If you suffered injuries in a construction accident on Long Island, in New York City, or in a nearby area of New York State, Friedman & Simon, L.L.P. wants to hear from you. We will evaluate your case at no cost to you, determining your options for seeking financial recovery based on the facts of your injury accident.
Let a construction accident lawyer from our firm represent you in your case and advocate for your right to compensation for your damages. We represent those injured in the five boroughs or Nassau County or Suffolk County and we will do our best to make meeting with you, anywhere on Long Island or in the nearby area, as convenient for you as possible.
You can reach Friedman & Simon, L.L.P. today at (516) 932-0400 for your free case review. Our complimentary consultations involve discussing your accident, what happened to cause it, your injuries, and your prognosis with a member of our team. We will explain your rights and the options you have for securing compensation, possibly including a third-party claim against the landowner or general contractor.
If we believe you qualify to pursue a third-party case, we will represent you based on a contingency fee. You will not need to pay us a retainer to get started. We get paid out of the compensation we recover for you, only if and when we do actually win a money recovery for you..
What Makes Construction Sites Dangerous?
Construction sites are inherently dangerous. Whether the work includes building, renovation, or demolition, there are hazards that people will likely encounter on a construction site. These include elevated heights, tools and machinery, and possibly unfinished or unstable structures.
Jobs on construction sites often require specialized training, and many different types of workers may work side-by-side. They are dependent on one another to remain safe and to warn about hazards that may not be obvious to others.
For example, an electrician will need to ensure there are no shock hazards that could cause a problem for a carpenter working nearby. Meanwhile, the carpenter will need to ensure the electrician is aware that the safety railing on the stairs is not yet secured.
The property owner and general contractor has a responsibility to ensure the safety of everyone on the site. When communication fails or precautions are not taken, they could be responsible for any injuries that occur. While there are many hazardous conditions on a construction site, falls are a frequently encountered hazard..
According to the Centers for Disease Control and Prevention (CDC), more construction workers die from falls than any other work-related cause. Falls cause a third of all worker deaths in the industry, leading to 320 deaths during 2018. In fact, the construction industry leads all industries in workplace falls, with more than half of all workplace fall injuries occurring in construction.
Construction accident injuries are often serious. Falls, being struck by a falling item, forklift accidents, and other incidents can cause serious lacerations and contusions, broken bones, traumatic brain injuries, spinal cord injuries, internal injuries, and death.
How Is Safety Regulated on Construction Sites?
Federal, state, and local codes and laws regulate the construction industry. These codes not only ensure that structures are sound for occupation once completed, but they also help to protect workers during construction or other work on the site. This includes standards from the Occupational Safety & Health Administration (OSHA), which call for proper training, personal protection equipment, and more. These federal standards seek to prevent the most common construction site accidents. OSHA provides training, oversight, and handles compliance.
In addition, New York State has additional statutes to protect some workers who perform construction industry work on ladders and scaffolding. Known as the Scaffold Law, New York Labor Law § 240 requires landowners and general contractors to ensure all workers have access to:
- The safest choice of ladder or scaffold for their work
- Proper fall protection equipment, such as harnesses and safety lines
- Proper training to use their tools and equipment
Under these regulations, the employer, general contractor, and property owner all have a responsibility to each worker to ensure they have the necessary equipment, know how to use it, and can safely perform their job despite its inherent dangers.
If you suffered an injury while working on a New York City construction site, you should qualify for workers’ compensation benefits. You could also qualify to hold the property owner and/or the general contractor overseeing the project responsible. This is especially true if you suffered injuries when you fell from an elevated height while working on a site in New York State.
How Can a Construction Accident Lawyer Help Me?
Construction accidents are different from other premises liability cases because the injured victim was often working when their accident occurred. This brings workers’ compensation into play, which can provide some coverage for medical treatment and lost income. However, many workers still need to seek additional compensation to cover other losses related to their injuries. This is where our team will help.
When we represent an injured construction worker in a third-party case, a construction accident lawyer from Friedman & Simon, L.L.P. will:
- Keep our client updated on their case
- Identify the liable party or parties
- Communicate about their case with all involved parties
- Gather evidence to support legal action
- Determine a fair value for the case, either in a settlement or from a court award
Our team works to protect our client’s rights, including developing a strong case focused on their best interests. This includes seeking financial recovery that allows them to stop worrying about having to return to work before their injuries heal or how they will pay their bills if they cannot return to work. A third-party claim also seeks damages related to their physical pain and emotional suffering caused by their workplace accident and injuries—losses not covered at all by workers’ compensation.
