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Construction Accidents

New York Construction Accident Lawyer – Construction Accident Attorney

Construction Site Accidents

A construction site is a busy, and oftentimes dangerous place for someone to be, which is why there are so many safety protocols put in place, and constantly revised, by agencies such as OSHA (Occupational Safety and Health Administration) whose main goal is to protect workers everywhere. Workers, managers, site designers, and everyone else involved in the construction process must stay up to date on the latest OSHA standards and practices through their certification programs and continuing education. In addition to OSHA standards, there are many other avenues for researching, advancing, and improving workplace safety measures for everyone involved.

CONSTRUCTION SITE ACCIDENTS CAN BE DANGEROUS

The two most important factors for keeping any construction site safe, though, is the people who are working there, and the quality of safety equipment and adherence to safety methods and best practices. When everyone on a job site is adhering to safety measures, and all materials, tools, and safety structures are up to standard, the possibility of an accident is significantly reduced (although never entirely eliminated). In fact, 1 in 5 worker fatalities were construction workers last year, and more than half of those deaths were the result of one of the “Big Four” injuries: falls, being struck by objects, electrocutions, or being caught in or between objects. Most often, these Big Four accidents are caused by an error.

WERE YOU INJURED AFTER A NEW YORK CONSTRUCTION ACCIDENT?

Since 1922, our firm has represented injured construction accident victims in New York. Construction accident lawyer Brooklyn at Rosenberg, Minc, Falkoff & Wolff, LLP know how catastrophic and expensive construction site accidents can be.

Thousands of workers are killed or harmed every year at New York construction sites. While companies implement a wide assortment of security measures and deploy each site with safety engineers, construction workers still face the risk of work-related injury or death than workers in other states.

New York labor laws protect construction workers from worksite-related accidents. Consequently, our law firm recognizes that most worksite accidents are preventable. And those who are not complying with the regulations to protect the workers and prioritize their safety should be held responsible for their negligence.

Construction site accidents cases we handle include:

  • Building Collapse
  • Supervisor Negligence
  • Punch Press Malfunctions
  • Forklift Accidents
  • Dumpster Accidents
  • Nail gun Accidents
  • Compressor Accidents
  • Exploding Compressor
  • Gas Explosions
  • Elevator Accidents
  • Window Washer Accidents
  • Structure Failure
  • Logging Accidents
  • Brazing Accidents
  • Cutting Accidents
  • Crane Accidents
  • Run Over by Operating Equipment
  • Electrical Accidents Trench
  • Collapses, Fires, and Explosions
  • Welding Accidents
  • Unsafe/ Dangerous Equipment Accidents
  • Construction Site Falls
  • Scaffolding Accidents
  • Ladder Accidents

If you’ve been hurt in a New York construction accident, we can help you seek compensation to cover your losses. We have represented over 30,000 injured New Yorkers and won millions in settlements and verdicts. Don’t hesitate to reach out to us to discuss your case. Schedule your FREE consultation today.

WHAT TO DO AFTER A NEW YORK CONSTRUCTION ACCIDENT

Worksite-related accidents can be extremely traumatic. Construction site hazards are always present and they put you at risk of injuries or fatalities. After an accident, you may feel pain and stress — you may have no idea what to do next.

Our law firm has prepared a list of the necessary steps you need to take to protect yourself and secure essential documents that may help you recover the highest compensation possible.

  • Seek medical help
  • Report your accident
  • Acquire a letter from your physician 
  • Take photos of the accident scene
  • Record witnesses’ information
  • Keep your records
  • Contact an experienced trial attorney

Seek medical help. Remember, your health should always be your top priority. And so does your medical records, which will be essential when you decide to bring a case later on. Therefore, seeking medical attention should be the first thing you do after an accident.

Report your accident. Another important document that will be used in your case, later on, is your accident report, which will be prepared by your employer. Thus, make sure you inform them about your accident within 30 days.

Your employer will, in turn, notify their insurance company and the Workers’ Compensation Board of your injury within 10 days after they receive your written notice. Lastly, you will need to complete your application online or you can mail Form C-3 straight to the New York State Workers’ Compensation Board.

Acquire a letter from your physician. Insurance companies want proof that you are unable to return to work and thus they will need your diagnosis. Your physician should provide a letter that provides details about your injury, how you got injured, and why you can’t return to your job.

