In New York’s metropolitan and suburban area, safety requirements must be followed to ensure adequate protection for all construction workers. If you’ve been hurt in a construction accident in Jericho, a personal injury lawyer from Friedman & Simon, L.L.P., will help you preserve your right to pursue compensation for your injuries and damages.
Our Jericho construction accident lawyers know that mishaps may occur in many different settings and that improperly maintained construction sites pose great hazards for construction workers. Neglect of workplace safety can lead to catastrophes. Our personal injury team handles all types of construction accident cases, so allow us to review your case for free and see how we can help you.
In This Article
- Our Team Will Review New York’s Construction Labor Laws to Build Your Case
- Construction Accident Cases Must Abide By Their Filing Deadlines
- Know the Difference Between Third-Party and Workers’ Compensation Claims
- Friedman & Simon, L.L.P., Can Help You With Your Construction Accident Case
Our Team Will Review New York’s Construction Labor Laws to Build Your Case
New York’s Scaffold Law (Labor Law §240) protects construction workers who work on ladders and scaffolds and are at risk from elevation-related activities. Labor Law § 240 places responsibility for safety on parties in control of ensuring that workers receive proper protection while performing elevation-related activities.
The law applies to several kinds of construction work besides scaffolding, such as:
- Building erection
- Repairing and altering
- Pointing of a building or structure
Labor Laws Protect Construction Workers
In the highly competitive construction industry, contracts often go to the lowest bidder. New York’s labor laws are designed to ensure that workers are given adequate protection against injury. They protect workers in that they force construction companies to avoid cost-cutting measures that compromise worksite safety.
This protection is important not only to skilled and experienced workers but also to low-wage undocumented workers, who might lack formal training and have to work with language barriers preventing them from getting proper instruction.
At Friedman & Simon, L.L.P., we are often asked to help workers who were injured as a result of their employers violating New York’s labor laws. Our construction accident lawyers serving Jericho, NY, handle many types of construction-related cases. We have successfully represented injured workers and helped them reconstruct their lives.
For a free legal consultation with a construction accidents lawyer serving Jericho, call 516-932-0400
Construction Accident Cases Must Abide By Their Filing Deadlines
If you or a loved one has suffered an injury while performing construction work, we want to help you. If you have lost a loved one as a result of a construction accident, we extend our heartfelt condolences. In either event, if you intend to file a personal injury lawsuit to recover for all the harm caused by a construction accident, you may be limited in the amount of time you have to do so.
All civil action lawsuits in New York are controlled by their relevant statute of limitations and other applicable time restrictions. Depending on whether you are filing a personal injury or wrongful death lawsuit, your case’s filing deadline can generally be found in:
- New York Civil Practice Laws & Rules (CVP) §214 for personal injury lawsuits if you are filing as the plaintiff
- Estates, Powers & Trusts (EPT) §5-4.1 for wrongful death lawsuits if you are filing on behalf of your loved one
Our attorneys want to make sure that your rights are protected before it is too late, so one of the first things we will confirm is whether your case is within its statutory filing period. We will then take appropriate steps to file your case on time, as failure to do so can result in your case being dismissed.
Jericho Construction Accident Lawyer Near Me 516-932-0400
Know the Difference Between Third-Party and Workers’ Compensation Claims
If you were injured while working on a construction site, you may be able to pursue compensation through a third-party or workers’ compensation claim. Depending on the nature of your injuries, you may also qualify to apply for disability benefits from Social Security.
Third-Party Claims allow Workers to Sue Non-Employer Parties
First, some definitions:
- The injured worker is the first party.
- The injured worker’s employer is the second party.
- Any other potentially liable person or company is a third party.
Third-party claims allow injured persons to file for compensation from parties that are not their employers (second parties) or fellow employees. Our attorneys at Friedman & Simon, L.L.P., will help you prosecute your case against a third party who contributed to the cause of your accident. In construction accident cases, third parties may include:
- Mechanical equipment manufacturers
- Maintenance companies for equipment used on construction sites
- A municipality that governs the conditions where the accident took place and was negligent in some manner that contributed to the cause of the accident
- An individual unrelated to the construction company, such as a separate vehicle driver
Through a third-party claim, you may be able to recover compensation for various damages that are not offered through workers’ compensation or disability benefits. These damages may include:
- Medical expenses
- Pain and suffering
- Property damage
- Diminished quality of life
- Permanent disability or disfigurement
- Current and future loss of income
- Reduced earning potential
- Emotional distress
Other compensable damages not listed here may apply toward your case, which our team will inform you of in a future consultation if so.
Workers’ Compensation Helps Protect Employees and Employers
Workers employed and injured in New York are entitled to workers’ compensation benefits. The New York State Workers Compensation Board offers, as its mission statement, the following, “The New York State Workers’ Compensation Board protects the rights of employees and employers by ensuring the proper delivery of benefits to those who are injured or ill, and by promoting compliance with the law.”
Employers can purchase workers’ compensation insurance to protect themselves from being sued by employees for work-related accidents. Employees, then, can file a claim to receive workers’ compensation benefits, which helps cover:
- A portion of their average weekly wages for a set period of time
- Medical expenses
Our attorneys can work with your workers’ compensation attorney if you decide to work with one and exchange information that might be relevant to your case.
When You Might File a Third-Party and Workers’ Compensation Claim
To understand the difference and complementary effects of third-party claims and workers’ compensation benefits, here is an example:
- An electrician on a construction site trips and falls on debris left behind by carpenters on the job site.
If the electrician is hurt badly enough that he is forced to miss work, they may have to file a workers’ compensation claim for medical expenses and lost wages.
Beyond their workers’ compensation claim, they may be eligible to file a third-party claim against:
- The carpenter
- The carpenter’s employer if applicable
- The general contractor
- The property owner
- Any other parties found liable for the accident upon investigation
We Will Help You Determine What Your Litigation Options Are
A variety of circumstances might entitle you to file both a workers’ compensation claim and third-party claim. The Jericho construction accident lawyers at Friedman & Simon, L.L.P., focus on helping those who have suffered workplace injuries pursue compensation through third-party claims.
We work closely with workers’ compensation attorneys to help reach a fair outcome for our injured clients. We have been honored many times over the years to have had cases referred to our office by attorneys who limit their practice to workers’ compensation law and Social Security Disability law.
Another related but separate area of claims for injured workers includes disability benefits. In addition to filing a claim for workers’ compensation and pursuing a claim against a third party, an injured worker may be entitled to private disability insurance (if available) and/or government-funded disability, known as Social Security Disability (SSD) benefits.
Friedman & Simon, L.L.P., Can Help You With Your Construction Accident Case
If you or a loved one was injured on a construction site, you may have legal options to pursue compensation from an at-fault or liable third party. Our legal team can investigate your case and help you determine who may be held accountable for your injuries and damages.
Our construction accident lawyers serving Jericho can provide comprehensive counsel to you. When it comes to matters of law on personal injury, and more specifically, construction accidents and other job injury cases, we will always welcome your telephone call, email, and online chat consultation.
You can contact us online or feel free to call us today to speak with one of our team members.