The construction industry in New York is booming, particularly in New York City and the surrounding boroughs. While the construction of new buildings and renovations of aging structures are good for the economy, they come with several concerns.
Builders who are in a hurry and want to maximize profits are likely to take shortcuts that put your and other construction workers’ health and safety at risk. These shortcuts have already led to many construction site accidents, work injuries, and fatal accidents throughout New York City.
At Hecht, Kleeger & Damashek, P.C., our team of New York City construction accident attorneys are led by our knowledgeable and highly experienced founding partners. Our team is experienced in a vast variety of NYC-based construction injury lawsuits and holds experience in reaching settlements outside of court and taking cases to trial – with over $500 million awarded to personal injury victims.
In fact, 3 of our own personal injury attorneys serve on the Board of Directors for the New York State Trial Lawyers Association, so even if your case goes to trial you can feel confident in our ability to resolve it. Construction accident attorney Judd Kleeger is also a member of the Workers’ Injury Law & Advocacy Group. Our construction injury attorneys know how difficult and dangerous the job of a construction worker is, and we are here to listen, investigate what led to your injuries or loved one’s death, and advise you of your legal options.
There are no up-front fees, and you owe nothing until we win compensation for you. Contact us online or call 212-490-5700 to schedule a free, no-risk case evaluation at our construction accident law office located in the center of New York City. Our law firm also assists workers injured in construction accidents in Brooklyn, the Bronx, and Queens.
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New York City Construction employers are responsible for providing workers with safe work sites. When an employer or another party, such as a property owner, fails to reasonably maintain the premises and puts you in danger, then they may be liable for your injuries.
Common construction accidents in New York City include:
In some circumstances, workers can manage to avoid being hurt in a New York City construction accident. However, unfortunately in many situations, serious injuries are unavoidable. When these construction injuries lead to your loved one’s death, we recommend calling our construction accident attorneys as soon as possible. Our New York City construction accident attorneys are here to help your family recover workers’ compensation death benefits, and when possible, pursue compensation through a wrongful death lawsuit.
Unfortunately, our construction accident lawyers are too familiar with the “Fatal Four” types of accidents that cause nearly 60% of all construction site fatalities. These include falls, being struck by an object, electrocution, and being caught-in/between objects.
Whatever the type and extent of your injuries from a New York City construction accident, Hecht, Kleeger & Damashek, P.C. is here to help. Our construction accident lawyers will identify your legal rights and pursue the maximum compensation possible. Some of the most common injuries construction workers suffer from include:
When our NYC construction accident lawyers investigate your construction accident, we will determine whether another party violated one or more New York labor laws. Our attorneys understand these laws provide essential protections for construction workers in New York City.
Some of the most notable labor laws applicable to New York City construction workers are:
New York Labor Law 200:
Dictates an employer’s duty to protect employees’ health and safety. Businesses are required to provide “reasonable and adequate protection to the lives, health, and safety of all persons” they employ.
New York Labor Law 240:
Known as the “Scaffold Law,” Labor Law 240 outlines special protections for workers who may be hurt in gravity-related incidents. This includes workers who are injured in falls or by falling objects.
New York Labor Law 241:
A more specific regulation regarding an employer’s responsibilities toward employees on construction, demolition, and excavation sites, including the specific equipment employers must provide.
OSHA’s General Duty Clause: The General Duty Clause of the federal OSHA requires that employers provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm. Employers can be cited by OSHA for violating the General Duty Clause if there is a recognized hazard and they do not take reasonable steps to prevent or abate the hazard.
If you are injured while working on a construction site in New York City, you are likely covered by workers’ compensation insurance. New York requires more employers to provide their employees with this type of insurance coverage.
Through a workers’ compensation claim, you may obtain:
Workers’ comp covers the reasonable and necessary medical expenses related to your construction injury or occupational disease.
If you are out of work for more than seven days recovering from your injury or condition, then you may pursue cash benefits. You can receive two-thirds of your average weekly wages multiplied by your percentage of disability. Cash benefits also are available for certain surviving family members if a construction worker is killed.
If your parent, spouse, or child was killed in a construction accident, workers’ compensation will pay funeral expenses up to a certain amount.
Workers’ compensation claims typically do not address fault. If you are injured while on the job or develop an occupational disease, then workers’ compensation insurance covers your medical care and some lost wages. However, that does mean you should ignore who is at-fault for the construction accident and your injuries.
After a construction site accident in New York City, you should contact a construction injury lawyer to investigate what went wrong and who is responsible. It is essential to determine if someone employed by your employer is accountable or whether someone from outside your employer—a third party—is at fault.
Your injuries may be the result of a coworkers’ negligence. However, it also could be fully or partly the fault of a third party, such as:
If one of these individuals or businesses is responsible for your injuries, a New York construction accident lawyer may recommend you file a lawsuit against that party to pursue additional compensation for your physical, psychological, and financial damages.
A third-party claim differs from workers’ compensation. A third-party claim is a lawsuit against someone other than your employer. Workers’ comp is an insurance claim through your employer’s insurance provider.
If someone from outside of your employer is partly or fully at fault for the construction accident and your injuries, a construction accident lawyer in NYC can represent you in a claim for compensation for your:
The possibility of a third-party claim is one of the many reasons it is essential to talk with a qualified injury lawyer following a construction accident in New York City. Your injuries or the loss of a relative can be devastating, and workers’ compensation benefits hardly make up for your injuries. If someone else is responsible for the construction accident, a construction injury lawyer will help you hold that person or business accountable in court and fight for you to receive fair compensation for all of your injuries or loss.
Yes, you can have a third party claim if you also make a workers’ comp claim. If you were injured on the job, you can make a workers’ comp claim regardless of who is at fault. However, if someone other than a coworker or your employer is to blame, you may also sue someone else, such as an equipment manufacturer or the seller of a dangerous product.
In New York, you have two years to file a claim with the Workers’ Compensation Board and three years to file a civil lawsuit, or third-party lawsuit.
According to the New York City Health Department Bureau of Vital Statistics, some of the most common causes of construction accident deaths include falls from scaffolds, ladders, and roofs as well as being struck, crushed, or caught between objects or equipment.
If you were injured or lost a close relative in a New York City construction accident, you will have questions on how to get what you need to move on with your life. Our New York City construction accident lawyers at Hecht, Kleeger & Damashek, P.C. will answer all of these questions and others.
We have decades of experience and have recovered millions of dollars for construction accident victims in situations a lot like yours. We want you to be fully aware of your rights and legal options after any severe or fatal construction accident.
“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.”