Take photos of the accident scene. Conditions on construction sites tend to change fast after a mishap for many reasons. Thus, you should take photos of the scene of the accident whenever possible. As an example, if using a defective ladder caused your injuries, you should take a photo of it to use as evidence.

Record witnesses’ information. Eyewitnesses and their statements can help confirm your version of events to insurance companies. If anyone saw what happened during your accident, try to write down their names and phone numbers.

Keep your records. Maintain documents or records associated with your case. Keep copies of documents that you think you can use as evidence of your injury, diagnosis, and treatment. For instance, you should keep copies of insurance company letters and your medical records.

Contact an experienced construction accidents law firm. Highly skilled trial lawyers at Rosenberg, Minc, Falkoff & Wolff have the experience to properly represent you and win your case whether it involves a construction accident, auto accident, trip and fall, or a Medical Malpractice claim due to misdiagnosis, hospital negligence, or wrongful death.

WHY WORK WITH A CONSTRUCTION ACCIDENT LAW FIRM IN NEW YORK CITY?

If you have been injured in a construction accident in New York City, you have rights as a victim that you must ensure are upheld. The best way to make sure that you are getting a fair chance at what you deserve, while also focusing on recovering from your injuries, is to work with a construction accident lawyer in NYC. The award-winning team at Rosenberg, Minc, Falkoff & Wolff, LLP can help you through this process whether you are filing a workers’ compensation claim, a personal injury lawsuit, or are trying to make sense of your options.

Filing a workers’ compensation claim is fairly straightforward, but there are many different obstacles and issues that you may encounter throughout the process that can distract you from recovery. In addition, there are times when you may have other options that you are unaware of, and would have remained unaware of if you were not under the guidance of an experienced legal professional.

Contact us as soon as possible to schedule your free initial consultation, so that we can help you get the compensation and legal guidance that you deserve as you focus on recovering from this difficult and painful experience.

You Deserve an Experienced Construction Accident Lawyer NYC

In New York State, construction is still considered to be the most dangerous industry. Accidents happen a lot even if New York labor laws require employers to maintain safe working environments. Dozens have been killed each year on construction sites, while thousands have sustained painful and debilitating injuries.

Unfortunately, many employers tend to cut corners so they can save money. But implementing shortcuts often leave construction workers at risk of injury or fatality.

When you are injured on a site, your primary concern is to pursue compensation. However, don’t just trust any personal injury attorney with your NYC construction accident case.

You may have the right to demand money for your injuries, but filing a personal injury claim can be complicated, time-consuming, and downright intimidating. Your personal injury lawsuit will face resistance from employers, construction site owners, insurance companies, and third parties.

You deserve to work with construction site accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP. Our personal injury law firm has extensive experience handling even the most challenging of cases. We have represented injured New York construction workers for more than nine decades.

Our skilled and highly experienced trial lawyers know New York construction and labor laws inside and out. We have an in-depth understanding of the worker’s compensation system as well as what it takes to secure the money you need. We know how to deal with your case and we’ll give our best to secure the benefits you deserve.

We have secured millions of dollars in settlements and verdicts for injured clients through our aggressive approach in handling personal injury cases. Our achievement in winning settlements and verdicts speaks for itself:

When you turn to our personal injury law firm for help, you can benefit from our 90 plus years of experience fighting for injured New Yorkers. You have nothing to lose if you ask us for help. And so, don’t hesitate to contact our NYC construction accident lawyer Queens today.

WE HANDLE ALL CONSTRUCTION ACCIDENT CASES IN NEW YORK

Our Lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP are always ready to help you demand money after you get hurt at work. We handle all cases associated with working on construction site accidents such as:

  • Welding accidents
  • Structure failure
  • Scaffolding accidents
  • Punch press malfunctions
  • Nail gun accidents
  • Logging accidents
  • Ladder accidents
  • Gas explosions
  • Forklift accidents
  • Falling objects
  • Falls
  • Elevator accidents
  • Electrical accidents
  • Dumpster accidents
  • Cutting accidents
  • Brazing accidents
  • Crane accidents
  • Building collapse
  • Compressor accidents
  • Dangerous or defective equipment accidents
  • Wrongful death, and more.

Contact us for help if you were injured in the five boroughs of New York City, our construction accident lawyers New York City will fight for injured construction workers across New York City.

