Please ensure Javascript is enabled for purposes of website accessibility

How a Manhattan Personal Injury Lawyer Can Help You

How a Manhattan Personal Injury Lawyer Can Help You

How a Manhattan Personal Injury Lawyer Can Help You

Construction accidents are quite common in New York City. Accidents are widespread in Manhattan, where there are countless commercial and residential construction projects going on at any one time. Construction injuries vary from minimal cuts and scrapes to severe head injuries and broken bones.

But what happens when a worker is injured in a construction accident? Who is responsible for paying for medical costs? Determining construction accident liability is a difficult process and requires the expertise of a New York personal injury lawyer. Here is everything you need to know about Manhattan construction injuries, including labor laws, the most common types of injuries, and what you should do after being injured on the job.

Construction Labor Laws in New York State

Construction Labor Laws in New York State

Construction companies in New York are regulated by several labor laws that make it possible for workers to seek compensation if they have been injured on the job. The Occupational Safety and Health Administration (OSHA) also sets safety standards that construction firms must follow. 

Violations of the following laws can result in companies being held liable for injuries:

  • N.Y. Labor Law 200: This law requires construction firms to provide safe working environments for employees. This broad law refers to the construction process itself and any machinery and equipment being utilized. 
  • N.Y. Labor Law 240: This law requires construction firms and employers to provide adequate fall protection for workers who perform jobs off the ground. This law is in place to prevent falls and keep construction employees from working with unsafe ladders or scaffolding.
  • N.Y. Labor Law 241: This law outlines safety measures that construction firms and contractors must follow to keep workers safe. This law applies to all phases of construction work, including excavation, construction, and demolition. This law provides specific measures that must be taken, such as installing barriers around construction elevators and eliminating slipping hazards.

 

These laws are in place to keep Manhattan construction workers safe, and violations can result in serious injuries. Construction firms can be held liable for accidents if these laws are not adequately followed.

Most Common Types of Construction Accidents

Most Common Types of Construction Accidents

While a variety of accidents take place at construction sites, some incidents are more common than others. Careless behavior, unsafe working conditions, and faulty equipment all contribute to construction site injuries. Injuries range from minor to severe, and the medical care necessary varies depending on the nature of the accident. 

The most common types of construction accidents in Manhattan include:

  • Ladder accidents: Faulty or improperly secured ladders can lead to falls, resulting in severe injuries, including broken legs and head trauma.  
  • Roof accidents: It is common for workers to fall off roofs or for unsecured objects to fall from a roof to people working below. 
  • Crane accidents: The size and weight of cranes can cause a range of injuries to the operator, bystanders, or other workers. Cranes must be correctly maintained, and operators require the proper training.  Firms can be found liable in crane accidents if maintenance or training violations occur. 
  • Harmful working conditions: There are a variety of working conditions that can result in injuries, including weather-related safety concerns, chemical hazards, and improper safety equipment. 
  • Vehicle accidents: Many construction projects require the use of heavy-duty vehicles, including dump trucks, semi-trucks, and vans. Accidents involving construction vehicles can injure the driver, passengers, or pedestrians.
  • Scaffolding hazards: Scaffolding is a vital component of most construction projects by allowing workers to work on tall buildings or structures. If the proper safety features such as safety nets and guardrails are not provided, serious accidents can occur.

This is not a comprehensive list of New York construction accidents. Construction sites present a variety of hazards that can result in a variety of injuries.

Steps To Take After a Construction Accident

Car Accidents in NYC

Workplace accidents are often traumatic. While you may feel shocked, pain, and confused after a construction-related incident, it is crucial to take a few steps to ensure you get the proper care. 

Follow these steps following an incident to protect your health and your financial future:

  1. Seek medical help: Many construction injuries require immediate medical help. You should visit a doctor even if you do not think your injuries are serious. Documenting the nature of your injuries is a crucial component if you want to seek financial compensation. 
  2. Report the incident: Contact your employer and inform them of the nature of the incident. Ask the company to make an official report and send you a copy for your records. You must tell your employer of the accident within a month if you wish to file a workers’ compensation claim. 
  3. Take pictures: While taking photos of the scene is probably the last thing on your mind after a construction site injury, it is critical to proving the nature of the situation. Take pictures of the scene and your injuries to help confirm your version of events. 
  4. Follow your doctor’s advice: Follow the advice of your doctor immediately following your accident. If you fail to follow these instructions, the insurance company may argue you were partially responsible for your injuries. 
  5. Keep records: Keep copies of all documents associated with the incident. Keep track of your medical documents, insurance company correspondence, and evidence of your injuries. 
  6. Contact a Manhattan construction accident attorney: You want to seek the help of an experienced personal injury attorney as soon as possible.

Seeking the proper medical help is the most crucial step to take immediately following an accident. If you fail to see a doctor promptly, you may be left with lasting injuries.

How a Manhattan Personal Injury Lawyer Can Help

Hiring a lawyer is critical if you want to receive compensation for the accident. Choose a lawyer experienced in personal injury cases or construction law for the best outcome. 