To prove cases for our clients, we have built a network of experts who help us understand, document, and prove each client’s injuries and damages. These experts include doctors and other medical care providers, vocational rehabilitation specialists, life care planners, and economists.
We provide the financial and legal resources necessary to develop a strong argument for compensation for each of our clients. If we work together, you will not need to pay a retainer or other upfront fee. We will investigate your accident and file your claim based on contingency fees.
Should I File a Lawsuit or Just Apply for Workers’ Compensation Benefits for My Construction Accident Injuries?
For relatively minor injuries that do not require too much time away from work, workers’ compensation could be enough for you. It should pay for your medical care costs related to your on-the-job injuries, including ambulance transportation, emergency department treatment, hospitalization, therapies, and more. It can also cover a portion of your lost wages if you are out of work because of your injuries or treatment.
In some cases, you will not have an option except to rely on workers’ compensation to cover your losses. New York State’s Scaffold Law does not cover all types of construction site accidents, and there may not be a viable premises liability case depending on what caused your injuries.
However, for construction workers who suffered serious injuries, filing a third-party case can benefit them when it is legally possible. These civil actions allow injured workers to seek compensation not available from workers’ compensation, including additional lost income, out-of-pocket expenses related to the accident, and non-economic damages.
Non-economic damages are sometimes worth several times the value of the financial expenses related to an injury accident, depending on several factors. Non-economic damages include the intangible losses you experienced that do not traditionally have a monetary value, such as your stress and frustration, physical pain, and diminished quality of life.
To find out if you will benefit from filing a lawsuit based on the facts of your accident case, reach out to our team for a case evaluation. These consultations are free, and there is no obligation to partner with us regardless of the outcome of the evaluation. You can reach Friedman & Simon, L.L.P. now by calling (516) 932-0400.
What Is the Average Settlement for a Construction Accident Lawsuit?
The settlement a construction worker receives through a third-party claim depends on unique factors specific to their case. As a result, it is difficult to calculate an accurate “average” for these settlements. While mathematically, an “average,” settlement might be subject to calculation, the differences between every case make such a figure meaning less. Two construction workers struck by the same falling object and injured on a construction site can have dramatically different claims. The average of their two cases has serves no purpose in helping either with their own case. The payouts injured workers recover can range from a few thousand dollars to $1 million or more. Some of the factors that contribute to the value of a settlement include:
- What happened to cause the accident
- The severity of injuries and the necessary treatment
- The worker’s prognosis
- The impact of the accident on the worker’s quality of life
- The worker’s income and loss of future income
- The strength of the case
When Friedman & Simon, L.L.P. represents an injured worker in a third-party liability case, we focus on securing the best possiblesettlement, that will fully compensate our injured client for all the harm he or she has suffered. . We calculate what an appropriate settlement would look like based on the expenses and losses our client sustained. . As called for by the specific circumstances of your case, we also work with experts to understand and explain the physical pain, mental suffering, and long-term implications related to the accident and injuries.
We use this information to seek compensation beyond our client’s financial damages. This can significantly increase the payout in many cases and is another factor that makes it difficult to put any sort of meaningful or even useful average on these settlements.
The only way to get an accurate understanding of your settlement’s potential value is to allow an attorney to represent you and investigate your case. As a part of investigating a construction accident, the team at Friedman & Simon, L.L.P. collects evidence to prove our client’s expenses, losses, and intangible damages. Only once we have this proof do we put a possible compensation range on the claim.
We then use this range to negotiate for a settlement agreement with the liable parties and their insurance companies. . If they refuse to make an appropriate settement offer, we can be ready to present the evidence at trial after filing a construction accident lawsuit, just as we have done for other injured clients of ours.
Can I Sue My Employer for My Construction Accident Injuries?
Under most circumstances, New York State law does not allow employees to file suit against their employers for injuries suffered on the job. This means you cannot hold your employer responsible for your construction accident injuries outside of the workers’ compensation system. However, it might be possible to file a lawsuit against another responsible party, depending on the facts of your accident case. These are known as third-party claims.