WE’LL HELP YOU GET MONEY FOR ALL YOUR NYC CONSTRUCTION ACCIDENT INJURIES

Some law firms in New York will only handle your case if you sustained catastrophic injuries from working in construction. We all know this is not fair. You still deserve compensation as long as you were harmed while at work.

At Rosenberg, Minc, Falkoff & Wolff, LLP, our construction accident law firm will seek money for all your construction site injuries, no matter if it’s minor or severe. No construction accident injury case is too small or too big for us. Contact us if you’ve been injured and suffered:

  • Burns
  • Cuts and lacerations
  • Neck injury
  • Eye injury
  • Head injury
  • Crushing injury
  • Broken bones
  • Chest injury
  • Amputation
  • Back injury
  • Spinal cord damage
  • Paralysis
  • Traumatic brain injury, or other injuries.

Your first consultation is free, so don’t hesitate to contact us for help. But if you can’t make it into our law offices to talk about your case, our experienced and highly skilled personal injury lawyers will visit you.

We make things easy for you. All you need to do is contact us and we’ll come to you whether you’re at home, at work, or in the hospital recovering from your injuries.

AVAILABLE DAMAGES FOR NYC CONSTRUCTION ACCIDENT VICTIMS

Your medical bills can add up fast before you know it. So never underestimate the costs of your injuries caused by construction accidents. Sudden loss of wages can make it tough to cover your day-to-day expenses, let alone cover your medical bills and associated costs of care.

After getting injured on a New York construction site, you can seek:

  • Damages from a negligent third party (e.g., owner, architect, contractor) or
  • Benefits from a workers’ compensation insurance policy

Unfortunately, worker’s compensation will limit your ability to recover money to pay for your medical bills, lost wages, and disability. That said, filing a lawsuit gives you a chance to receive money for:

  • Pain and suffering
  • Emotional distress, including anxiety and depression
  • Rehabilitation
  • Nursing care
  • PTSD
  • Loss of consortium
  • Disfigurement and scarring
  • Loss of enjoyment of life, and more.

Don’t accept the offer if it’s less than what your case is worth. Our skilled trial attorneys have worked hard to establish relationships with some of the most reputable construction accident experts in New York State. These professionals can help us understand the technical and complex aspects of your case.

Their assistance provides us valuable insights into how your injuries can affect your life. And in turn, give us a better understanding of what your case is really worth.

HOW DO TRIAL LAWYERS INVESTIGATE A NEW YORK CONSTRUCTION ACCIDENT CASE?

Once we determine you have a legitimate case, our New York construction accidents attorney will perform an in-depth investigation of your accident right away.

The following items are essential for further investigation to take place:

1. Official Reports

  1. Police Reports d. Department of Buildings violations/citations
  2. OSHA Investigations with prior citations
  3. Department of Building records (including permit applications and permits)

2. Injured Worker’s Records

  1. Union Records
  2. Autopsy/Death Certificate
  3. Worker’s Compensation File
  4. Employment Records
  5. Physicians/Rehabilitation Records
  6. Prior Worker’s Compensation Claims
  7. Ambulance Call Records
  8. Income tax record for five years before the accident
  9. Hospital Records

3. Witness Statements

Essentially, witness statements must be obtained as soon as possible. If necessary, immediately get affidavits from witnesses before they fall silent, their story changes, or disappear.

4. Photographs of the Scene 

5. Copies of all Contracts 

6. Identity of all Contractors on the Job

  1. Who was in charge of safety?
  2. Who supervised the job?
  3. Was the duty to oversee work that gave rise to an accident assigned exclusively to a sub-contractor?

7. Insurance Policies Including All Endorsements

8. Job Documents

  1. Work Permits
  2. Daily Logs
  3. Safety memos and inspection records
  4. Progress Photographs
  5. Determine who controlled and owned all equipment involved in the accident
  6. Job site safety equipment records
  7. Progress Sheets
  8. Department of Building inspections
  9. Records of safety meetings

WHAT WILL YOUR LAWYER TRY TO FIND OUT DURING A DEPOSITION FOR AN NYC CONSTRUCTION ACCIDENT CASE?

