More than 25% construction workers in Bronx, NY experience at least one work-related injury during the course of their careers. With only 5% workforce in the construction industry, accidents account for over 30% injuries. Construction accident attorneys take on hundreds of lawsuits each year, many of which have millions of dollars as pay outs.
You should know what to do if you get injured while working at a construction site. A robust and formidable Bronx construction accident lawyer can help you get the compensation you deserve if the accident was because of someone else’s fault.
Labor Laws in New York for Construction Workers
On the job construction workers can file a lawsuit under three special sections of the New York labor laws – Sections 200, 240, and 241(6). Under section 200, construction site managers are required to provide all construction workers protection from hazards. If the employer or site supervisor creates or fails to fix an unsafe condition, even after it has been brought to their attention, the worker can hold the site owners or contractors liable.
Section 240 represents the “Scaffold Law.” Under this section, there are strict regulations related to ladders, scaffolding, and other items used for working above the ground. Section 240 is designed to protect workers from gravity related injuries, which can occur if they fall from unsafe scaffolding or are injured by an item falling from above.
Steps to Take After a Construction Accident in Bronx to Maximize Damages
You should know how to respond to construction site injuries if you want the post-accident process to be streamlined and your rights to be protected. The very first step you must take is get adequate medical attention. You should do this even if you think there is no serious injury. Concussions, whiplash, and certain spinal injuries can have delayed symptoms.
Your injuries could range from moderate to severe depending on the kind of accident you experience. It’s crucial that you receive specialized medical attention in all cases. Make sure you report the incident to your employer. They need to report the accident to the insurance company so that you can start receiving Workers’ Compensation benefits.
There are strict deadlines about reporting an injury, which your Bronx construction accident attorney will let you know. The support of a good workplace accident attorney is vital to get the best results in a worksite accident claim. Your attorney can also advise you on the necessary documents to gather to file a claim and get maximum benefits.
An experienced Bronx injury construction accident lawyer will help you gather videos, photographs, testimonials, and other evidence to prove liability of the negligent party in your construction accident claim. They will also take all necessary steps to increase the likelihood of winning a successful outcome.
Worker Rights in a Construction Accident in Bronx, NY
Victims of construction accidents have the right to receive Workers’ Compensation under the Workers Compensation Law in the Bronx, New York. Your employers are obligated to get the insurance company to provide you with adequate compensation in case of a worksite accident. The compensation you obtain should be able to cover the following expenses so that you can make a quick and complete recovery:
- Medical Attention
- Ambulance Transportation
- Lost Wages
- Prescribed Drugs
- Expenses related to partial or permanent disability
These expenses usually mean high costs, which can be unaffordable. With help from a skilled construction site accident lawyer the Bronx, you can increase the likelihood of obtaining a fair compensation amount as per the law.
Suing a Third Party as a Bronx Construction Accident Victim
The Workers’ Compensation Law prohibits employees from filing a lawsuit against their employer. Pertaining to this, the unique features of your accident may allow you to file a lawsuit for recovering compensation for the injuries sustained during an accident. For instance, if the construction accident was due to the negligent actions of a third-party, you may be able to bring a claim against the third party.
A seasoned Bronx construction injury attorney will assess all features of your accident to determine the at-fault parties. This will improve the likelihood of recovering a large amount as labor compensation. These are a few common at-fault parties in a construction accident lawsuit:
- Property owners
- Manufacturing company of the machinery or tool
- Engineers
- Architects
- Contractors
Your attorney will name all other persons that played a role in causing your construction accident and subsequent injuries. Besides, it’s critical that you consult a proven and strategy-driven construction workers accident lawyer Bronx.
There is also the statute of limitations deadlines that need to be adhered to. Family members of a construction worker that suffered fatal injuries in a worksite accident because of the fault of another can obtain compensation by filing a wrongful death lawsuit with the help of a Bronx fatal workplace injury lawyer.
Types of Construction Site Accident Lawsuits in the Bronx, NY
In Bronx, you may be able to file a personal injury lawsuit against a negligent third-party even if you receive workers’ compensation benefits from your employer. Personal injury lawsuits can be filed under several situations. If the third party is negligent, you can file a personal injury lawsuit against them.
Negligence can refer to a property owner or contractor failing in their duty to repair obvious issues on their property, which leads to someone getting injured or killed. Another potential reason to file a personal injury lawsuit is recklessness. For instance, the contractor may have acted recklessly in failing to follow safety guidelines.
You may have a claim if the recklessness of the contractor contributed to your injuries. In some cases, an injury can turn fatal. The family of the deceased can have cause to bring a wrongful death lawsuit. In Bronx, wrongful death is defined as the death caused by the reckless or negligent actions of an individual or entity.
A wrongful death lawsuit can be filed by the executor or personal representative of the deceased. The state of New York doesn’t allow a parent, child, or spouse to file a wrongful death lawsuit unless they are also the executor of the deceased’s estate. You may want to speak with a Bronx fatal workplace injury lawyer to learn more.
Don’t forget to keep statute of limitations in mind when deciding to file a wrongful death lawsuit or a personal injury lawsuit after a construction site accident. Personal injury lawsuits need to be filed within a period of 3 years from the date of the accident. In case of a wrongful death, the executor gets 2 years from the date of the death to bring a claim.
If you are planning on suing a government agency, you need to be aware of special circumstances. In most cases, victims only get a 90-day window from the date of the injury or accident to file a claim. It is prudent to speak with a workplace accident lawyer Bronx to ensure you don’t miss the window for filing your injury claim.
How a Bronx Construction Accident Attorney Can Help You?
If you were injured on a construction site, you should speak with a skilled and resourceful Bronx scaffolding accidents lawyer. Your attorney will help you take the relevant steps for obtaining workers’ compensation benefits and filing an injury lawsuit to maximize your financial recovery. There are several benefits to retaining the services of an attorney.
They are knowledgeable about federal, state, and local laws surrounding construction site accidents. They also have the necessary resources for going up against large contractors and insurance companies. A dedicated Bronx injury construction accident lawyer will help you navigate the process of workers’ compensation.
They can assess the individual circumstances surrounding your accident to determine all at-fault parties and whether you have sufficient grounds to file a third-party claim. It can be complicated filing a personal injury lawsuit. You can ensure that all forms are filled out completely and correctly and that your case is not dismissed on a clerical error.
It can be difficult to stay on top of paperwork, insurance communications, and deadlines when you are injured and trying to recover. Having a skilled construction workers accident lawyer Bronx on your side can help you prove fault and win your construction accident case. Your attorney will do everything in their power to prove your claim.
Seasoned law firms have specialists on their team to determine the cause of an accident, identify potential at-fault parties, and gather the necessary evidence for filing a successful claim. Having a Bronx construction accident attorney on your side is prudent if you want to negotiate a settlement or file a third-party claim.
Talk to a Skilled and Knowledgeable Construction Accident Attorney in Bronx – Book Your Free Consultation Today
If you or someone you love was injured while working on a construction site, the experienced and capable Bronx, NY construction site attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help you obtain compensation for your medical bills, lost wages, and pain and suffering. Our attorneys have helped recover $1 billion for clients through injury claims over the last century.
The construction accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP will sit down with you to explain all available legal choices and help you take the best course of action for meeting your needs. Schedule your free and confidential consultation with us today. Call 212-344-1000 or reach us online.
