If businesses handling construction in Queens ignore labor laws or fail to take proper precautions, the results can be devastating.
If you were injured or lost a relative in a Queens construction site accident, we recommend talking with a Queens construction accident lawyer right away. Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. has years of experience winning compensation in these claims.
We offer free initial case consultations. Reach out online or call 212-490-5700 to set up a no-risk appointment.
Construction is a dangerous job in NYC. In 2019, 24 construction workers were killed, according to the U.S. Bureau of Labor Statistics. New York City had more work-related deaths in construction than any other industry.
The New York City Department of Buildings reported 502 construction-related injuries and eight deaths as of 2020. Sixty-one of those injuries and one death happened in Queens.
If you were hurt or lost a relative in a fatal construction accident, please don’t wait to hire a Queen construction accident lawyer. Ask for help right away. Your first meeting with us is free, and there are no obligations.
What is the Process for Construction Accident Claims in Queens, New York?
Queens, NY labor laws make the owner and general contractor responsible for providing a safe construction site.
If you’re injured on the job, you’ll have Workers’ Compensation benefits. But you might have other options, too. You might have the right to file a third-party liability lawsuit and pursue additional compensation.
Talk with our Queens, New York construction accident attorneys about the difference between a Workers’ Compensation claim and a third-party liability lawsuit. We’ll explain New York law and how it applies to your situation.
We Gather Evidence for Queens Construction Site Accidents
We’ve tackled cases involving all types of construction accidents in Queens—we know what we’re doing. We’ll immediately investigate and gather evidence. We’ll find out what happened, including if someone violated an OSHA regulation.
We need to know what happened and identify who’s at fault and liable. This step is essential to find out if you can file a third-party liability lawsuit.
What Kind of Accidents Happen at Construction Sites in Queens?
Common Queens construction site accidents include:
Forklift accidents
Transportation accidents
Scaffold accidents
Ladder accidents
Slip and falls
Falling objects
Heavy equipment accidents
Defective tools
Saw accidents
Explosions and fires
Electric shock and electrocution
Trench collapse
We Look for Labor Law Violations in Queens
A benefit of hiring our construction accident attorneys is our in-depth knowledge of New York labor laws and OSHA health and safety regulations. We know what a safe construction site looks like. We also know how to find evidence of labor law violations by a site owner, general contractor, or sub-contractor.
Important labor laws in New York include:
Labor Law Section 200: General Duty to Protect: This law creates an employers’ 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” they employ.
Labor Law Section 240: NYC Scaffolding Law: This law creates special protections for workers who suffer gravity-related mishaps and injuries, such as falls from scaffolding, ladders, falling objects, ledges, and floor openings.
Labor Law Section 241: Additional Employer Duties: This law provides more detailed regulations on what employers must do to protect their employers’ health and safety on construction, demolition, and excavation sites, including the specific equipment employers, provide.
We Identify the Liable Party
Fault doesn’t matter for Workers’ Compensation. No matter who is to blame, you can usually receive benefits. There are some exceptions. Your employer may fight your claim if there’s evidence your recklessness or intentional misconduct caused your injury.
Identifying who is at fault is vital in figuring out whether you have a third-party liability claim.
Parties who might be liable for your injuries:
General contractors
Property owners
Independent contractors
Sub-contractors
Vendors
Engineers
Architects
Manufacturers
Distributors
Retailers
Motorists
Many parties other than your employer might be involved in the accident. When one of these parties is wholly or partly at fault for your injuries, then our Queens construction accident attorneys can guide you in pursuing compensation.
Let Us Reduce Your Stress While You Recover From Construction Injuries
Construction accidents often cause severe or catastrophic injuries, such as:
Deep lacerations and disfigurement
Soft tissue injuries
Multiple bone fractures
Dislocations
Concussions and traumatic brain injuries
Neck and back injuries
Shoulder injuries
Herniated discs
Spinal cord injuries
Partial or complete paralysis
Nerve damage
Knee injuries
Crush injuries
Amputation
Severe burns
Sensory loss
Raynaud’s Syndrome (White Finger Disease)
You’re going through a lot right now – visiting doctors, managing pain, hoping for a full recovery. You have enough on your plate without dealing with insurers or worrying about filing a lawsuit.
