Personal Injury Law Firm In NYC

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Construction And Labor Accidents
Queller, Fisher, Washor, Fuchs And Kool And The Law Office Of William A. Gallina, LLP

NEW YORK CONSTRUCTION ACCIDENT ATTORNEY

CONSTRUCTION & LABOR ACCIDENTS

Our New York construction accident attorneys understand the hardships that victims of construction accidents may face. Construction and labor incidents can result in debilitating injuries, such as amputations, severe head trauma and death. In addition to physical injury, victims of construction accidents may also be forced to deal with financial difficulties, such as lost wages and costly medical bills.

Individuals who have suffered any of the aforementioned hardships should seek the counsel of an experienced construction accident attorney. The lawyers at Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP are committed to securing proper compensation for the victims of construction and labor-related accidents.

What Are Some Common Construction Site Injuries?

Construction sites present many potential hazards to workers. As a result, serious injuries can occur if workers fail to act responsibly. Our firm represents workers who have suffered any type of negligence-related injury on the worksite, including but not limited to:

Do I Have Grounds For A Construction Accident Claim?

Injured workers should be aware that suffering an injury in a construction or labor-related accident does not necessarily present grounds for a lawsuit. In order to have grounds for a lawsuit, the victim must have suffered his or her injury due to the negligence of another individual or entity. The party who caused the injury must have directly caused the victim's injury by violating a duty of care (a legal responsibility to act cautiously in certain dangerous situations). Additionally, the victim must have suffered either economic or non-economic damages to have a valid claim.

Who Is Responsible For Ensuring Safe Conditions At A Construction Site?

Both the property owner and the general contractor are responsible for ensuring the safety of construction workers on the property. In some cases, the subcontractor is also responsible. The extent of each party’s responsibility will vary depending on the specifics of the case. New York law is very protective of construction workers.

Do I Need A New York Construction Accident Attorney To Handle My Claim?

Absolutely. Construction injury claims involve a variety of complex issues ranging from party liability to compliance with safety regulations, engineering and indemnity. Having an experienced attorney who understands the area of construction accident liability will help ensure that you receive the legal remedy to which you are entitled.

Construction Accident Attorneys

What Compensation Is Available To Construction Accident Victims?

When an individual suffers an injury in a construction accident, they may be able to recoup compensation for their injuries. Compensation is available for the following in construction accident lawsuits:

Lost Wages: Suffering an injury in a construction accident can cause individuals to miss time at work. In these instances, victims may be able to file a lawsuit to recover any compensation lost as a result of their injury. Victims may also be eligible to receive compensation for any loss of future earning potential caused by their injury.

Medical Bills: A severe injury can cause victims to face high medical bills that exceed insurance coverage. Individuals who have been injured in a construction accident may be able to file a lawsuit to recover compensation for any surgeries, medications, future doctor's visits or other medical expenses resulting from the injury.

Pain & Suffering: Victims of construction accidents may be able to file a lawsuit for any lasting pain and suffering incurred by their injury. Pain and suffering includes but is not limited to constant physical pain and loss of life's enjoyment.

Wrongful Death: When a construction accident causes injury resulting in death, the victim's family may have legal recourse. The family can file a wrongful death lawsuit to recover compensation for future lost wages, costly medical bills and pain and suffering.

Union members who have lost their pension or any benefits as a result of a construction accident injury may also be entitled to compensation.

If I’m Injured While Working On A Construction Site, Can I Get More Than Just Workers’ Compensation?

Typically, workers’ compensation laws prohibit you from suing your employer, but remember that other parties may be legally responsible for your injuries, including third-party contractors, property owners or equipment manufacturers. Workers’ compensation laws do not preclude your recovery from those parties.

Pertinent New York Construction Accident Laws

When filing a construction accident lawsuit, it is important that victims are aware of New York Labor Laws 240(1) and 241(6). The aforementioned laws dictate that the general contractors and property owners are responsible for maintaining a safe worksite and safe worksite practices.

