Construction sites pose many dangers to individuals working on them, especially when employers and third parties fail to ensure that they are as safe as possible. If you or a loved one is injured as a result of construction site operations, it is important that you contact a construction accident lawyer as soon as possible. With a thorough understanding of New York law generally and construction accident law specifically, they can argue vehemently to help you receive as much compensation as possible.
- Workers’ Compensation
- Experience
- “Bedside Manner”
- Understanding of OSHA Guidelines
- Comprehensive Evidence Collection
- Safety at High Elevations
- Wrongful Death
- Statute of Limitations & Other Deadlines
- Hiring a Construction Accident Lawyer
Workers’ Compensation
Per New York Consolidated Laws, Workers’ Compensation Law – WKC §1, workers are entitled to cash benefits and/or medical care to help them deal with injuries sustained on the job. However, one trade-off for these benefits is that your employer and fellow employees are protected from litigation. In other words, if the negligence of your employer or a fellow worker who works for the same employer caused your injuries, you will be limited to workers’ compensation benefits and cannot successfully sue these negligent parties.
In cases where the accident was caused by someone other than your employer or fellow employee, generally referred to as a “third party”, you can and probably should make a claim to recover money compensation for your injuries. If indicated, a “third party lawsuit” can be brought as well.
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Experience
Regardless of the injury, an experienced construction accident lawyer should be able to work a case to prove fault. A quality lawyer can argue falling object, slip and falls, trip and falls, electric shock, debris-related accidents, building collapses, and many other kinds of injuries. It is best for you to compare experience and ensure that the lawyers being considered have a deep understanding and thorough, genuine experience working cases similar to those that caused the injuries you sustained.
“Bedside Manner”
This term generally applies to how a medical doctor interacts with patients, but we believe it applies, figuratively if not literally, to how lawyer & clients interact as well. Assuming you find yourself needing to choose between well-qualified law firms as to whom you will retain, we suggest that you pay close attention to the lawyer’s “bedside manner”. Does he/she listen to you when you speak, or talk over you? Are you treated with respect? Does the lawyer have compassion for your situation, or do you feel like you are “just another case file”? Claims and lawsuits are like journeys. They take time and, because cases are adversarial, challenges and obstacles will arise and must be dealt with. Do you have the appropriate level of confidence in and comfort with this attorney to embark on this journey?
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Understanding of OSHA Guidelines
Occupational Safety and Health Administration (OSHA) guidelines are in effect to ensure that workers have a safe, healthy environment. By law, all employers must adhere to OSHA standards. With this in mind, personal injury lawyers must be familiar with OSHA guidelines to present a case and argue for compensation on behalf of individuals injured in construction accidents.
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Comprehensive Evidence Collection
Proving that a third-party caused an accident requires a thorough understanding of New York law and an understanding of how to prove that their negligence caused damage. Using evidence such as witness statements, expert witness reports, work documents, and surveillance footage, they should be able to explain all of the compensation a plaintiff may be entitled to and how they will effectively argue this in court.
These damages include but are not limited to the following:
- Past medical bills
- Future medical bills
- Past pain & suffering
- Future pain & suffering
- Past economic losses
- Future economic losses
- Loss of services of a spouse
Safety at High Elevations
N.Y. Labor Law § 240 provides special protections to individuals working construction at heights. Whether via a ladder, scaffold or otherwise, a person injured in an elevated setting is entitled to the benefits this section of the law provides. If you or a loved one was injured in a height related construction accident, please call our office immediately for guidance in how to best protect your rights.
Wrongful Death
Death due to a construction accident is tragic. The departed deserves justice and his or her surviving loved ones need the justice of being compensated for all the financial harm the death has unleashed upon them. The construction accident attorneys at Friedman & Simon, L.L.P., Injury Lawyers, have compassion for such families and we are dedicated to getting such families the best possible case outcome.
Statute of Limitations & Other Deadlines
Claims for injuries sustained on a construction site must be filed within three years from the date of the accident per N.Y. Civil Practice Law & Rules § 214. For wrongful death lawsuits, claims must be filed within two years of the accident. Claims and lawsuits have numerous other time limitations. When our law firm is retained, you can rest assured we will comply with all deadlines in a timely manner to protect your rights. This will allow you to focus on your medical treatment, healing and recovery. In the case of death, this will allow you to heal your grief to the extent possible, with minimal disturbance. The sooner you contact us, the greater our ability to build the strongest case possible for you.
Hiring a Construction Accident Lawyer
If you or a loved one is injured due to a construction accident, contact a construction accident lawyer at Friedman & Simon, L.L.P., Injury Lawyers, as soon as possible. One of our experienced legal professionals will navigate the legal process and fight for the compensation you deserve. Call now for a no-obligation case review and free consultation: 516-932-0400.
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