New York City Construction Accident Attorneys
Working on a construction site comes with many inherent risks and dangers, but that doesn’t mean you don’t deserve compensation if you were injured due to a negligent coworker or employer. If you sustained injuries that are specific to your job as a construction worker, contact the New York City construction accident lawyers of Hach & Rose, LLP.
There are regulations in place, meant to keep workers like you safe, but they’re often ignored or ineffective—as demonstrated by your injury. You don’t have to face such injustice! If you or a loved one has been injured on a construction site, you may be facing not only physical damages but also significant financial losses as a result. When such injuries were the fault of another party, however, you should not be left to face that burden alone. The attorneys at Hach & Rose, LLP understand the severity of these consequences and we are prepared to help you receive compensation for your losses.
Hach & Rose, LLP has been a trusted name in New York since the creation of the firm over 10 years ago. Michael Rose and Gregory Hach created the firm with the intention of providing personal attention to the people they’ve come to know as neighbors: you, the client, and your needs. Together, with the help of our associates, we have helped folks like you receive millions of dollars to compensate for injuries they have received on the job. Recently, Michael helped a client receive the largest jury verdict for a construction site accident in the state of New York.
We are dedicated to our clients, and to ensuring that you and your family are protected after a serious construction accident. We understand that you do not have money to spare during this difficult time, which is why we will not collect fees unless we win your case. We will even provide a free evaluation of your case, so you can understand your rights and how to proceed. You need an attorney to help you navigate this legal process, and we are ready to help. Contact us through online chat, email, or call (212) 779-0057 today.
- Why Hire a Construction Accident Lawyer From Hach & Rose, LLP?
- Steps to Take After a Construction Accident
- Handling a Construction Accident Investigation
- What Kind of Compensation Can I Receive?
- Most Common Types of Construction Accidents
- Common Injuries Suffered from Construction Accidents
- How Much Does A New York City Construction Accident Attorney Cost?
- Construction Liability Laws in New York City
- Construction Labor Laws in New York State
- Construction Accident Lawsuits in New York City
- Frequently Asked Questions (FAQs) About Construction Accidents
- Contact Hach & Rose, LLP
Why Hire a Construction Accident Lawyer From Hach & Rose, LLP?
The time it takes for you to recover from an accident is almost wholly dependent on taking it easy while you wait. This is impossible in the aftermath of an accident, provided you’re trying to handle everything on your own. The known stressors—medical bills, insurance claims, loss of wages—may only be the beginning of financial and legal strains, and it takes the trained eye of an attorney to catch the things you hadn’t even considered. The assistance of an attorney is meant to lift the burden of paperwork and financial loss from your shoulders, and those at Hach & Rose, LLP are here to help. We can ensure that you take the appropriate steps following your accident.
You don’t have to deal with pursuing the benefits or compensation that you deserve alone. The fact is, the most critical decision you’ll make following a construction accident is choosing an experienced attorney who has specific experience handling construction accident cases.
Many of these cases have resulted in seven-figure jury verdicts and settlements. Additionally, our attorneys have secured some of the top verdicts for construction accidents in the State of New York. We have lectured on construction accident practices, won numerous awards, and earned recognition as top-rated lawyers.
At Hach & Rose, LLP, we are proud of the reputation we’ve been able to build throughout the years. Attorneys on our team have been named New York Super Lawyers several years in a row and earned recognition from the Multi-Million Dollar Advocates Forum, one of the most prestigious groups of trial lawyers in the United States, in which fewer than one percent of U.S. lawyers are members.
Steps to Take After a Construction Accident
Job-related accidents are often traumatic. Construction sites contain hazards that put you at risk of injury every day. In the aftermath of a construction site accident, you may feel shock, pain, and stress, and you may not know what to do next. Don’t hesitate to seek help following your construction accident, and take the steps necessary to protect your health and future.
- Seek medical attention. If you’ve suffered a construction accident, one of the first things you should do is seek medical attention. Your health comes first, and your medical records will be vital to your case.