Our lawyers will address the following elements throughout the deposition:

  1. Safety equipment list present at the job site and their use/areas. Were they close? Suitable for the plaintiff’s job? In use?
  1. The defective safety device – Who owned it? Where is it? Does anyone inspect it following the accident? What happened to it? Photos? Findings?
  1. Identify all people present upon the day of the accident– who supervises, what the injured party did, what point in the work was the plaintiff
  1. Cause of accident – any finding made as to cause of the mishaps? What determined it? By whom?
  1. Witnesses to the accident? Witnesses’ conditions before the accident? Witnesses with the same tasks as the plaintiff before the accident? Give other directions or admonitions? Anybody advised him to stop?
  1. Identify each key person at the job site (especially those with an administrative authority), and their job function.
  1. The absence/presence of safety meeting minutes, progress notes, site Safety Plan, progress photographs, and any other document which could possibly commemorate any specific guidelines.
  1. Determine the contracts in place – are there any paragraphs regarding site safety?
  1. Safety instructions. Who presented them? Who gave? When was it given? Were they reduced to writing? Were the directions in Spanish? English?
  2. Post-accident investigation – Worker’s Compensation reports, Accident reports, OSHA, defendant, any other individual’s report – areas of agreement/disagreement.

COMMON TYPES OF NEW YORK CITY CONSTRUCTION ACCIDENTS

Construction sites are busy places, with sometimes hundreds or even thousands of workers all focusing on their specific tasks in close proximity. Every worker relies on the other workers on the site to prioritize safety, just as they prioritize safety for everyone else. This type of trust is essential for a well-functioning construction site to continue, but even the most diligent sites can experience accidents.

The first four examples below are known as the “Big Four.” Some of the most common accidents, whether due to negligence or not, are as follows:

FALL INJURIES AND FATALITIES

Falls account for 33.5% of all construction deaths in 2018—338 in total—a percentage that has remained fairly static for quite some time. Note that a fall injury is not the same as being injured by a falling object, which is the next type of injury discussed. Falls can happen because of slippery surfaces or other hazards, but they also include situations where a worker may fall who was not using proper safety equipment such as a harness, tether, carabiner, or the other appropriate equipment for their task.

Falls can be fatal, but in non-fatal falls the victim can suffer from permanently debilitating injuries such as spine damages, traumatic brain injuries, serious fractures, internal bleeding, and more. The severity of the injuries depends on things such as the height of the fall, but there are many other factors that go into how severe the injuries ultimately are.

STRUCK BY OBJECT INJURIES AND FATALITIES

Falling workers are a serious problem, but so is the issue of falling objects, which made up 11.1% of construction site fatalities in 2018, making it the second-most common fatality on construction sites. These accidents happen when a large object (or collection of objects) falls from a higher platform, crane, or shelving unit, or other location.

These types of accidents can happen due to a crane operator acting dangerously, a load being moved that was not properly secured, or even a worker dropping a handtool that was not properly tethered to their body, causing it to fall and possibly strike a worker below. Depending on the size and weight of the object, as well as the height that it fell from, these injuries can cause serious injuries or be fatal.

ELECTROCUTION INJURIES AND FATALITIES

When working with both new construction and existing renovations or upgrades, there is always a risk of coming into contact with exposed live wires. Licensed electricians understand the safety standards that they must follow in order to protect the health and lives of all those around them, but even with the most diligent electrician, there is a risk of an accident. Electrocution fatalities made up 8.5% of all construction site deaths in 2018, making it the third death of the “Big Four.”

An electrocution injury or death can happen as a result of direct contact with an exposed live wire, but there are many other ways that this can happen as well. Flooding can increase the risk of electrocution significantly, because a live wire can electrify any water that it comes in contact with, and can kill someone who is touching this water.

CAUGHT-IN/BETWEEN INJURIES AND FATALITIES

This kind of accident is characterized by someone being caught between heavy objects; examples include such things as two girders being moved, a large slab being set in place, or other items that are being transported with a crane. Other examples could include someone being pinched between the cab and the trailer of an 18-wheeler, caught in a motor such as a wood chipper, gears, or anything else that someone could be caught in.

According to OSHA, “This category includes construction workers killed when caught-in or compressed by equipment or objects, and struck, caught, or crushed in collapsing structure, equipment, or material,” and it makes up the fourth fatality of the Big Four with 5.5% of construction deaths being characterized as one of these accidents.

OTHER CONSTRUCTION SITE INJURIES AND FATALITIES IN NEW YORK CITY

The “Big Four” make up nearly 60% of all construction fatalities, and if these could be solved then the construction industry would have an average of 591 fewer deaths each year. Unfortunately, even eliminating these Fatal Four injuries would still mean that there was an average of around 400 construction deaths each year, not to mention the 200,000 non-fatal injuries that are reported each year in the construction industry.