There are special laws in place in New York State that offer added protection for some workers in construction and construction-related industries. For example, the Scaffold Law allows workers who were hurt while working at a height to hold the landowner/property owner, as well as the general contractorresponsible. This is likely applicable to your case if:
- You were working in construction or a related role.
- You were working at an elevated height.
- Your injuries occurred because of a fall, being struck by a dropped item, or in another similar incident.
Our team reviews client cases to determine if they qualify to file a claim or suit against the property owner, general contractor, or another responsible party.
Our construction accident lawyers from Friedman & Simon, L.L.P. represent a range of qualifying workers in these cases, including carpenters, sub-contractors, demolition workers, painters, maintenance workers, window washers, and other workers on construction sites. Call (516) 932-0400 to learn more.
Can I Sue if I Was Just a Visitor or Passerby?
If you were passing by a construction site or visiting the site and suffered injuries, you will likely be able to file a lawsuit. Our team will work to identify the potentially liable parties, investigate your accident and injuries, and assign liability based on the facts of what happened. New York State premises liability and negligence laws require landowners, contractors, and others to take reasonable action to reduce the hazards to those who are on or near a construction site.
Imagine a pedestrian walking on the sidewalk outside of a construction site when a crane inside the ste dropped items that struck that person. . The liable parties might include the sub-contractor operating the crane, the general contractor overseeing the site, and the property owner who is ultimately tasked with preventing accidents on their property.
If we represented the victim in this case, we would gather evidence to understand what happened and identify the party or parties responsible. We would then present our evidence to their legal teams or insurance companies and demand an appropriate payout, sufficient to cover all your losses.
Victims of premises liability accidents or those who suffered injuries due to other types of negligence often secure a financial recovery in out-of-court settlement negotiations. It is sometimes possible for us to get a payout for our clients in these types of cases without needing to go to trial.
Who Can I Sue in a Construction Accident Lawsuit?
Subject to limited exceptions, New York law does not allow workers to sue their employers in the event of a workplace accident. However, this does not mean that workers’ compensation is the only option for recovering compensation for the damages you suffered. Other parties may be liable for your injuries, which could allow you to initiate a third-party lawsuit against them for additional financial support.
Who you can sue will depend on the parties involved in the construction project. In some cases, multiple parties may have been responsible for your safety. For example, suppose an engineer working on the project was somehow negligent in their duties and caused your accident. In that case, they and their employer could both be liable for the damages you suffered.
Likewise, other subcontractors and vendors working on the site must adhere to safe practices to protect other workers and those visiting or passing by. New York Labor Law § 200 broadly requires worksites to be equipped, arranged, and operated in a way that protects lawfully present individuals.
New York’s Scaffold Law states that contractors, owners, and agents who direct or control the work on a construction site using scaffolding and similar equipment are liable if they fail to provide their workers with adequate protection. Subsections of New York Labor Law § 241 extends similar protections to employees installing elevators, stairs, or glass doors.
It can be difficult to identify all the parties who may be liable in your construction accident case. When you hire us, the team from Friedman & Simon, L.L.P. will examine the circumstances of the incident and your injuries to identify these individuals or entities.
What Are the Most Common Types of Construction Accident Injuries?
According to OSHA, many of its most frequently cited standards and top violations apply to the construction industry. This includes violations related to:
- Fall protection
- Lockout-tagout of electricity
- Powered industrial trucks
- Fall protection training
Falls are among the most common injuries in many industries, but for those working on construction sites, falling from an elevated height may be as frequently encountered a risk as tripping and falling or slipping and falling. This includes scaffolding falls, ladder falls, falls by painters, falls by window washers or falls by various construction trade workers, from ironworkers and electricians to plumbers and carpenters and others, as well as other similar fall incidents. Many of these scenarios are preventable with the right training and the proper use of personal protective equipment, including harnesses and safety wires.
Other types of injuries occur when workers are hit by falling objects, such as debris or garbage thrown from above or objects dropped from a higher floor. For example, imagine a roofer discards garbage, which falls several stories, striking a landscaper working below. Sometimes, dangerous objects can simply be dropped with devastating consequences. A worker using a tool can lose his or her grip and a person working below may pay an awful price for that drop.