- Report your accident. Report the incident immediately to your employer and make sure they make a report, as this may be used in your case, as well. In order to apply for workers’ compensation benefits, it’s important that you notify your employer of the accident in writing within 30 days. Your employer must notify the Workers’ Compensation Board and their insurance company of your injury within 10 days of your written notice. You will have to mail Form C-3 directly to the New York State Workers’ Compensation Board or complete your application online.
- Obtain a physician’s letter. Your doctor should provide a letter that states your injury, how it happened, and why it prevents you from working. The insurance company will want proof of your diagnosis and inability to return to your job.
- Take pictures of the accident scene. Conditions on construction sites can change quickly after an accident for many reasons. For example, if you suffered injuries from a defective ladder, take a photo of it to use as evidence.
- Make note of witnesses. If anyone saw what happened, write down their names and phone numbers. They can serve as witnesses and provide statements to the insurance company to confirm your version of events.
- Maintain records. Keep any and all documents associated with your case. Keep copies of your medical records, insurance company letters, and anything else you can use as evidence of your injury and medical treatment.
- Contact a skilled New York City construction accident attorney.
Handling a Construction Accident Investigation
At Hach & Rose, LLP, we understand the roadblocks you might face when you’re seeking compensation. Whether you’re pursuing an injury claim or workers’ compensation benefits, you must navigate a complicated legal process that requires you to follow strict deadlines and comply with various state laws. You could handle your case alone; however, it would be in your best interest to hire an experienced New York City construction accident lawyer.
When you hire us, we will take on all of the legal legwork and develop an effective plan for recovering full compensation or benefit payments. We will investigate the accident to determine if your employer, coworker, or a third-party was negligent in causing your injury. We have the resources to obtain crucial evidence to use during an insurance claim or lawsuit, such as:
- Medical records and bills
- Prescriptions, travel expenses, and out of pocket costs
- Video surveillance of the incident
- Accident scene photos
- Eyewitness statements
- Workers’ compensation insurance policy and disclosures
- Job description
- Lost wage reports
- Paycheck stubs
After filing your injury claim, we will regularly communicate with the insurance company to ensure they don’t delay the claims process, and we’ll always be prepared to take your case to court, if we need to. You should not be financially responsible for your medical care and associated costs. We will advocate vigorously for your rights, so you receive the financial recovery you deserve.
What Kind of Compensation Can I Receive?
If a third party, such as an external contractor or machinery manufacturer, was responsible for your injury, we may be able to help you pursue multiple types of damages in a third-party injury claim. In this type of claim, you may be able to receive compensation for your medical expenses, long-term care, lost wages, pain and suffering, and more.
If you’re not eligible to pursue a third-party injury claim or lawsuit, you will still likely be eligible for workers’ compensation benefits from your employer.
In New York, most companies are required to carry workers’ compensation insurance to cover their employees in the event of an accident injury. If you were injured in an accident on a construction site, you may be eligible for different types of benefits, such as the following:
Medical benefits pay for the necessary and reasonable treatment of a job-related injury. You must see a doctor on the Workers’ Compensation Board Approved List to qualify for benefits. If you choose to see a doctor who isn’t on the list, you will have to pay out of pocket for the appointment.
Income benefits replace a portion of your lost wages when you’re unable to work or can work but earn less than you did before the accident happened. You must remain disabled for at least seven days to collect income benefit payments. Four types of income benefits are available depending on your degree of disability: total temporary, partial temporary, permanent total, and permanent partial.
Total temporary disability benefits – If your doctor places you at 100% disability, but temporarily, you would receive two-thirds of your average weekly wages before the accident occurred based on the Board’s maximum amounts.
Partial temporary disability benefits – If you can perform some of your job responsibilities, but at a limited capacity, you could collect two-thirds of the difference between your average weekly wages before and after the disabling injury.