New York Labor Law 240(1)

Commonly known as the "Scaffold Law," New York Labor Law 240(1) offers financial protection to construction workers who have suffered elevation-related injuries. The Labor Law places absolute liability – meaning that liability is imposed regardless of fault – on the property owner and general contractor when a worker suffers an injury due to a fall from elevation or is struck by a falling object. By placing absolute liability on general contractors and property owners, the Labor Law essentially provides construction workers compensation for damages for most elevation-related injuries.

While New York Labor Law 240(1) places absolute liability on general contractors and property owners, it does not guarantee an injured worker compensation for their damages. While absolute liability, in theory, automatically entitles a worker to compensation, it does not prevent property owners and construction companies from challenging the injured individual's claim. In many cases, property owners and general contractors will do whatever they can to avoid paying additional compensation to an injured worker – including denying that their injury was elevation-related. As a result, construction workers who have suffered elevation-related injuries should seek the counsel of a lawyer with experience handling lawsuits involving falls from heights at construction sites.

New York Labor Law 241(6)

Workers may be able to file a lawsuit under New York Labor Law 241(6) if they were injured while performing construction, excavation or demolition. Under the Labor Law, property owners and general contractors must adhere to all safety rules under Section 23 of the industrial code. To ensure worker safety in construction, demolition and excavation, the Labor Law places vicarious liability – meaning parties may be liable even when they didn't know a violation occurred – on general contractors and property owners for injuries that occur due to the violation of any specific safety rule found in Section 23 of the industrial code. For instance, if an injury occurs because a load of steel members were released from a hoisting rope before being fastened in place, the injured worker may have grounds for a lawsuit against the general contractor and/or property owner as this would be a violation of Section 23-2.3(a) of the industrial code. Property owners and general contractors could be liable in the aforementioned scenario even if they were not present when the violation occurred due to the law's vicarious liability provision.

Top Construction Accident Attorneys In New York

Our construction accident attorneys are recognized as leaders in New York construction accident trial law. 6 of our lawyers have achieved AV Preeminent status with Martindale-Hubbell representing the highest ranking for ethical standards and legal ability. 5 of our attorneys have been included in Super Lawyers® in the New York Metropolitan Area as published in the magazine section of The New York Times. Our firm is listed among the Best Lawyers® in the State of New York and is listed among the Best Law Firms in the New York Metro Area by US News & World Report.

Construction Accident Lawyers

Our Notable Verdicts & Settlements In Construction & Labor Accident Cases*

Our New York construction accident attorneys have recovered millions of dollars for our clients. Some of our more notable verdicts and settlements include:

$16.9 Million
A 36-year-old Westchester man who fell off a ladder was awarded $16.9 million.

$10.5 Million
A Queens worker was struck by a 20-foot pipe that fell in a trench. He was paralyzed, and during the trial, while the jury was deliberating, our construction accident attorneys were able to attain a $10.5 million settlement.

$5.5 Million
A superintendent fell down the elevator shaft at work as a result of negligent failure by the company who was renovating the elevator.

$5.25 Million
A construction worker who was injured at the job site.

$3.9 Million
A 42-year-old construction worker who was injured when he fell off of a slippery dump truck ladder and was impaled on vertical rebar left uncapped at a construction site.

$3.75 Million
An undocumented construction worker was working in the basket of a cherry picker on a bridge. Unbeknownst to the worker, the cherry picker's controls were defective. As a result, the arm of the machine inadvertently moved, resulting in the worker's shoulder being trapped between the basket and bridge. The accident caused the worker to suffer a severe brachial plexus injury.

$3.5 Million
A construction worker who was injured on-the-job.

$2.75 Million
A 37-year-old laborer who fell from a ladder while doing sheetrock work at a construction site. As a result of the fall, the claimant sustained multiple injuries requiring surgery, including arthroscopic shoulder surgery and a cervical fusion.

$2.7 Million
Construction material fell on a laborer's knee at a construction site. The laborer underwent multiple knee surgeries. The experienced construction accident attorneys at our firm obtained a $2.7 million settlement during trial just before closing arguments.