Some other common injury types in construction are:

  • Eye injuries
  • Respiratory injuries
  • Hearing loss
  • Repetitive stress injuries
  • Injury from exposure to gas or fumes

Whether or not the injury that you have experienced is mentioned here, contact us now to schedule your initial consultation so that we can begin to make more sense of your case and start fighting for what you deserve.

Construction Accident
 

NEW YORK LABOR LAW: SECTIONS 200,240 & 241

Generally, a construction worker engaged in a work-related accident can bring a case against the general proprietor and contractor of the construction site conforming to sections 200, 240, and 241(6) of the New York State Labor Law.

SECTION 200: OBLIGATION TO DELIVER SAFE WORKING CONDITIONS

A general duty for proprietors and contractors is stated in the NYC labor Code under Section 200. The law requires adequate protection for the lives and the safety of the workers employed.

It is a legal obligation for these parties to equip, operate, and construct the work site properly. Tools and machinery must be in good condition and safe to use. Workplace hazards must be given close attention by contractors and property owners. It is their duty to give a warning of any dangerous events that might occur.

SECTION 240: WHAT IS THE NEW YORK SCAFFOLDING LAW?

Section 240 under the New York Labor Law consists of special provisions for laborers harmed by or on:

  • Frameworks
  • Pulleys
  • Ladders
  • Irons
  • Blocks
  • Slings
  • Lifts
  • Hoists
  • Braces
  • Hangers and
  • other related devices.

Also known as the Scaffolding Law, this section of the New York Labor Law section permits injured laborers to bring claims against an owner or general contractor who breaches this section rendering them strictly liable for laborers who have been harmed because of defective or missing safety equipment and hardware at worksites.

Moreover, Section 241 (6) under the New York State Labor Law requires the proprietor to conform with all of the provisions of the New York State Industrial Code.

Safety precautions must be firmly adhered at all times to avoid putting the lives of all laborers at risk. With this, manufacturers, subcontractors, and architects may likewise be held accountable for any case of inadequate safety precautions.

SCAFFOLDING SAFETY GUIDELINES

Using scaffolding as a temporary platform in elevating and supporting laborers and other tools during construction has been provided with significant rules and regulations by the New York Labor Law.

  • The Scaffolding must be erected to handle 4 times the required maximum load.
  • If scaffolding installed is 20 feet or more from the ground, it must have a safety rail approximately 34 inches high, made of proper material.
  • To avoid swaying away from both the structure and the building, it is a must to ensure that the scaffolding is adequately secured with the necessary equipment.
  • The ends and sides of the scaffolding must be covered by the safety railing along with sufficient openings for the safe delivery of the necessary materials.

The Scaffold law under the New York State law is responsible for holding proprietors and employers fully liable when a laborer or an employee is harmed because of gravity-related falls while operating at great heights, and with the lack of proper safety tools and equipment.

Strict accountability is applied under this law. You may be entitled to pursue compensation as long as your attorney can gather evidence that proves your employer has violated the section 240 scaffolding law.

WHAT ARE COMMON CAUSES OF NYC CONSTRUCTION ACCIDENTS?

Industrial environments such as construction sites are undoubtedly dangerous workplaces. More so, unfortunate causes of construction accidents are often traced back to someone else’s negligence. It is carelessness that causes so many tragic accidents and harm to the innocent workers.

To protect you from work-related accidents, OSHA requires employers to secure special permits, implement workplace safety programs that limit mishaps, and conduct routine inspections. Other leading causes of avoidable construction accidents are failure to follow safety policies & procedures, and product defects.

Specifically, the common causes of NYC construction accidents are:

  • Slips and falls
  • Falling objects
  • Misuse of tools
  • Electrical accidents
  • Welding accidents
  • Insufficient training
  • Poor safety precautions and oversight
  • Scaffolding accidents
  • Crane accidents
  • Harness accidents
  • Hoist accidents
  • Falls from elevations
  • Defective equipment
  • Mechanical hazards
  • Exposure to toxic substances
  • Collapsed structures
  • Compressed gases
  • Fires and explosions and
  • Improper use or lack of equipment maintenance

If you sustained worksite-related injuries caused by another party’s negligence, you may have the right to seek compensation. The money you receive can help you cover lost income, medical bills, and even disability. Assert your rights and contact us to schedule your first consultation, FREE of charge.