Permanent total disability benefits – Maximum medical improvement (MMI) means that an injured person’s condition likely won’t improve with further treatment. If your doctor places you at MMI and determines you have a 100% disability, you could receive two-thirds of your average weekly wages. Benefits will last for as long as you have a permanent and total disability that prevents you from maintaining employment.
Permanent partial disability benefits – Three types of benefits are available depending on the injured body part:
- Scheduled loss of use award – If you lost the permanent use of your ears, eyes, or part of your limbs, you would be eligible for two-thirds of your average weekly wages. The duration of payments will depend on the body part you’re unable to use and the percentage of disability. For example, if you lost 25% of your arm’s functioning, you could collect benefits for up to 78 weeks.
- Nonscheduled awards – Benefits are available for injuries to the organs, spine, head, or body part that isn’t on the scheduled list. Payments are at two-thirds of the difference between your average weekly wages before and after the accident. The duration will depend on the percentage of lost earning capacity.
- Disfigurement – If your construction accident resulted in permanent and severe disfigurement to your neck, face, or head, you could pursue up to $20,000 in additional benefits.
Additional benefits under workers’ compensation insurance include:
- Vocational rehabilitation – Cost of a rehabilitation program or job placement if you can’t return to your previous job.
- Death benefits – Available for a surviving spouse, child, or dependent if the construction worker died from a work-related injury or illness.
Most Common Types of Construction Accidents
Unfortunately, careless behaviors and actions are common on many worksites, which can make them extremely dangerous and lead to serious accidents. Our firm understands that there are many different ways that a construction accident could occur, and you need to know your legal rights in the event of any type of accident. This is why we are prepared to assist our clients with many different types of construction accident cases, including (but not limited to):
- Construction defects – Defects that create an unsafe worksite, such as building materials, buildings, structures, and building code violations.
- Ladder accidents – A ladder that becomes damaged or isn’t correctly positioned could lead to a fall.
- Roof accidents – Severe injuries and fatalities can occur when a worker falls off an unstable roof, or an unsecured object falls on someone below.
- Falling hazards – Employees must secure all tools and other items they are using on ladders, scaffolding, and other equipment to ensure nothing gets knocked off and falls to the ground.
- Roof and ceiling collapse – Water leaks, improperly secured ceilings, issues with the structure, and slip and falls can lead to dangerous accidents when someone falls from a roof, or a ceiling collapses.
- Crane accidents – Cranes are large pieces of equipment that can cause a range of injuries to the operator, nearby workers, and innocent bystanders. Construction companies must perform maintenance, repairs, and inspections to ensure they don’t contain defects or malfunction.
- Scaffolding accidents – Scaffolding is critical on any construction site so workers can perform their jobs at great heights, such as when they’re working on tall buildings. Lack of guard rails, safety nets, and restraint systems could cause a person to fall and suffer severe injuries or death.
- Dangerous conditions – Employers must ensure the construction sites are safe for their employees and free of any hazards that could lead to injuries.
- Vehicle accidents – Workers sometimes need large vehicles to transport heavy materials. Inadequate vehicle maintenance, unstable property, and part defects are all common causes of injuries and fatalities.
While these are some of the most common accidents that occur on construction sites, many other dangers may have led to your accident. Even if these examples do not describe your situation, do not hesitate to contact our lawyers about your legal rights. We can help you understand the best steps to take through a free and confidential case evaluation.
Common Injuries Suffered from Construction Accidents
Construction work is a strenuous and physical job. Workers must reach, bend, climb, lift, and work in hazardous conditions. Various injuries could occur, ranging from minor to severe. The most common injuries associated with construction sites include:
- Neck and back injuries
- Broken or fractured bones
- Loss of hearing or vision
- Repetitive motion injury
- Traumatic brain injury
- Spinal cord injury
- Internal bleeding or organ failure
- Illness from toxic chemical exposure
Some injuries will heal with proper medical care. Others might require months of physical therapy and pain management in order to recover. Unfortunately, some construction workers become disabled, and the loss of functional capacity prevents them from performing their jobs. When that happens, it can create significant financial strain and the inability to earn a living.
