The construction industry in New York is booming, particularly in New York City. 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 short cuts that put your and other workers’ health and safety at risk. These short cuts have already led to many construction accidents, injuries, and fatalities throughout New York City.
At Hecht, Kleeger & Damashek, P.C., our team of construction accident attorneys are led by our knowledgeable and highly experienced founding partners. Our team is experienced in all kinds of construction accident lawsuits, and have experience in reaching settlements outside of court and taking cases to trial. In fact, 3 of our 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. Attorney Judd Kleeger is also a member of the Workers’ Injury Law & Advocacy Group. Our 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 law office in Midtown Manhattan. Our law firm also assists workers injured in construction accidents in Brooklyn, Bronx, and Queens.
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Unfortunately, we 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. At Hecht, Kleeger & Damashek, P.C., our construction accident lawyers represent individuals and families in claims related to:
Dangerous Job Sites
Construction employers in New York City 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. If the party at fault for the construction hazards is not your employer, you may have the right to pursue compensation through a third-party liability claim.
Scaffolding and Ladder Accidents
Construction workers often have to work at heights, including on ladders, scaffolding, ledges, and upper floors of buildings, especially in NYC. We are here to represent you if you are injured in a fall from a height, a scaffold or ladder collapse or another type of scaffold or ladder accident.
Fires, Explosions, and Burns
Construction projects often require the use of hazardous and flammable materials, which pose inherent risks. If these materials are not handled, stored, and transported properly, there is a risk of explosions and fires, which can cause severe and disfiguring burns.
Construction workers face a significant risk of harm when working with and around heavy equipment and vehicles. Our construction injury lawyers have represented many workers in New York City who were injured in accidents with forklifts and other motor vehicles, including being struck or trapped by these vehicles.
Cranes are often essential equipment in construction projects in New York City. However, when a crane is not properly installed, maintained, and operated, the risk of a catastrophic accident is significant. A crane malfunction, failure, or collapse can lead to significant injuries and fatalities.
One of the most common types of construction accidents is a worker being struck by a falling object. Our NYC construction accident attorneys routinely represent workers who were struck by falling equipment, debris, and materials.
Tools and machines are essential to construction work. All of these pieces of equipment need to be well-made and well-maintained, and workers must be properly trained in how to use each piece of equipment safely. A defective piece of machinery or a poorly trained worker can lead to serious machinery accidents. If you were injured or lost a love done in a dangerous machinery incident, call a New York City construction accident lawyer right away.
Electrocution and Electrical Shock
Construction employees often have to work with power tools and equipment and around live electricity. This requires proper training, supervision, and adherence to safety regulations and procedures. If any of the factors are not met, workers could be injured in an electric shock incident or killed by electrocution.
Defective and Unsafe Equipment
Workers require many types of safety equipment, from gloves and eyewear to fall arrest systems. All of this safety equipment needs to be routinely inspected and well-maintained to ensure it protects the wearer. If you are provided with faulty safety equipment and suffer an injury, you should speak with a NYC construction accident lawyer right away.
Fatal Construction Accidents
In some circumstances, workers can manage to avoid being hurt in a construction accident. However, in many situations, injuries are unavoidable. When these construction injuries lead to your loved one’s death, we recommend calling Hecht, Kleeger & Damashek, P.C. as soon as possible. Our lawyers are here to help your family recover workers’ compensation death benefits, and when possible, pursue compensation through a wrongful death lawsuit.
Whatever the type and extent of your injuries from a construction accident, Hecht, Kleeger & Damashek, P.C. is here to help. We will identify your legal rights and pursue the maximum compensation possible. Some of the most common injuries construction workers suffer from include:
In New York State, including New York City, there were 313 fatal occupational injuries. Sixty-nine of those fatalities were in the construction industry throughout the state. Throughout the state, and in New York City specifically, construction is one of the deadliest industries.
New York City construction accidents were responsible for most workplace fatalities in the city. Twenty New York City construction workers were killed on the job in 2017. Seven workers died on residential building sites and three on commercial projects.
Fatalities are not the only concern, however. Construction injuries in New York City are on the rise. The New York Department of Buildings reported 761 construction workers were injured while working in 2018. This was a 13 percent rise from construction worker injuries in 2017.
If you were one of the many people impacted by a construction accident, contact a New York City construction accident attorney as soon as possible. By hiring a knowledgeable and experienced attorney, you have access to accurate information regarding your right to pursue a workers’ compensation insurance claim and, in some circumstances, a third-party liability lawsuit.
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When we investigate the construction accident that led to your injuries or your loved one’s passing, we will determine whether another party violated one or more New York labor laws, which provide additional health and safety protections for workers. Our attorneys understand that these laws provide essential protections for construction workers in New York City, which is why our very own attorney, Jordan Hecht, is a member of the New York State Bar Association Labor Law Committee. 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,” it 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.
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 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.
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 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.
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 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 incident, a 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.
Construction workers are exposed every day to hazardous conditions, heights and heavy machinery and equipment. Workplace accidents are an unfortunate yet common occurrence on construction sites. The U.S. Bureau of Labor Statistics says there are more fatal work injuries in the construction industry than in any other U.S. industry. Of 5,147 worker fatalities in 2017, nearly 47% was due to a construction accident.
Surviving family members of a construction worker who has been killed while working on a construction site in NYC may be eligible to receive workers’ compensation survivor benefits from your loved one’s employer. The total amount available, regardless of the number of survivors, is equal to two-thirds of the deceased worker’s average weekly wage for the year before the accident. Funeral expenses may also be paid, up to $6,000 in Metropolitan New York counties, and up to $5,000 in other counties in New York State.
In some cases, a family may receive workers’ compensation benefits and also may seek compensation through a third-party wrongful death claim. There are times when the sheer disregard for the safety of a responsible party in a construction accident cannot go ignored. Your family may be entitled to bring a wrongful death case against a company other than the worker’s employer that was responsible for the accident.
If your spouse, parent, or child was lost in a deadly construction site incident, call us right away to discuss your rights, options, and the possibility of filing a wrongful death lawsuit. Our construction accident attorneys are committed to helping you recover the compensation you deserve.
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 construction accident in New York City, you will have questions. You may wonder what benefits you are entitled to. You may wonder if you can file a lawsuit and receive compensation. But, you are likely most concerned with getting what you need and deserve to heal and move on with your life. A New York City construction accident lawyer from 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.”