Construction Site Accidents
Michael W. Goldstein, a New York construction accident injury lawyer, represents construction workers who are injured during demolition or construction activities, or other activities in the course of their employment.
Construction site accidents in New York may involve many of the same principles of negligence that govern other personal injury cases, but may also involve the New York State Labor Law, as well as other rules and regulations. Construction site accidents may be caused by the client falling from a defective ladder or scaffolding, the property owner’s failure to provide required safety belts or other safety equipment, objects falling from heights and striking the plaintiff, improper operation of construction vehicles such as a truck, back hoe, bulldozer, etc., or other dangerous conditions created by the property owner, general contractor, subcontractor, or any company other than the injured person’s employer.
As a New York personal injury lawyer experienced in New York construction accident litigation, our firm aggressively represents personal injury clients who sustained serious injuries as a result of many types of construction site accidents and demolition site accidents in New York State, including:
• Worker Struck By Falling Object
• Falls From Defective Ladder or Defective Scaffolding
• Falls from improperly positioned ladders, or ladders placed on a floor that is uneven or not level
• Scaffolding accidents
• Accidents involving defective hoists
• Construction elevator accidents
• Crane accidents
• Back hoe accidents
• Worker struck by a construction vehicle, such as a truck, back hoe, bulldozer, etc.
• Various construction accidents caused by dangerous construction site conditions, or other unsafe working conditions
• Violations of worker safety rules including OSHA
• NYS Labor Law accident cases
• Other construction accidents and demolition accidents
In New York State, owners and general contractors of construction sites and demolition sites are required to maintain a safe work place. Workers engaged in demolition or construction activities are entitled to have a safe place to perform their work. If an accidental injury occurs at a demolition or construction site, the injured worker may be entitled to sue the owner and general contractor for failing to provide safe ladders, scaffolding, or other safety equipment, or for other improper or negligent conduct.
Construction and demolition accidents often cause serious injuries, such as fractures, amputations, crushed arms or legs, spinal cord injuries, traumatic brain injuries, paraplegia, quadriplegia, or even death.
When an employee is injured in the course of his or her employment, New York Workers’ Compensation Law requires the employer to provide insurance coverage for the injured worker’s hospital and medical expenses, and a portion of the lost wages (subject to limitations). Also, in certain circumstances, the injured worker may be entitled to other benefits under the NY Workers’ Compensation Law. These benefits, however, do not compensate the injured employee for pain and suffering, or for many other elements of damages that a plaintiff typically seeks in a personal injury lawsuit.
New York State Law provides that an employee injured in the course of employment cannot sue his or her employer for money damages caused by the work related accident. Therefore, if an employee who is covered by the New York Workers’ Compensation Law is injured in an on the job injury, he or she generally cannot obtain monetary damages for pain and suffering, future wage loss, etc., unless another person or company (other than the employee’s employer or co-worker) is partially or totally responsible for causing the accident.
If another person or company was negligent, or failed to provide safe ladders, scaffolding, or safety equipment at a demolition or construction site, and those acts or omissions caused or contributed to causing the worker’s accident and injuries, that “third-party” may be responsible for the injuries sustained by the injured worker. Examples of potential non-employer defendants who might be legally liable for the worker’s injuries include the property owner, the general contractor, a sub-contractor, a manufacturers of defective equipment, and other people or companies who created the dangerous conditions that caused the accident.
As an experienced New York personal injury attorney and New York construction accident attorney, Michael W. Goldstein will analyze the facts of your construction or demolition related accident case, and seek to determine the viability of a third-party lawsuit against the non-employer entity whose negligence, or other acts or omissions, may have caused the dangerous conditions that led to the accident.
New York State is a comparative negligence jurisdiction. Therefore, when an accident in New York State is caused either partially or completely by the defendant’s negligence, even if the injured plaintiff was partially at fault, the plaintiff is entitled to recover monetary damages for the injuries sustained, however the amount recoverable will be reduced by the percentage of fault attributable to the plaintiff.
MEDICAL & HOSPITAL EXPENSES & LOST WAGES
There are extremely short time limitations for filing an application for New York State Workers’ Compensation benefits for medical and hospital expenses, loss of earnings, and other benefits available under the NYS Workers’ Compensation Law. If you file the Application for Workers’ Compensation benefits yourself, we recommend that you make sure to list all of your injuries, and that you keep a copy of the filed form, and give us a copy.
HOW WE CAN HELP
If you or a loved one was seriously injured in a construction accident in New York State, it is extremely important that your New York accident lawyer take all steps necessary to ensure that you will be able to recover for your injuries. We zealously represent all of our clients who were seriously injured in demolition or construction accidents. We investigate the facts and circumstances of each accident, and gather evidence needed to prove the cause of the accident, and identify the responsible party. We believe that our diligent and careful investigation, legal analysis and pretrial discovery enables us to establish the true cause of the accident, and prove that the responsible party (other than the employer or coworker) is liable for the injuries sustained.
FREE CONFIDENTIAL CONSULTATION
If you have been seriously injured due to an accident, and would like to discuss your case with a New York Accident Lawyer, call our office for a free confidential consultation, or complete our questionnaire.
Visiting our website, submitting any information via questionnaire or email, or discussing your case with us does not create an attorney-client relationship. An attorney-client relationship with our law firm can only be established with the signing of a written retainer agreement prepared by our law firm.
Under New York law, in the event there is no recovery in a contingency fee case, the client is responsible for the expenses of the litigation, including court costs and disbursements.
Prior results do not guarantee or predict a similar outcome with respect to any future case or legal matter.
NEW YORK ACCIDENT ATTORNEY DISCLAIMER
The New York personal injury, accidental injury, serious accident, or other personal injury legal information contained in this website is not intended to constitute legal advice, nor to create an attorney-client relationship or lawyer-client relationship. We recommend that you discuss your accident case with a New York Personal Injury Attorney or New York Injury Lawyer promptly, since there are strict time limitations that apply to New York personal injury cases.
This website is not intended to solicit clients for accident cases outside of New York State. However, we do represent accident victims who live outside of New York, who sustained fractures or other serious injuries in a motor vehicle collision, hit & run accident, uninsured motorist accident, under-insured motorist collision, motorcycle collision, pedestrian accident, bicycle accident, roller blade accident, in-line skating accident, premises accident, trip & fall accident, construction site accident, or on the job accident that occurred in New York State, as well as wrongful death or accidental death caused by a NY accident.
New York Personal Injury Lawyers and Attorneys New York representing accident victims who have sustained serious injuries in New York City, Manhattan, Bronx, Brooklyn, Queens, Staten Island, Long Island, Nassau County, Suffolk County, Westchester County, Rockland County and upstate New York.
Law Offices of Michael W. Goldstein, a New York personal injury law firm