensation. A thorough investigation may reveal negligence from several different directions.
Here are some of the parties who might share responsibility for an injury:
- General contractors failing to manage overall site safety, even if they didn’t directly employ you.
- Subcontractors leaving dangerous debris, tools, or materials on walkways or elevated areas.
- Property owners who knew about a hazardous condition on the site and failed to fix it or warn workers.
- Equipment and machinery manufacturers producing or selling a defective tool that malfunctions during use.
When one of these third parties is at fault, a New York City construction accident lawyer may launch a personal injury lawsuit against them. This legal action allows you to fight for fair compensation that goes beyond basic medical bills and lost wages provided by workers' compensation.
New York’s Special Protections for Workers
New York State has some of the country’s strongest laws protecting workers at construction sites, especially regarding elevation hazards. These laws aim to hold site owners and general contractors strictly accountable for serious injuries from falls. Knowing about these specific protections is an important reason to consult a lawyer.
The power of Labor Law 240 (the Scaffold Law)
New York Labor Law 240, often called the “Scaffold Law,” is a critical protection for workers who suffer gravity-related injuries. This law applies when injuries result from falls from heights, such as from ladders, scaffolds, roofs, or hoists.
Unlike most injury cases, this law places absolute liability on the general contractor and property owner if they fail to provide appropriate safety devices, and the failure leads directly to an injury. This means the worker generally does not have to prove negligence in the traditional way, simplifying the case significantly.
General duty to protect health and safety (Labor Law § 200)
Another key statute, New York Labor Law § 200, requires owners and contractors to provide reasonable and adequate protection to the workers’ health and safety. This general duty statute covers all types of hazards, not just those related to height. It covers dangers such as tripping hazards, dangerous equipment, and unsafe working methods.
This law is often used when a worker is injured due to a condition that a site supervisor or owner either created or knew about but failed to fix.
Securing fair financial recovery
After a severe injury, the financial losses extend far past the initial medical bills. A serious construction accident may mean you cannot return to your prior job, or you may need costly lifelong care. A legal team works to accurately document every single loss you have experienced.
These financial damages may include:
- The full cost of current and future medical care, including surgeries, rehabilitation, and long-term therapy.
- Compensation for lost income and the projected loss of your future ability to earn a living.
- Payments for your physical pain and emotional distress caused by the accident and the resulting disability.
- The costs associated with necessary changes to your home or vehicle to accommodate a permanent injury.
The law does not allow you to recover financial awards automatically; you must actively pursue compensation. By compiling all necessary financial records, medical reports, and expert testimony, a lawyer may strengthen your claim for full and fair compensation.
Frequently Asked Questions About When to Hire a Construction Accident Lawyer
What is the deadline for filing a construction accident lawsuit in New York?
In New York, the general deadline, or statute of limitations, for filing most personal injury lawsuits is three years from the date the accident occurred. However, exceptions to this rule exist that could shorten your timeline to a few weeks, so speak with a lawyer as soon as possible to protect your right to file a claim.
What if I am partly to blame for the construction accident?
New York uses a rule called pure comparative negligence. This means that even if a court finds you were partly at fault for the accident, you may still pursue compensation. Your total financial recovery will be reduced by your percentage of fault, but the law does not prevent you from filing a claim, which is a key advantage for injured workers.
How much does a construction accident lawyer cost?
The New York City construction accident attorneys at Queller Fisher work on a contingency fee basis. This means you do not pay any legal fees or costs unless we successfully recover compensation for you through a settlement or a verdict. Our fee comes out of your final recovery, not out of your pocket.
Can I file a construction accident claim if I am an undocumented worker?
Yes. New York State law provides all workers, including undocumented workers, with the right to pursue a personal injury claim against negligent third parties. A person’s immigration status does not change the duty that property owners and contractors have to keep their work sites safe.
Do I have to sue my employer for my construction accident injury?
No, you generally do not sue your direct employer for a construction injury. Workers’ compensation benefits are typically your only option for recovery from your employer. However, if a third party, such as a contractor, property owner, or product manufacturer, caused your injury, a lawyer may help you pursue a separate personal injury lawsuit against them.
Seeking Legal Help After a Construction Accident in New York City
You may wonder how to even begin this process while recovering from a serious injury. Many attorneys, including those handling complex construction accident cases, work on a contingency fee basis. This means you do not pay any legal fees unless they successfully recover compensation for you. This arrangement allows you to pursue your claim without worrying about upfront costs.
Start with a Free Consultation
If you are anywhere in the New York City area, call Queller Fisher for a free consultation tday. We will listen to your experience and review the specific details of your accident and injury. This is your chance to ask questions and learn about your options for filing a construction accident lawsuit.
We use this time to assess the strengths of your claim and explain how state laws may apply to your situation. Bringing any existing medical records, accident reports, or insurance communications to this first meeting can be helpful, but they’re not strictly required. This consultation comes without obligation, and we do not pressure you to act.
Take Control of Your Future
You don't have to face the long, complicated recovery from a construction injury alone. When you hire an honest, respected firm focused on significant injury cases, you gain a dedicated partner ready to fight for your recovery.
The attorneys at Queller Fisher serve the entire New York City area, including Manhattan, Brooklyn, Queens, the Bronx, Westchester, Nassau, and Suffolk counties. We have a history of securing results for clients, having recovered over $1 billion in compensation.
We are available 24/7 to discuss your options. Take the first step toward stability and call us now.
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