$2.7 Million
A 42-year-old construction worker who slipped on wet rebar at a Manhattan construction site. He sustained spinal injuries requiring multiple surgeries as a result.

$2.5 Million
A sheet metal worker sustained a crushed pelvis when the unsecured arm of a sign that was being hoisted became dislodged and struck him.

$2.49 Million
While working on the George Washington Bridge, a bridge painter fell 40 feet, suffering significant injuries. An expert attorney handled the case and the laborer obtained a $2.49 million jury verdict.

$1.95 Million
A worker who suffered multiple fractured bones in a fall. The Plaintiff had been working on the construction of new residential homes in the Bronx. While working on the second floor, he fell through a hole that had not been properly covered, resulting in his injury.

$1.75 Million
A worker who was injured by a falling brick. Due to the fact that the area the Plaintiff had been working in lacked proper cover, he suffered orthopedic and neurological injuries to his arm which required surgery.

$1.75 Million
A 44-year-old construction worker who fell on ice and ice-covered debris at a construction site. The fall resulted in injuries to his lower back and both knees which required surgical intervention.

$1.7 Million
A bridge painter who fell off a scissor-lift truck which moved unexpectedly. The injured worker sustained a complex, comminuted fracture to his elbow requiring emergency surgery, as well as a fractured pelvis.

$1.55 Million
A laborer lost vision in an eye due to not being provided with proper eye protection.

$750K
A 28-year-old experienced HVAC mechanic received a $750k settlement after a construction accident in which protective eyewear was not issued. His injuries resulted in blindness to one eye, surgery and loss of past and future wages.

$500K
A 71-year-old man in the Bronx was awarded $500k after falling off a ladder and suffering from a head injury and memory loss.

Construction And Labor Accident Lawyers

How Do I Schedule A Consultation With Your New York Construction Accident Attorneys?

If you or someone you love has suffered an injury due to a construction or labor accident, you may be entitled to compensation. For a free consultation with our New York construction accident attorneys, call our Manhattan office at 212.406.1700, our Bronx office at 718.892.0400 or contact us online. We will review your case and discuss your legal options with you. The attorneys at Queller, Fisher, Washor, Fuchs & Kool And The Law Office Of William A. Gallina, LLP take all cases on a contingency fee basis, meaning our services are free of charge unless there is a monetary recovery. Our law firm is proud to serve the New York City area, including the Bronx, Brooklyn, Manhattan, Queens and Staten Island, as well as the surrounding counties and New Jersey. We offer legal services in English, Spanish, Portuguese, French and Chinese.

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212.406.1700

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718.892.0400

NEW YORK CITY
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233 BROADWAY
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NEW YORK, NY 10279

212.406.1700

BRONX
lOCATION

1250 WATERS PLACE
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BRONX, NY 10461

718.892.0400

Queller, Fisher, et. al., LLP
Personal Injury Lawyers Serving NYC

*PRIOR RESULTS CANNOT AND DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME WITH RESPECT TO ANY FUTURE MATTER, INCLUDING YOURS, IN WHICH A LAWYER OR LAW FIRM MAY BE RETAINED. VERDICTS ARE SUBJECT TO REDUCTION AND MODIFICATION ON APPEAL.

*AV PREEMINENT AND BV DISTINGUISHED ARE CERTIFICATION MARKS OF REED ELSEVIER PROPERTIES INC., USED IN ACCORDANCE WITH THE MARTINDALE-HUBBELL CERTIFICATION PROCEDURES, STANDARDS AND POLICIES. MARTINDALE-HUBBELL IS THE FACILITATOR OF A PEER REVIEW RATING PROCESS. RATINGS REFLECT THE CONFIDENTIAL OPINIONS OF MEMBERS OF THE BAR AND THE JUDICIARY. MARTINDALE-HUBBELL RATINGS FALL INTO 2 CATEGORIES: LEGAL ABILITY AND GENERAL ETHICAL STANDARDS.