WHO CAN BE HELD LIABLE FOR MY CONSTRUCTION ACCIDENT INJURIES?

Generally, employers who carry worker’s compensation insurance are granted immunity from personal injury lawsuits. But if the harm done to a worker was egregious or intentional, the worker’s compensation does not bar any legal action against the employer. That said, it is more common to file a complaint against a third party.

Construction Site Owner(s): In these cases, a site owner’s liability depends on the level of control he/she has over the construction site, compared to the level of control over the work being conducted itself.

General and Subcontractors: Under OSHA, general contractors and subcontractors alike have an obligation to:

  • Provide a reasonably safe worksite
  • Warn of any site hazards or the inherent job itself and
  • Ensure work is being executed according to safety regulations

If the contractor or the subcontractor fails to perform these duties and resulted in an accident, injured workers have the right to seek compensation for their losses.

Prime Contractors: The liability of prime contractors are limited only for work that is recognized in the contract, or for any work they pass on to sub-contractors provided that they have exclusive responsibility for those sub-contractors.

Architects and Engineers: In some cases, engineers and architects have an obligation to monitor progress and make sure plans and relevant code regulations are followed. To find out if the architect or the engineer is responsible for the accident, it is necessary to determine which duties were indicated by their contract within the company.

Have you been hurt because of a structural issue or a building has collapsed? Was inadequate inspection or a faulty design to blame? If so, the architect or the engineer could be on the hook for the injuries you suffered.

Manufacturers: All parties involved in the distribution chain may be held accountable if defective products contributed to causing an accident that led to an injury. These parties include:

  • Manufacturers
  • Wholesalers and
  • Retailers

If you’ve been injured while working on a New York construction site, we’re here to help. At Rosenberg, Minc, Falkoff & Wolff, LLP, our construction accident law firm will evaluate your case, explain your rights, and seek compensation on your behalf while you focus on getting better. Contact us today. Your first consultation is FREE.

WHAT KIND OF COMPENSATION CAN I GET AFTER AN NYC CONSTRUCTION ACCIDENT?

If a third party, such as a machinery manufacturer or an external contractor, was responsible for the accident that caused your injury, you may have the opportunity to seek multiple types of compensation through a third-party injury claim. This type of claim allows you to collect damages for lost wages, long-term care, medical expenses, pain & suffering, and more.

However, if you’re not entitled to bring a third-party injury claim or lawsuit, your employer’s workers’ compensation benefits may allow you to pursue compensation.

In the state of New York, most companies are obligated to secure worker’s compensation insurance, which covers their employees should there be an accident injury. If you sustain an injury due to an accident on a construction site, you may be entitled to various types of benefits such as:

Medical benefits cover the costs of reasonable and necessary treatment of your worksite-related accident injury. To qualify for the benefits, you must choose a doctor from the Workers’ Compensation Board Approved List. Otherwise, you’ll have to pay for your doctor’s appointments.

Income benefits supersede the portion of your lost income when you can work but earn less than you did before your accident, or you’re no longer able to work. You can collect the payments for income benefits if you remain disabled for at least 7 days.

There are 4 types of income benefits accessible and may depend on the level of your impairment: total temporary, partial temporary, permanent total, and permanent partial.

  • Total temporary disability benefits – if your physician places your disability at a hundred percent, but temporarily, you may get two-thirds of your mean weekly salary before you were injured.
  • Partial temporary disability benefits – if you’re at a limited capacity of performing some of your job’s duties, you may receive two-thirds of the remainder between your mean weekly pay before and after your worksite-related injury.
  • Permanent total disability benefits – Maximum medical improvement (MMI) means your injury puts your condition in a state where it’s not likely to improve even with further treatment.

If your physician places you at MMI and declares your disability at a hundred percent, you may get two-thirds of your mean weekly pay. These benefits will stay as long as your total disability is permanent and that it prevents you from returning for work.

  • Permanent partial disability benefits – These are 3 types of available benefits depending on your injured body part:
  • Scheduled loss of use award – if you can no longer use your eyes, ears, or part of your limbs, you would be entitled to two-thirds of your mean weekly pay. Payment duration will depend on which body part you can no longer use and its percentage of disability. For instance, if your arm only functions at 75%, you may receive benefits for up to 78 weeks.
  • Non-scheduled awards – These benefits are available for injuries to your organs, head, spine, or body part not on the scheduled list. Payment duration depends on your lost earning capacity percentage. Payments are two-thirds of the remainder between your mean weekly pay before and after the accident.
  • Disfigurement – If you suffered permanent and severe disfigurement of your face, head, and neck after a construction site accident, you could collect up to $20,000 in additional benefits.

