Have you been injured on a construction site in Staten Island? You may have a right to seek compensation from the responsible party.
Our attorneys at William Schwitzer & Associates, PC, are dedicated to helping you move forward from this event. Dial 212-683-3800 for your free case evaluation with a Staten Island construction accident lawyer.
Construction accidents can happen for various reasons. They can result from worker error, a construction manager’s oversight, or a freak accident. But if your construction site accident happened while completing job duties, you have a right to workers’ compensation benefits — regardless of who was technically at fault.
The following are examples of the more common causes of construction accidents in Staten Island:
These accidents can lead to injuries ranging from mild to severe. In the worst cases, Staten Island construction accidents result in fatalities. According to NYC.gov, construction accidents account for 27% of all work-related fatalities in New York City. Construction fatality rates are approximately five times higher than fatalities in other industries.
If your accident happened at work or while completing job duties, you can seek compensation through a workers’ compensation claim. But before you file your claim, ensure you understand the process and whether it’s the right option for you. Holding your employer directly liable through a lawsuit could allow you to secure even more compensation, depending on the accident circumstances.
Practically every employer in New York City must provide workers’ compensation benefits to their employees. Because workers’ comp is a no-fault system, it doesn’t matter whether you were technically at fault for the construction accident. As long as it happened within the scope of your job duties, you’ll qualify for these benefits.
Begin the workers’ compensation process by reporting the incident to your employer. They should give you a form to fill out to file your claim. They’ll also need to complete a portion of the form before sending it to their insurance company.
Worker’s comp will cover the economic expenses directly related to your accident, including your past and future medical bills and time off work. You must keep detailed records of these expenses.
When you file a workers’ compensation claim, you effectively remove your employer’s liability for the accident. You can’t sue them after seeking workers’ compensation benefits.
However, you may be able to hold a third party liable for the accident, enabling you to seek workers’ comp benefits and additional damages through a lawsuit. You would need to pinpoint a party other than your employer as being directly responsible for the accident.
This third party may be:
You’ll want to consult a Staten Island construction accident lawyer before filing your workers’ comp claim to approach this process strategically. Your attorney can also advise whether you can hold a third party liable for the construction accident.
Did you fall from a scaffold on your construction site? You may be able to hold your employer fully liable for the accident.
New York State Labor Law 240, known as the Scaffold Law, requires construction managers to place safety railings around scaffolding that is 20 feet or higher off the ground. These railings must be at least 34 inches high to prevent falls.
If your scaffolding did not have a safety railing or any other protective measures, the construction site may have been in violation of labor laws. You should report this violation to the Occupational Safety and Health Administration. Then, contact a Staten Island construction accident lawyer to learn how to hold your employer liable for your injuries.
The construction accident claims process may sound exhausting if you’re dealing with serious injuries and a lengthy recovery. Allow our experienced attorneys to take the burden off your shoulders by leveraging their experience in handling construction site accident cases like yours.
Call William Schwitzer & Associates, PC, today at 212-683-3800 for a free case evaluation. We’re available 24/7 to assist you.
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Workers’ compensation does not cover pain and suffering in New York. You would need to seek these non-economic damages through a lawsuit or a claim against your employer.
You may consider a construction accident lawsuit if a third party was liable for your construction accident or your employer was fully responsible, such as if they were in violation of the Scaffold Law.
The statutory deadline for workers’ compensation claims in New York is two years from the accident date. Contact a Staten Island construction accident lawyer as soon as possible to start your claim and avoid missing this deadline.