Brooklyn Construction Accident
Our attorneys are recognized as leaders in Brooklyn Construction Accident trial law. Six of our attorneys have achieved AV Preeminent status with Martindale-Hubbell representing the highest ranking for ethical standards and legal ability. Five of our attorneys have been featured as Super Lawyers in the New York Metropolitan Area as published in the Magazine Section of the New York Times. Our firm is ranked among the Best Lawyers in the State of New York and is ranked among the Best Law Firms in the New York Metro area by US News & World Report.Hiring the Best Brooklyn Construction Accident Law Firm
The construction business is an essential cog in New York City's development Unfortunately, however, due to the nature of construction work injuries to workers are fairly common. These construction accidents can range from minor to debilitating to fatal. Individuals who have been the victims of construction accidents may face a number of difficulties including physical limitations, debilitating injuries, emotional trauma and financial losses. As a result, construction workers who have suffered an on-site injury may have grounds to file a lawsuit to recoup compensation for any damages they may have suffered. At Queller, Fisher, Washor, Fuchs & Kool our Brooklyn construction accident lawyers understand the hardships forced upon victims of construction accidents. To try and help ease some of the pain and financial loss caused by a construction accident, our attorneys will pursue maximum compensation for your losses.
Have you recently suffered an injury in a construction accident? If so, you may have grounds to file a personal injury lawsuit. For a free consultation to discuss your legal options, give us a call at 212.406.1700 or contact us online. We'd love to hear from you.Common Causes of Construction Site Injuries Leading to Lawsuits
Construction sites are potentially hazardous environments for the workers If the proper precautions are not taken. If the precautions are not taken, the possibility of an injury increases greatly. Some examples of injuries that our firm has dealt with in the past are:
- Slip-and-Fall Accidents
- Electrical Accidents
- Forklift Injuries
- Ladder Falls
- Crane Accidents
- Demolition and Renovation
- Falls from Heights
- Welding Accidents
- Bricklaying and masonry
It is importantt to point out that sustaining an injury does not constitute grounds for a lawsuit. In order to have a valid injured worker lawsuit, the construction worker must be able to show that negligence cause their injury. Negligence occurs when one party violates a duty of care. A duty of care is defined as the legal obligation an individual has to proceed with caution and care when carrying out a potentially harmful action. The violation of this duty of care, and the negligence to be exact, must then have directly caused the accident in question. Lastly, as a result of this negligence, the individual must have sustained either economic or noneconomic damages.New York State Construction Accident Law
According to New York Labor Laws 241(1) and 241(6) general contractors and property owners are responsible for maintaining a safe and secure work environment and practices.
According to New York Labor Law 240(1) the liability falls on the general contractor and owner in the case that a worker suffers an elevation related injury. This pertains to any injuries sustained by workers on the construction site due to an elevated fall or from an object falling from elevation. Furthermore, Labor Law 240(1) places absolute liability on the property owner and general contractor in such cases. "Absolute liability" means that the injured worker is automatically entitled to compensation.
According to Labor Law 241 (6) owners and contractors have the duty to provide a safe and secure environment during the demolition or construction of a building as well as during excavation work. Vicarious liability is placed upon a general contractor or property owner in the case that any safety rule under Section 23 of the Industrial Code is violated. Thus, owners and contractors might be liable for any injuries resulting from a violation of Section 23 of the Industrial Code irrespective of whether or not they were directly responsible for the violation.Compensation Available to Construction Accident Victims
In the case that an individual has sustained economic or noneconomic injuries, he or she might be eligible to receive compensation in the amount of the damages sustained. For construction accident lawsuits, compensation is available for the following cases:
- Medical Expenses: Individuals who have been victims of construction accidents may be forced to undergo constant doctor’s visits or numerous surgeries, the cost of which can exceed their insurance coverage. Thus, individuals may receive compensation for any medical bills, future doctor’s visits, medication and surgical costs resulting from the injuries sustained in their accident.
- Lost Wages: As a result of the injuries sustained, a construction worker can be forced out of the work force for an extended period of time. Thus, they might be eligible to receive compensation for any lost income and any impact the injury may have had on their future earning potential. Additionally, union members who have lost their pensions or benefits due to a construction injury may also be eligible to receive compensation.
- Pain and Suffering: As a result of constant physical pain and the loss of life’s enjoyment individuals may be able to bring forth a claim against the responsible party and receive compensation for the economic value of the pain and suffering caused by the injury.
- Wrongful Death: In the case that the worker's injuries prove to be fatal, their family has the option to file a lawsuit on their behalf and receive compensation for future lost wages, costly medical bills, pain and suffering, and funeral costs.
According to New York Labor Law Section 240 the contractor or owner must compensate a worker that has been injured due to an elevation related fall. Unfortunately, falling from scaffoldings is a common source of sustaining injuries at construction sites. Accidents can occur in the case that a scaffolding is improperly assembled, causing it to collapse or the worker to fall. Additionally, the failure to use proper protection against falling such as lanyards, lifelines and safety also might cause these accidents. Accidents can also occur if a falling object is to injure a worker on the scaffolding , even in this particular case, Section 240 of the New York Labor Law attributes liability to owners and contractors.Common Injuries Sustained from Scaffolding Accidents
The height factor associated with scaffolding accidents makes falls mush more likely to be fatal. Common examples of injuries resulting from scaffolding accidents that our firm has tried include:
- Brain injury
- Neck injury
- Back injury
- Spinal cord injury
- Leg injury
- Knee injury
- Arm injury
- Elbow injury
If you or a loved one have been injured in a construction accident, the attorneys at Queller, Fisher, Washor, Fuchs & Kool will do everything in our ability to secure a favorable verdict for you. Our law firm has over fifty years of experience litigating construction accident cases. Due to the complex nature of construction accident lawsuits, it is imperative that you retain a highly skilled attorney. The attorneys at Queller, Fisher, Washor, Fuchs & Kool have a successful track record of winning third-party construction accident lawsuits. For instance, we recovered $7.01 million in damages following a wrongful death lawsuit resulting from a construction accident. We will seek compensation for medical costs, lost income and pain and suffering.
For a free consultation to review your legal options, call our New York law office today at 212.406.1700 or contact us online.