Have you been injured at a construction site in the Bronx? In order to get the most money possible under the law, you will need the help of an aggressive lawyer who has experience fighting insurance companies in the Bronx. The lawyers at Haicken Law are former employees of insurance companies. We have been behind enemy lines and know how insurance companies fight construction accident cases.
We would like the opportunity to represent you on your Bronx construction accident case. Please call for a free consultation. Time is of the essence. Delays could hurt your case.
Construction accidents can be devastating. The injuries can leave you unable to work and unable to provide for your family. An experienced Bronx injury lawyer can help you navigate the system to make sure you are taken care of. Our lawyers can:
New York City Construction Accident Lawyer
Most workers are at construction sites are hired by subcontractors – electrical, plumbing, iron work, carpentry etc. The general rule in New York is that you can’t sue your employer. You get workers’ compensation benefits from your employer’s insurance company. Workers compensation covers a set amount of your salary and all of your medical bills. In order to get your bills paid and your wages paid, you have to go through a very complex administrative law system. We can help you through this process with one of our workers’ compensation lawyers. You do not have to prove that anyone was at fault for the accident. There does not need to be any showing of negligence. If you are hurt on the job, you are entitled to these benefits. The medical benefits can potentially go on for the rest of your life.
In addition to workers’ compensation benefits, you may also have a personal injury accident case against other entities such as other subcontractors, the building owner, and the general contractor.
Under New York Labor Law 240, the building owner and general contractor are responsible for worksite safety. The general rule is that workers injured in a “gravity related” risk, while doing construction work do not have to prove fault. They are entitled to what is called “absolute liability.” This means that even if the worker is 99% at fault for causing her own injury, she wins her case against the building owner and general contractor. The defendants – the building owner and general contractor – cannot use comparative fault as a defense in construction accident cases.
What Is Needed To Prove Liability In Construction Site Accidents?
The usual defenses in a slip and fall such as “The plaintiff wasn’t paying attention, ” or “The plaintiff should have seen the defective condition” do not work in construction site accident cases.
Labor law 240, commonly known as “The scaffold law” has protections for workers who fall, and for workers who are injured when objects fall on them.
Workers are also protected under Labor Law 241(6) for other types of injuries that do not involve falls from heights or objects falling on workers. This section of the law is for more traditional accidents such as trip and falls on uneven surfaces at a construction site.
Crane Accident Lawyer
Even though the law is very much in favor of the workers as far as proving liability or fault, the case value still depends largely on the injuries.
Yes, absolutely. A typical example is to get workers’ compensation benefits from your employer, a subcontractor, and also have a personal injury construction accident lawsuit against the building owner and general contractor. At the end of the case, the workers’ compensation insurance company will have a lien on the accident settlement. This means that the workers’ compensation insurance company will be able to get money back that it spent on your medical treatment on lost wages. They won’t be able to get it all back. An experienced Bronx construction accident lawyer can negotiate with the workers’ comp. insurance company to make sure that you get to keep as much money from your settlement as is legally possible.
Yes, if you are working on a construction site owned by any sort of government entity or authority such as the Transit Authority, you only have 90 days to file a notice of claim. A lawsuit must then be commenced within a year and 90 days of the accident.
Nyc Healthcare Construction Jobs Increase Could Lead To More Accidents
Most personal injury cases have a three-year statute of limitations or time deadline to file a lawsuit. However, it’s best not to waste any time. The sooner you file, the sooner you could get paid. Also, the workers compensation system has an entirely separate set of important deadlines.
The insurance companies and lawyers who work on Bronx accident cases take them very seriously. They will do everything possible to delay and deny your injury claim. It’s best to have an aggressive law firm, of former insurance lawyers on your side. The lawyers at Haicken Law are ready to help you get justice for your injuries.Construction workers are subject to some of the most extreme dangers found in any workplace. Building site workers in the Bronx experience a wide range of serious injuries every day. That said, if you’re one of them, our firm is here to help. Contact a dedicated Bronx construction accident lawyer from James Newman, P.C. today.
Under New York law, the majority of construction site injuries are covered by workers compensation. What you may not know is that if your accident occurred because of the negligence of a supervisor, the equipment you were using was defective or the property owner did not comply with OSHA requirements, you may be able to file a separate personal injury lawsuit. A competent New York City personal injury lawyer from James Newman, P.C. can help you seek maximum compensation against responsible third parties and help you close the gap between your workers comp benefits and the real cost of your injury.
What Are The Most Common Causes Of Construction Accidents In Bronx, Ny?
There is little doubt that construction sites and construction jobs are inherently dangerous. The use of power tools, scaffolding, trucks moving through tight spaces, falling debris and electrical wires can spell catastrophe. As a carpenter, welder, ironworker, electrician, plumber, roofer or other construction site employee, whether you are a contractor or subcontractor, you are expected to take reasonable precautions. Nonetheless, property owners, general contractors, sub-contractors and even manufacturers of the tools of the trade are all responsible for ensuring the safety of construction site workers and visitors. When they fail to do so, accidents happen and may include:
As construction accident attorneys who have practiced law in the Bronx for nearly 30 years, we know that New York is constantly building and rebuilding itself. We also know that the people who make this one of the most dynamic cities in the world can suffer the greatest harm when responsible parties are negligent or careless. If you or a family member has been the victim of a construction accident, whether you are receiving workers’ compensation or not, contact us to find out how we can help you get everything you deserve for serious or catastrophic injuries, including:
Under the New York Labor Law Sections 240 and 241, those who work from heights on ladders or scaffolding are afforded special consideration. You may be able to hold contractors, supervisors, property owners and others responsible for your accident — even if you were partially at fault — when injuries occur during the construction, repair or demolition of a building or structure and involve the use of:
What A Construction Accident Lawyer In Bronx Does
If any of the above devices were not constructed properly, were placed incorrectly, were operated in such a way that proper protection was not provided or if the accident was elevation-related, you may be able to make a claim against the third party (other person or company) responsible.
OSHA’s role is to ensure the safety of all workers in the United States. OSHA has created regulations to govern the safety of most industries, including construction. When employers cut corners and violate OSHA regulations, they can face large fines and other penalties. These violations are often discovered during OSHA inspections. If a violation led to your injury, a New York City personal injury lawyer from our firm will use all available evidence to prove the violation in court and hold your employer liable for the costs of your injuries.
If you have been hurt, you should notify your employer immediately and request medical attention. Once you have been seen by a doctor, you should contact a Bronx construction injury lawyer to learn your rights. All New York workers’ compensation claims must be filed within two years of the date of the accident, and personal injury claims must be filed within three years of that date.
Bronx Construction Accident Attorneys
The New York State Workers’ Compensation Board’s website is an excellent resource. Workers injured in the Bronx are covered by the Manhattan District Office located at 215 W. 125th Street. You can reach this office by calling 800-877-1373. All mail should be sent to PO Box 5205, Binghamton, NY 13902-5205. We urge you to speak with an attorney before filing your claim.
In most cases, your employer will be held responsible for your construction accident under workers’ compensation law whether your negligence or theirs contributed to the accident. In cases where
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