Other common accidents that occur on construction sites involve carpentry and power tools, as well as heavy machinery. Forklift accidents are of special concern, including those that pin the worker between the machine and another object, those that involve lost loads, and those that involve the forklift turning over. Demolition and trenching both have their own risks that include unexpected collapses and other concerns.
Friedman & Simon, L.L.P. will be able to go to work on your case right away once we decide to work together. If you are still undergoing treatment, our team will reach out to medical experts and others to help us develop the in-depth level of understanding of your current and future medical needs, your likely recovery timeline, and other considerations that could impact your case, so we can build and present the strongest possible case for you.
Call Friedman & Simon, L.L.P. today at (516) 932-0400. We will meet with you at the hospital or your home if your injuries prevent you from coming to us.
What Damages Can I Collect for a Construction Accident Case?
The damages potentially recoverable in your construction accident case will depend on your expenses, losses, and other damages. Your financial recovery should complement your workers’ compensation coverage and provide additional coverage above that available through workers’ compensation in New York State.
Workers’ compensation coverage generally includes the treatment of your injuries, follow-up care costs, and a portion of your lost wages. The compensation for your damages above and beyond this is only available through a third-party claim. Your construction accident case financial recovery could include:
The cost of medical care generally makes up most of the out-of-pocket expenses following a construction accident. Still, many injured workers have other expenses they pay out of pocket. For example, imagine you need to pay for parking at the doctor’s office or take a cab to an appointment if you cannot drive. Save your receipts because these are possibly recoverable damages. While in the big picture these are lesser costs, they do add up, they are a hardship for a person who is already being challenged financially by the accident-injuries and it is only right that you be compensated for such items. The more serious and more substantial expenses are discussed below.
One of the most important parts of workers’ compensation is the lost income benefits. Workers need to know they can pay their bills while they are out of work. However, because these benefits only provide a portion of the worker’s previous income, there is often financial stress and pressure to return to work before their doctor releases them. A third-party case can help workers secure additional compensation for their lost wages and benefits, reducing this stress and frustration.
Non-economic damages are a category not covered by workers’ compensation at all. They are only available through a third-party claim. Non-economic damages focus on the pain and suffering the worker endured, but other types of intangible losses are available in some cases.
Wrongful Death Damages
If you tragically lost a loved one in a construction accident, please accept our heartfelt condolences.
It is our privilege to extend our services if you are facing this situation. We believe it is a special privilege to represent the surviving family members of construction accident wrongful death victims. We are dedicated to winning the compensation you need and the justice your departed loved one deserves.
When a construction worker dies from their injuries, their family should be able to recover some of their related expenses through workers’ compensation insurance. This will include some funeral and burial expenses. Additional expenses, including intangible damages, are available through a third-party construction accident case based on the worker’s wrongful death. We fight to win every dollar the family of such departed construction workers are entitled to.
How Is Negligence Proven in a Construction Accident Case?
The Scaffold Law that serves as the basis for many construction accident cases is a strict liability statute. Property owners and general contractors are responsible for the injuries that occur if they do not uphold the statutory duties outlined in the law. They cannot delegate this responsibility to another party or otherwise bypass responsibility.
They are responsible even if they were unaware of the problem because it is ultimately their duty to ensure a safe workplace for everyone on the site. Since the law creates strict liability for these parties, we do not have to prove they were directly negligent in causing your injuries.
The statutory duties included in the Scaffold Law apply primarily to workers who use ladders, scaffolds, or similar platforms, or who are injured when hit by falling items. These statutes can support a liability case by showing that a violation occurred and that it related to our client’s injuries. This encompasses actions including failure to:
- Provide the proper equipment, such as a ladder or scaffolding when necessary
- Ensure the provided equipment is safe and secure
- Provide an appropriate safety harness, lifelines, or other required personal protective equipment
- Protect workers from falling materials, tools, or debris
- Ensure the workers followed the required safety protocols
In some cases, the rules established by the Scaffold Law are more stringent than OSHA’s standards. To this end, we do not have to prove the property owner or contractor was guilty of a violation. A construction accident lawyer from Friedman & Simon, L.L.P. knows how to prove construction accident cases based on the Scaffold Law. We will collect the necessary, relevant evidence to support your claim if it is available in your case.
Will My Construction Accident Case Settle Out of Court?
Our decades of dedicated experience in representing construction accident victims have proven, time and again, that the best way to win the best settlement is to prepare your case for trial. Having the other side believe they don’t want to “fight,” you in the courtroom is the best way to “win the fight without fighting.”