By working with our Queens construction accident lawyers, you have someone to do the leg work for you. We gather evidence, talk with the insurer, and fight for you to receive maximum compensation.
Our priority is limiting your stress so you can heal.
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How To Benefit From Workers’ Compensation After a Construction Accident in Queens
Most New York employers have to provide Workers’ Compensation insurance for their employees. This coverage provides medical and lost earnings benefits if you’re injured on the job or diagnosed with a work-related medical condition.
What Are My Medical Benefits?
Medical benefits cover your:
Diagnostic tests and exams
Treatments and procedures
Prescriptions
Follow-up appointments
Other reasonable and necessary medical expenses
Where you can receive care for your injuries depends on your Workers’ Compensation insurance coverage. If you’re not sure what medical expenses are covered or what doctor to go to, talk with your employer and a lawyer.
If you’re having trouble getting medical care approved, call us immediately. We’ll fight for you to get the treatment you need.
How To Calculate Lost Wages in Queens
If you can’t work for over 14 days, you might be entitled to lost earnings payments. Calculating these earnings can be complex, which is why we recommend hiring a lawyer. We carefully review the calculations for your average weekly wage and how the insurer determined your percentage of disability.
Your AWW is based on your gross earnings, including overtime, in the previous 52 weeks before you were hurt. Various situations can impact this calculation, like if you’re new to this job or worked an odd schedule. Let us help you calculate your AWW. That way, you can be confident it’s right.
The amount you receive depends on your level of disability, such as:
Total (100%)
Marked (75%)
Moderate (50%)
Mild (25%)
Anything less than 100% is called partial disability. Your doctor or an independent medical examiner determines this degree of disability.
Your weekly wage benefit is 2/3 X AWW X Percentage of Disability. The amount can’t be over the maximum weekly benefit allowed by law.
Should You File a Third-Party Lawsuit in Queens?
A third-party liability lawsuit is different from a Workers’ Compensation claim. Workers’ Compensation is an insurance policy that offers limited benefits. A third-party liability claim is a lawsuit, which can provide compensation for your physical, emotional, and financial injuries.
What is a Third-Party Claim?
A third-party liability claim may be a personal injury, premises liability, or product liability lawsuit. It depends on the circumstances. If the site owner failed to provide a safe environment, you might sue them under New York premises liability law. If you were injured because of defective construction equipment, you’d sue the manufacturer through a product liability lawsuit.
Compensation from a Third-Party Claim in Queens
We will fight for you to receive the maximum compensation possible for your:
Medical expenses
Lost wages and benefits
Physical pain and suffering
Emotional distress
Mental anguish
Permanent disfigurement
Disability
Reduced quality of life
Reduced earning potential
Loss of consortium
Did You Lose a Loved One in a Fatal Construction Accident?
If your spouse, parent, or child was killed in a construction accident, you might have a right to compensation. We can guide you through the process of demanding compensation through a Workers’ Compensation claim or third-party lawsuit.
Queens Workers’ Compensation Death Benefits
Talk with us right away about whether you’re eligible. You may be entitled to compensation if you’re a surviving spouse, minor child, disabled adult child, or a child under 23 in college.
Workers’ Compensation usually pays two-thirds of your loved one’s AWW for the past year and divides the amount among the eligible survivors. Minimum and maximum amounts apply. If you paid for the burial and funeral, you might receive reimbursement up to $6,000.
Wrongful Death Lawsuits in Queens, NY
If a third party is responsible for your relative’s death, we’ll represent you in a New York wrongful death claim.
We will fight for you to receive full and fair 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
★★★★★5
Jonathan is incredible in the results, I recommend to all construction workers, incredible results.
Call Our Queens Construction Accident Lawyers for Help
Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. has recovered millions of dollars in construction accident injury and fatality claims. We understand that no two construction accidents in Queens are the same.
That’s why we’ll never push a one-size-fits-all solution on your case. We’ll work closely with you to develop a custom strategy to fight for maximum compensation.