There are other additional benefits available under the worker’s compensation insurance, which includes:

  • Vocational rehabilitation – This is the cost of a job placement or rehabilitation program should you be unable to return to your previous job.
  • Death benefits – The surviving spouse, child, or dependent may get this benefit if a worker was killed on the construction site.

CAN I RECOVER COMPENSATION IF I WERE PARTLY AT FAULT IN A CONSTRUCTION ACCIDENT?

Your ability to recover financial compensation in a personal injury lawsuit can be impacted by comparative fault or negligence. It means that the fault and carelessness of all parties involved contributed to the accident.

Nevertheless, the worker’s compensation follows a no-fault rule. What this means is that if even you were completely to blame, you may recover the benefits of the workers’ compensation after the accident took place. However, you might not be entitled to the benefits of the worker’s compensation if:

  • You caused the accident on purpose
  • You were using alcohol or drugs

In a construction accident lawsuit, it is normal that multiple parties might be held responsible. There are cases where the at-fault party might even try to shift the blame to you. However, you don’t entirely lose your right to compensation even if you have contributed to the accident. NYC law will only reduce your available compensation if you were partly to blame.

HIRE AN EXPERIENCED CONSTRUCTION ACCIDENT LAWYER NYC

If you were injured in a construction accident, reach out to Rosenberg, Minc, Falkoff & Wolff, LLP for help. We can provide effective and prompt assistance for you and your case. Our experienced and skilled personal injury attorneys will help you win settlements and verdicts that you rightfully deserve.

Contact us so we can discuss your case. Our personal injuryattorneys will handle your case and recover compensation as soon as possible.

FAQ’S ABOUT NYC CONSTRUCTION INJURIES

The following are just a few of the questions that we will be happy to answer for you in specific detail during our initial consultation and in the course of our work together. The specific answer depends on a range of different factors in your own circumstances, which is why it is essential that we begin our work together immediately.

AM I ABLE TO SEEK ANY COMPENSATION BEYOND MY WORKERS’ COMPENSATION CLAIM?

In most cases of a construction site injury, your financial damages will be covered by your employer’s workers’ compensation policy, which also absolves them of any additional legal actions such as a personal injury lawsuit. In exchange for their protection from being responsible for any non-economic impacts that an employee may endure, it additionally guarantees that the worker is able to get compensation for an accident that they caused.

This arrangement can sometimes keep people from getting the full amount that they believe they deserve but is intended to maximize the benefit for everyone.

HOW MUCH IS MY NYC CONSTRUCTION INJURY WORTH?

In order to determine how much you deserve for a Workers’ Compensation settlement, we must first understand all of the different economic damages that you have endured. The most important ones are your medical costs and your lost wages, but there are a variety of other things that we will seek compensation for, such as any ongoing medical treatment that you may require, any disability payments that you are entitled to, and more.

Before we are able to determine a fair amount, we will need to go through all of your finances closely.

WHAT DOES A “NO-FAULT” POLICY ENTAIL?

A “no-fault” policy means that the policy will pay for injuries without considering who, if anyone, is at fault for the accident. This means that if your employer created a hazardous environment that led to your injuries, you likely will be unable to seek compensation from them beyond what is covered in the workers’ compensation policy. However, it also means that if you were at fault for your own injuries, you will not be barred from using the policy to seek compensation.

This type of policy can be either a significant benefit or a drawback, depending on the details of the accident.

ARE THERE SITUATIONS WHERE I AM ABLE TO FILE A LAWSUIT INSTEAD OF A WORKERS’ COMPENSATION CLAIM IN NEW YORK CITY?

While there are situations where you will be able to file a lawsuit instead of seeking workers’ compensation benefits in New York City, these are exceptions to the rule. In order to determine whether or not you have the right to seek compensation through a channel that does not involve a workers’ compensation claim, we will need to take a close look at your case.

One example of a situation that you could seek additional compensation would be if you were injured due to a defective product or tool, where the producer, distributor, retailer, or someone else along the supply chain is responsible for this failure, and therefore responsible for the compensation that you deserve.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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