Were you or a loved one hurt in a Brooklyn construction accident? Give us a call right away. Employers and construction site owners have to keep workers safe. If they don’t, you can ask for Workers’ Compensation benefits, or in some cases, file a lawsuit.

Our Brooklyn construction accident lawyers at Hecht, Kleeger & Damashek, P.C. are here to help. We have recovered millions of dollars in Workers’ Compensation claims and third-party liability lawsuits.

Give us a call at (212) 490-5700 or use our online form to request a free consultation.

How Common Are Construction Injuries in Brooklyn?

Construction in New York City is a dangerous job. The New York City Department of Buildings reported 484 construction accidents happened in 2020. That was less than in 2019, but that isn’t surprising given the COVID-19 pandemic. Construction work paused at certain times during the year.

There also were 502 injuries and eight fatalities throughout New York City in 2020. Brooklyn had 106 construction accidents, 107 injuries, and five fatalities in 2020.

Our Construction Accident Claim Process

New York has labor laws requiring employers, like general contractors and sub-contractors, to keep their workers safe. You should be able to go to work without fearing a catastrophic accident. But, if the worst happens and you’re injured on the job, you can turn to Workers’ Compensation insurance.

You may have a second option, too. If someone from outside your employer was at fault, you might have the right to file a third-party liability lawsuit. Talk with us about your options and how we can help you through this process.

Our Construction Accident Investigations

We pride ourselves on conducting in-depth investigations. We have years of experience under our belts, and we know what we’re looking for. We gather and review the evidence to find out what happened and why.

We can help you after:

If you want to know what happened and who’s responsible, give us a call at (212) 490-5700. Your initial consultation is 100% free.

Looking for Labor Law Violations

Many laws and regulations apply to the construction industry. But too many contractors and site owners ignore them. That’s why we look for any violations of OSHA regulations or New York labor laws during our investigation. We also look into the business’s history of violations.

Labor Law Section 200: General Duty to Protect

This law describes an employer’s general duty to protect their employees’ health and safety. Employers must provide “reasonable and adequate protection to the lives, health, and safety of all persons” they employ.

Labor Law Section 240: NYC Scaffolding Law

This law creates special protections for workers who suffer gravity-related accidents and injuries. These accidents include falls from scaffolding, ladders, falling objects, ledges, and floor openings.

Labor Law Section 241: Additional Employer Duties

This law provides more detailed regulations on how employers have to protect their employers’ health and safety on construction, demolition, and excavation sites, including providing specific construction equipment.

We Figure Out Who’s Liable

When you ask for Workers’ Compensation benefits, you don’t have to prove who was at fault for the accident. Fault doesn’t matter unless your employer believes your recklessness or intentional misconduct caused your injuries. You’ll receive benefits unless you’re to blame.

Fault does matter in third-party liability claims. If someone other than a coworker or your employer was responsible, you might have a right to sue them.

Parties who could be liable for your injuries include:

  • General contractors
  • Property owners
  • Independent contractors
  • Sub-contractors
  • Vendors
  • Engineers
  • Architects
  • Manufacturers
  • Distributors
  • Retailers
  • Motorists

Let our Brooklyn construction accident attorneys find out who is liable for your injuries. We may find you have a third-party liability claim and can demand more compensation.

Our Case Process Reduces Your Stress

You need help after a serious construction accident in Brooklyn. Your doctors help you physically recover from:

We can help you recover financially. We do the hard work to get you compensation so that you can focus on healing. Our goal is to reduce your stress throughout this process.

We will communicate with your employer and insurer to make sure your benefits are calculated correctly and paid on time. If you have a third-party claim, we’ll deal with filing court documents, appearing in court, and negotiating with the other side.

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Get the Most From Workers’ Compensation

Most New York employers have to carry Workers’ Compensation insurance for their employees. It’s required by law. But that doesn’t mean something won’t go wrong during your claim. Call us if you have any trouble receiving medical or lost earnings benefits.

Medical Benefits

Workers’ Compensation medical benefits cover all reasonable and necessary medical expenses. That typically includes:

  • Diagnostic tests and exams
  • Treatments and procedures
  • Prescriptions
  • Medical devices
  • Follow-up appointments
  • Rehabilitation

If you aren’t sure where to go for medical care, talk with your employer. If you need medical care the insurer doesn’t want to cover, call us. We’ll fight for you to get necessary treatments covered by Workers’ Compensation.

Lost Wage Benefits

If you’re off work for over 14 days because of your injuries, you can receive lost earnings benefits. This payment is based on your Average Weekly Wage and your degree of disability. It can be tricky to calculate. If you think your insurer or employer has calculated it wrong, or you want a second opinion, give us a call.

Lost wage benefits are calculated by multiplying 2/3 x AWW x Percentage of Disability.

Your AWW is based on your gross earnings, including overtime, for the previous 52 weeks before you were hurt. A lot of situations can impact this calculation. It’s easiest when you’ve worked full time for the same place for over a year. But if you haven’t been there 52 weeks or work an odd schedule, make sure your AWW is accurate.

Your degree of disability will look something like this:

  • Total (100%)
  • Marked (75%)
  • Moderate (50%)
  • Mild (25%)

If you’re not 100% disabled, it’s called partial disability. Your doctor or an independent medical examiner decides how disabled you are.

Filing a Third-Party Liability Lawsuit

A Third-Party Claim Isn’t Workers’ Compensation

It’s important not to confuse the two. Workers’ Compensation is an insurance policy that offers limited benefits. A third-party liability claim is a lawsuit. You can win compensation for your physical, emotional, and financial injuries if you can prove someone else was at fault for your injuries.

Types of Third-Party Claims

There’s a lot of variety in third-party claims. The lawsuit you file depends on the type of accident and who was at fault. We might recommend filing a personal injury, premises liability, or product liability lawsuit, and we’ll explain why. We’ll also explain what we need to prove to win.

Compensation in Third-Party Claims

Through a third-party liability lawsuit, you can demand compensation for:

We Accept Fatal Construction Accident Claims

Our Brooklyn construction accident lawyers have years of experience handling fatal injury claims. Whether you’re a surviving spouse, child, or parent, we’ll guide you through this process. We know this is an emotional time, and we’ll do everything we can to make it easier for you.

Workers’ Compensation Death Benefits

Eligible surviving spouses and children can receive two-thirds of the deceased workers’ AWW. Eligible children include minors, disabled adults, and children under 23 who are in college. If you paid burial and funeral expenses, you could receive up to $6,000.

Sometimes a worker doesn’t leave behind a spouse or children. In that case, another relative may be entitled to compensation if they depended on the worker financially.

Wrongful Death Lawsuits

We might discover that someone other than your relative’s employer is at fault. You may have the right to file a wrongful death claim against that person or business in that situation. We handle this process on your behalf, explaining your rights and options each step of the way.

Through a wrongful death lawsuit, you can demand compensation for:

  • Medical expenses
  • Funeral and burial expenses
  • Other expenses
  • Loss of future income and benefits
  • The decedent’s pain and suffering
  • Loss of love, society, and companionship

Our Brooklyn Construction Accident Lawyers Are Here to Help

When you’re hurt, the best thing to do is ask for help. Our construction accident attorneys at Hecht, Kleeger & Damashek, P.C. are ready to get started. We’ll find out what happened and who’s responsible. Then, we’ll explain your rights and options. Our priority will be to win you as much compensation as possible.

Call (212) 490-5700 or use the online form if you’re ready to get started. Your first appointment is 100% free.

CLIENT REVIEWS

Google Reviews

05/15/2019

“I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.”

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