In a bustling city like New York there’s always some type of construction going on; new buildings are frequently being erected and old buildings are constantly being modified. Unfortunately, the results of so many regular construction projects are not limited to only the updates that they contribute to our city. In addition, such construction projects are also the source of many injurious accidents to both the workers who report to these construction zones and the innocent passersby of the areas.
If you were injured on the site of a construction project in New York, then you should act immediately to get in contact with a New York City personal injury lawyer from our law office. The sooner you involve a legal professional in the matter, the better chance your case stands at success. We are skilled construction accident attorneys with decades of combined experience among us, and we are prepared to put our skills and experience to work for you. Call the office today to learn more!
The number of questions that run through the minds of victims who’ve been injured or otherwise harmed on a construction site are almost too many to count. To help you find answers to some of these questions and alleviate some of your concerns, we have provided a list of answers to some of the questions that we are most frequently asked. Some of these questions pertain to generalities that can be applied to many types of construction accident cases, while others are more specific and individualized. Read on to learn more.
When you work with Hecht Kleeger & Damashek, P.C., your New York City construction accident case won’t cost you anything upfront. Our contingency-based practice asks for no initial payments or legal expenses of any sort. Instead, we represent you throughout the duration of your case for no money at all. Only once we have successfully obtained a favorable verdict or settlement in your case will you be asked to pay for the legal services that were provided to you. Put another way, if we don’t win for you, then you owe us nothing!
No. While it is always a good practice to check the safety measures that are enforced at your place of work, it is not actually the responsibility of the construction worker to take these precautions. Rather, this responsibility rests with the owner of the property and / or the general contractor who is affiliated with the project. Depending on the circumstances involved, a sub-contractor might also be held responsible for ensuring the safety of a construction worksite in New York City. To find out who should ultimately be held liable for the inadequate safety of your workplace, speak to a construction accident lawyer from our firm.
If you were injured on the job, and an investigation has since revealed that your employer failed to follow the safety guidelines set forth by the Occupational Safety and Health Administration (OSHA), then you might be able to use the report as evidence in your injury case. If it can be proven that the regulation violations of your employer led to your injury, your claim will hold much more sway in court.
Whether or not you have a case will depend on a number of different factors related to your circumstance, all of which should be discussed with a construction accident attorney from our firm. Together, we can review the details concerning the way in which you were injured in order to determine the best way to move forward with the case from a legal perspective. In many cases, the injured party can recover damages from the construction company in this type of incident.
The construction company has a duty to take all reasonable steps necessary to keep public sidewalks and other nearby areas of the construction site free from the risk of flying debris. Failure to take these precautions could mean a liability lawsuit for the company in the event that injury occurs. The same is true of cases in which an injury is sustained as a result of the construction company’s failure to place adequate warnings sings about the construction in and around the area.
Who should be sued in the event of a construction site injury will depend in large part upon the circumstances under which the injury occurred. If the property owner held a large amount of authority of the work that was performed onsite, or if the property owner had a high degree of control over the property while it was under construction, then it might be appropriate to hold the owner accountable for an injury that was sustained on the property. To verify whether or not you should take legal action against the owner of the property on which your construction injury was sustained, contact Hecht Kleeger & Damashek, P.C.
In most cases, yes. Keep in mind, however, that receiving workers’ compensation for an injury that was sustained while on the job of a construction project could hinder your ability to seek any other form of financial recovery from your employer. In the event that your injury was caused by a third-party other than your employer, financial recovery beyond workers’ compensation can still be sought, often with little resistance. For example, if you were injured on the job through the fault of a third-party contractor, or a piece of defective equipment, then you would not seek workers’ compensation for the injury, but rather you would seek financial retribution through a lawsuit.
Almost all cases that involve work injuries that are sustained on the job can be covered by workers’ compensation. The system under which workers’ compensation operates was specifically designed to ensure that an injured worker could receive benefits for his or her injury despite the way in which the injury occurred. Therefore, an accident that was caused by an employee would qualify the injured party for workers’ compensation in the same way as would an accident that was caused by an employer. Exceptions to receiving workers’ compensation for an on-the-injury include employees who are injured due to their intoxication from drugs or alcohol while on the job.
Call Hecht Kleeger & Damashek today to discuss your options. We can help you determine the approximate value of your claim and guide you step-by-step toward a fair settlement or verdict. We are members of the Multi-Million Dollar Advocates Forum®, the American Association for Justice, and the New York State Trial Lawyers Association. With our seasoned representation on your side, you can have confidence in obtaining the best possible results. Contact us today! We hope to hear from you soon to discuss your legal options.