Our team can often win an out-of-court settlement in these cases, preventing them from going to trial when possible. A negotiated settlement that justly and fairly compensates our clients for their injuries and damages is possible in many cases. We can often negotiate a settlement for our clients by presenting strong evidence to the liable parties, their legal counsel, and their liability insurance provider.
Some of the reasons why we file a lawsuit in this type of case include:
- The insurer refuses a just settlement, low-balling their offers and refusing to compensate our client fairly.
- They deny the claim or otherwise refuse to accept responsibility for the accident and injuries.
- They dispute the severity of the injuries or that the injuries occurred on their property.
- Other legal questions go unanswered and prevent us from reaching a settlement agreement.
While our goal is to reach an out-of-court settlement, some situations require us to file a lawsuit in order to fight for our client’s best interests. We will discuss your options with you and file the appropriate paperwork if we determine that a civil suit is the best option for you. Throughout this process, our team will be available to address your concerns, update you about your case, and represent you to the judge, jury, and other involved parties.
Our team will prepare all court documents, present the evidence we collected during our investigation, and offer documentation of the damages you suffered. If your case goes before a judge and jury we will present the strongest possible argument to award financial compensation for your losses.
You can learn more about how Friedman & Simon, L.L.P. will help you with your case during your free case assessment. Call (516) 932-0400 now to discuss your legal options based on the unique aspects of your case. Our team is standing by to evaluate your damages, answer your questions about our services, and outline a plan to seek a payout on your behalf if you qualify to file a third-party claim.
How Long Does It Take to Settle a Construction Accident Case?
How Long Does It Take to Settle a Construction Accident Case?
The timeline on construction accident cases depends on many factors, making it difficult to predict how long it could take to settle. Some cases that seem complex and difficult to navigate reach an agreement quickly, while some that are simple on the surface turn out to be more complicated and take longer. A construction accident case could settle within months of filing your claim, but these cases can also take a year or more to settle.
We will need to investigate what happened and gather evidence to support your case, and this process takes time. We sometimes need to wait on certain evidence before we can proceed with a case. This often occurs if you have not reached maximum medical improvement and your prognosis is unclear, or if there is a delay in securing your medical records or other important documents.
It is generally faster to negotiate an out-of-court settlement than to file a lawsuit, get the case on the docket, and navigate this process. Still, if we have not settled by the time the deadline arrives in your case, we will need to take legal action to preserve your right to do so. New York State has a set deadline for filing civil lawsuits based on your injuries under New York Civil Practice Laws & Rules § 214. This prevents settlement negotiations from carrying on for several years or longer.
There are exceptions to this statute that could give you more time or dramatically shorten your time to act. If you were working on a federal, state, or metropolitan building or for a government agency, this could change the deadlines that apply, as well as the way we will need to navigate the claims process.
Our team understands that you likely need compensation to cover your damages as soon as possible. We will work to settle your case quickly, but we will not advise you to accept an offer that does not compensate you for the losses you suffered. We want to win you as much as possible as soon as possible.
We recommend contacting our office as soon as you are able. if you were hurt in a construction accident in one of the five boroughs. Our team will explain the timeline that applies to your New York construction accident case when we review your claim.
Speak with a Member of Our Construction Accident Team for Free
A construction accident lawyer from Friedman & Simon, L.L.P. will represent injured workers who qualify to file a third-party liability claim or lawsuit based on their injury accident. We investigate these cases, determine the applicable New York State statutes that should have protected the victim from injury, and identify the liable party or parties who allowed the accident to occur. In certain cases, failing to prevent an accident could make the property owner or general contractor legally responsible for the injuries a worker suffered.
At Friedman & Simon, L.L.P., every member of our team is a passionate advocate for the injured. We will fight for your financial recovery if we handle your case. You can get started today with a free case assessment with a team member. Our staff meets potential clients on Long Island or elsewhere in the New York metropolitan area convenient for them.
We will meet with you in a local hospital, rehabilitation facility, your home, or another location, as needed. We also have multilingual staff available to discuss your case in your native language, if you speak Spanish, Greek, Bengali, Tamil, or Kannada.
Call Friedman & Simon, L.L.P. now at (516) 932-0400 for a free assessment of your New York construction accident and injury case.