Workers’ compensation benefits can supplement lost wages and help you pay for your medical treatment, household costs, and other daily expenses, while an injury claim or lawsuit could help you recover additional compensation.
How Much Does A New York City Construction Accident Attorney Cost?
Most injured construction workers who choose not to seek legal representation do so because of expensive attorney’s fees. They worry that they can’t afford it while also paying for their medical treatment and associated costs due to their injury. Unfortunately, handling a workers’ compensation claim or injury claim without the help of an experienced lawyer could prevent you from collecting the maximum benefits you deserve.
At Hach & Rose, LLP, we want to ensure our clients receive quality legal services without the need to pay upfront fees or costs. That’s why we work on a contingency-fee basis. That means you don’t have to pay us upfront to represent you in your case. We won’t collect any legal fees until we win your case. If we don’t win, you won’t have to pay.
# of construction injuries by borough - NYC 2020
Number of fatal work injuries, by industry sector, 2018
Construction Liability Laws in New York City
Construction accidents happen frequently. Cranes fall and injure passersby, scaffolding collapses, and workers fall while on the job site regularly. Construction is reported consistently as one of the most dangerous occupations, and the injuries that occur are reported frequently in the papers and on the news. Parties who are injured have a right to seek compensation under construction liability law in NYC.
Part of bringing a claim under construction laws in NYC is determining the appropriate party or parties to sue. Injuries can arise from many causes—including unsafe equipment, defective materials, unsafe working conditions, and dangerous work sites. Parties that may be the cause of the injuries include the following:
- The owner of the property
- The general contractor
- Product manufacturers, distributors, or sellers
Our skilled New York construction liability attorneys can study the evidence and determine what persons or entities may be liable for your injuries and damages.
Construction Labor Laws in New York State
There are three sections of New York state’s labor laws — section 200, 240, and 241 — that allow injured construction workers to seek damages in the event of a construction site accident. Violations of any of these laws can result in serious injuries, and violators can be held liable for those injuries.
N.Y. Labor Law 200
NY Labor Law 200 N.Y. Labor Law 200 requires employers to provide safe work conditions for construction workers. It requires that places, where it is applicable, “shall be so constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places. All machinery, equipment, and devices in such places shall be so placed, operated, guarded, and lighted as to provide reasonable and adequate protection to all such persons.”
N.Y. Labor Law 240
N.Y. Labor Law 240, also referred to as the Scaffolding Law, mandates that workers who have to perform job duties at a height receive adequate fall protection. This law exists to protect workers from gravity-related risks, such as working on unsafe scaffolding or ladders and to prevent falls. It also mandates that workers be protected from falling construction materials. All construction site injuries due to the effect of gravity could make property owners and general contractors responsible.
This law exists to protect workers from having to work on unsafe scaffolding or ladders and prevent falls. It also mandates that workers be protected from falling construction materials.
N.Y. Labor Law 241
N.Y. Labor Law 241 requires that general contractors, owners, and other contractors ensure that workers are protected from exposure to safety hazards that could result in an injury. It outlines specific safety requirements that must be met on construction sites, such as barriers around construction elevators, Operational Protective Equipment provisions, and protection from tripping and slipping hazards. With this law, workers are given broad protections in “all areas in which construction, excavation, or demolition work is being performed….”
Each of these sections are vital to keeping construction sites safe, and violations of any of them can result in serious injuries. However, when these requirements are not met, violators can be held liable for any injuries that may occur as a result.
Construction Accident Lawsuits in New York City
Typically, New York laws prevent construction workers from suing their employer if they get hurt in an accident. If you pursue benefits from a workers’ compensation claim, you’re basically waiving your rights to a lawsuit. However, you might be entitled to compensation if they violated a labor law, or if you suffered a grave construction injury.
