Construction can be a very dangerous industry. And while there are strict labor laws and precautions employers and contractors must follow, devastating injuries and deaths still happen.
If you or a loved one were injured or killed in a Manhattan construction site accident, you should contact a Manhattan construction accident lawyer immediately. The attorneys with Hecht, Kleeger & Damashek, P.C., have decades of experience and have won hundreds of millions in compensation for their clients.
We offer free, no-risk case consultations. Schedule your consultation online or call 212-490-5700.
According to the U.S. Bureau of Labor Statistics, 13 construction workers died in 2020, accounting for 22% of all work-related fatalities in New York City. Construction had the highest number of deaths compared to other industries. Two of those fatal construction accidents occurred in Manhattan.
The BLS also reported about 5,900 occupational injuries or illnesses in the construction industry in 2021. Around 3,700 of those injuries resulted in days away from work.
Typical Manhattan construction site accidents include:
Defective tools
Electric shock and electrocution
Explosions and fires
Falling objects
Forklift accidents
Heavy equipment accidents
Ladder Accidents
Saw accidents
Scaffold accidents
Slip and falls
Transportation accidents
Trench collapse
Common Manhattan Construction Injuries
Injuries at construction sites are often severe, with life-long effects. Examples include:
New York labor laws require the owner and general contractor to make construction sites safe. When these laws are violated, and you’re injured, you deserve to be made financially whole. Typically this is accomplished through the workers’ comp system or a third-party injury claim.
Manhattan Construction Injury Claims
You should have Workers’ Compensation benefits to help if you’re injured. However, these aren’t always guaranteed. You may also be entitled to compensation outside of these benefits If a negligent party aside from your employer caused your accident and resulting injuries. This may require a third-party liability lawsuit.
A Manhattan construction accidents attorney can explain when and how a third-party liability claim may benefit you.
Evidence of Construction Site Negligence
You need to prove negligence in a third-party construction accident claim. In personal injury cases, negligence occurs when someone has a duty of care to keep people safe. When their actions or inaction hurt or kill someone, that is negligence. For example, you may have a case if an independent contractor recklessly puts up scaffolding at a job site and heavy debris falls on top of you while working.
Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. has an extensive background in local and state labor laws. We offer our knowledge and in-depth understanding of local and state labor regulations. We know what a safe job site looks like and when there have been violations from a site owner, general contractor, or subcontractor.
New York’s essential labor laws include the following:
Labor Law Section 200 — General Duty to Protect: Employers have a general duty to protect their employees’ health and safety. Businesses must provide “reasonable and adequate protection to the lives, health, and safety of all persons” in their employ
Labor Law Section 240— NYC Scaffolding Law: Workers suffering from gravity-related mishaps and injuries are specially protected. That includes victims of falls from scaffolding, ladders, falling objects, ledges, and floor openings
Labor Law Section 241 — Additional Employer Duties: Employers now have more detailed regulations concerning employees’ health and safety protections for construction, demolition, and excavation sites. This includes provided equipment
Who is Liable in a Construction Accident?
Although fault doesn’t impact workers’ compensation, you must identify the party to blame for your injuries for third-party claims.
Typically liable parties in construction accidents include:
General contractors
Property owners
Independent contractors
Sub-contractors
Vendors
Engineers
Architects
Manufacturers
Distributors
Retailers
Motorists
These parties might not be your employers, and it’s critical to your claim to identify liable parties correctly. Our Manhattan personal injury attorneys can help you as you pursue damages.
Workers’ Comp Benefits after a Construction Accident
Most New York employers must provide Workers’ Compensation insurance. That coverage provides medical and lost earnings benefits for workers injured on the job or diagnosed with a work-related medical condition.
Medical benefits can cover the following:
Diagnostic tests or exams
Treatments or procedures
Prescriptions
Follow-up appointments
Other reasonable and necessary medical expenses
Your coverage will determine where you receive care for your injuries. You should talk to a construction accident attorney or your employer to confirm what’s covered under workers’ compensation. People often don’t know how to maximize their rights, or a negligent third party may share responsibility for your job site injuries.
If you believe benefits are being withheld or denied or a third party is involved, talk to HKD. We’ll fight to get you the treatment you deserve after a construction accident.
Lost Wages after a Construction Accident
Under the workers’ comp system, you are entitled to lost earnings if you can’t work for more than 14 days. Generally, this means workers’ comp pays your average weekly wage and/or the assigned disability percentage from the insurer.
Your AWW is based on your gross earnings and overtime over the 52 weeks before you were injured. Factors impacting your weekly average include your schedule and length of time at your job.
Regarding disability benefits, a doctor or a medical examiner will determine how your injuries have impacted you. Your level of disability can range from mild (25%) to total (100%). Anything below 100% will count as a partial disability.
Your weekly wage benefits are two-thirds of your AWW times your disability percentage. The amount you accept will be capped by law.
Construction Injury Lawsuits & Workers’ Comp
While workers’ comp claims are insurance policies with limited benefits paid regardless of fault, you will not be able to recover for all the ways an injury negatively impacted your life.
Other related losses include the pain and suffering you experienced after a traumatic construction accident, diminished quality of life, and more. Recovering financial compensation for these injuries would require a third-party construction accident lawsuit.
Third-Party Construction Accident Claims
Third-party claims are common in personal injury cases after a construction accident, depending on the circumstances. If the construction site owner didn’t provide a safe environment, you could sue them for premises liability. If you were injured by defective equipment, you could pursue a manufacturer in a product liability suit.
Compensation Through a Third-Party Claim
If you believe your injuries resulted from an outside party’s negligence, you may file a claim or lawsuit. Remember, multiple third parties may be at fault in a construction accident, and it is important to ensure every liable party is accounted for so you secure maximum compensation for your:
At HKD, our Manhattan construction accident attorneys will use our deep knowledge of the construction industry, NY standards, and personal injury law to give you the best chance of recovering everything owed to you.
You could be eligible for death benefits if you’re a surviving spouse, minor child, disabled adult child, or a child under 23 attending college.
Workers’ Compensation coverage pays two-thirds of your loved one’s average weekly wages for the past year. That amount is divided among the eligible survivors. There are minimum and maximum amounts. You could also be reimbursed if you paid for the burial and funeral.
Wrongful Death Lawsuits in Manhattan, NY
You could pursue a wrongful death lawsuit if a third party caused your loved one’s death.
You can recover:
Funeral and burial expenses
Loss of consortium
Loss of future income and benefits
Medical expenses
Other expenses
The decedent’s pain and suffering
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Call Our Manhattan Construction Accident Lawyers for Help
Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. has recovered hundreds of millions for our clients, particularly in NYC construction accidents. We know not every case is the same, but we can help secure the financial relief you need and justice for what you went through.
Call 212-490-5700 or contact us through our online form to schedule your free, no-risk consultation with a Manhattan construction accident lawyer.