Here are a few ways in which hiring a personal injury lawyer can help:

Help you understand your rights:

 Most accident victims are unaware of labor laws and how to pursue compensation for workplace injuries. An experienced lawyer is familiar with construction laws and can help you understand your rights.

Analyze your case:

Your attorney will interview you and ask detailed, pertinent questions regarding the nature of the incident. It is essential to be truthful with your legal team and explain the situation in detail. Your attorney needs the correct facts to start building a case and gathering evidence.

Communicate with insurance adjusters:

A claims adjuster is an individual who investigates claims and determines if you should receive compensation from the insurance company. Your attorney must communicate with the adjusters on your behalf. Lawyers are familiar with the tactics used by insurance companies to deny claims. A Manhattan construction accident attorney can display the details of your accident in a way that will be received favorably.

Pursue compensation:

A car accident lawyer in Manhattan will work with the insurance company to get you the best settlement offer possible. They will analyze the offers and have the experience to recognize low-ball settlements.

Provide advice on legal strategies:

There are numerous ways to pursue compensation after a construction accident. Your lawyer can review your case and propose strategies for getting the compensation you need.

Represent you in court:

You may decide to sue the company that caused your workplace injury. Hiring an experienced lawyer is essential if you plan to pursue legal proceedings. Your lawyer will advise you in all aspects of the case, including gathering evidence, interviewing witnesses, preparing legal documents, and preparing for court.

Types of Construction Accident Compensation

Types of Construction Accident Compensation

Pursuing a third-party personal injury claim may be possible if a construction firm or equipment manufacturer was responsible for the construction accident. You may be awarded compensation for medical costs, lost wages, pain, and suffering, and long-term care in a personal injury claim. 

New York state law also requires construction companies to have workers’ compensation insurance, another avenue for seeking medical compensation.

If you’ve suffered a workplace injury, you may be eligible for the following benefits:

  • Medical benefits: The most common type of compensation awarded in construction accidents is to cover medical expenses. Depending on the nature of your claim, you may receive compensation to pay for hospital care, doctor’s visits, surgical procedures, medical equipment, and medications. Keep in mind that you need to see a specific doctor or visit an approved medical facility if you plan to seek workers’ compensation.
  • Income benefits: If you cannot work for a while following your accident, you may be eligible to get compensation to replace your lost wages. How much you receive depends on various factors, including your salary before your accident, the nature of your injury, and how long you are out of work. There are four types of income benefits available: total temporary, partial temporary, permanent total, and permanent partial. Your legal team can help you determine which type of income benefits you may be eligible for.

You may also receive money for pain and suffering. While this is not awarded in every case, it is given in cases that result in significant, long-lasting injuries.

Frequently Asked Questions About Personal Injury Law

Many construction accident victims have questions regarding a personal injury case. Here are answers to some of the most common questions:

What Should I Do if I Have an Accident at Work?

After a construction accident, the most important thing to do is seek medical care. Tell your doctor you were injured on the job and ask them to document your injuries adequately. After you’ve received medical care, tell your company about the incident. Your company may deny the accident happened if you wait too long to report the incident. The final step is contacting experienced personal injury attorneys in Manhattan to discuss your legal options.

Who Pays for Medical Expenses for Workplace Injuries?

As dictated by New York law, all workplace accident victims can file a workers’ compensation claim. All New York construction firms must carry workers’ compensation insurance for workers. Your company’s carrier must pay for your medical expenses and lost wages in many cases. You may also have the right to file a lawsuit against the property owner or an equipment manufacturer.

What Should I Consider When Hiring a Manhattan Construction Accident Attorney?

Who Pays for Medical Expenses for Workplace Injuries

Choose a car accident lawyer in Manhattan who listens to your concerns and has a good track record. It would be best if you worked with a lawyer who is experienced in construction accidents or personal injury cases. Set up appointments with a few law firms and ask questions about prices, customer service, and retainer agreements at each meeting. You should ultimately hire an attorney who you think will best represent your interests.

Can I File a Lawsuit if I am Receiving Workers’ Compensation Benefits?

Personal Injury Lawyer in New York NY

It is possible to sue a person or entity while receiving workers’ compensation benefits if you can prove that someone other than your employer is liable for your injuries. However, most employees require workers to sign an agreement that they will not sue after an accident if receiving benefits.

What Is the Statute of Limitations in a Construction Accident Injury Case?

The statute of limitations depends on various factors, including your location and the nature of your injury. If a public entity is liable for the accident, you must file the claim within six months of the accident. However, lawsuits can generally be filed for up to two years from the accident date. Some courts might allow workers to file a claim late if the injury was not discovered until a significant period after the accident occurred.

Contact Manhattan Personal Injury Lawyers

Manhattan Personal Injury Lawyers

Are you looking for a Manhattan personal injury lawyer or a car accident lawyer? Look no further than William Schwitzer & Associates. We are experienced in many types of law, including personal injury, construction accident injuries, and car accidents. Our attorneys are familiar with New York laws and will fight to get you the compensation you deserve. Don’t wait any longer to seek help from a Manhattan construction accident attorney. Contact us today to set up a no-obligation consultation with a Manhattan personal injury attorney.