If a third party’s negligence contributed to your injuries, you might be able to file a lawsuit against them. These parties include the following:
- Property owner
- Equipment and tool manufacturers
- Motor vehicle drivers
- Contracts and subcontractors
- Employees of third parties
- Maintenance and repair companies
You must follow the New York civil statute of limitations if you want to sue one of the parties listed above. You have three years from the accident date to sue. It is a strict deadline, and if it passes, you could lose your right to financial compensation. Unlike workers’ compensation claims, civil lawsuits compensate for a range of damages, including non-economic losses like pain and suffering.
The various damages available in a lawsuit include:
- Medical bills
- Rehabilitation costs
- Long-term care
- Lost wages
- Lost earning capacity
- Out of pocket expenses
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Permanent disability or disfigurement
- Loss of consortium
You might also be entitled to monetary damages if you lost your loved one in a construction accident. You must prove the following to file a wrongful death lawsuit:
- A death;
- Caused by another person’s wrongful conduct;
- Resulting in legal action by the deceased if they survived;
- Losses suffered by at least one person; and
- Recoverable damages by the estate.
Only the personal representative of the deceased’s estate is allowed to file suit. That person can seek damages incurred by the estate and any beneficiaries, heirs, or devisees. If the court provides a financial award, the representative must hold the compensation in trust for surviving family members.
There’s also a two-year statute of limitations you must comply with if you want to hold your loved one’s employer or another party liable for their death.
Frequently Asked Questions (FAQs) About Construction Accidents
Getting hurt at work can impact every part of your life. If you can’t perform your job duties, you’re unable to earn a living. Below are some of the most common questions people ask when they’re pursuing a construction accident case. Knowing the answers to these questions before you file a claim or lawsuit could ensure you are prepared for the uphill battle ahead.
Construction workers aren’t the only people who can sue for injuries sustained at a construction site. If you were simply in the vicinity when you got hurt, you could file a lawsuit against the at-fault party. For example, you could file suit against the construction company if they failed to secure a crane that fell onto your home.
Your monetary damages could be reduced relative to your degree of fault. Pure comparative negligence is a factor juries will consider when determining an accident victim’s compensation. Let’s say you incurred $50,000 in damages. Under normal circumstances, you could pursue the full $50,000 in compensation. However, if a jury places 20% of the blame on you, the maximum financial award you could win would be $40,000.
Just because the workers’ compensation insurance company denies your claim does not mean you are out of options. You can file an appeal by requesting a hearing with the Workers’ Compensation Board within 30 days of the denial letter. Our New York City construction accident attorneys have the experience, knowledge, and resources to handle appeals. It would be beneficial for you to retain our services, so you don’t have to deal with this complicated process alone.
Yes. You do not give up your rights to a third party lawsuit just because you’re collecting benefits through a workers’ compensation claim. Since payments might not cover all your losses, you can file suit to compensate for your remaining damages.
No. If you sustain injuries in a construction accident and want to pursue benefits from an insurance claim or compensation from a third-party lawsuit, you can handle it on your own. However, we recommend you seek legal representation due to the complex nature of cases like this. There are various laws, statutes, and deadlines you might not understand. Any error you make could result in a denied claim or dismissed case by the court.
Contact Hach & Rose, LLP
Our New York City construction accident lawyers have over 100 years of combined experience handling insurance claims and litigating cases in court. We’ve been able to recover more than $400 million for our clients since opening our firm. Our stellar reputation has earned us an AV preeminent® peer review rating from Martindale Hubbell and recognition from legal organizations, such as the Million Dollar Advocates Forum and Super Lawyers.
When you hire Hach & Rose, LLP, you will receive one-on-one attention, dependable service, and open communication. We believe injured construction workers should have an opportunity to hold negligent parties accountable for their actions. We will advocate for your rights and remain by your side in the fight for the maximum benefits you deserve.
Schedule your free consultation with one of our New York City construction accident attorneys by calling (212) 779-0057 today. Let us help you get on the road to recovery and move forward with your life.