Accidents can occur at any moment in the fast-paced construction industry, jeopardizing lives and jobs. With the help of a construction accident law firm, you may successfully navigate the legal system in your pursuit of compensation and justice. First, let’s discuss the most important parts of working with these experts in the field of law.
Serious injuries and property damage can result from construction accidents; if another party’s carelessness or mistake caused your harm, you may have a claim for compensation. Protect your rights and strengthen your claim with the assistance of a construction accident attorney.
Search engine results show that New York, NY, is home to numerous construction accident legal companies. Here are a few highly recommended ones:
With over a century of combined expertise, the attorneys at The Barnes Firm have made it their mission to aid victims of construction accidents in New York City. They stand behind their work with a no-fee guarantee and a complimentary case review.
P.L.L.C. The Perecman Firm: This law company has been helping victims for more than 30 years, and they’ve gotten some of the biggest settlements and verdicts in New York. They provide free consultations and handle all kinds of building accident situations.
One of the best personal injury legal companies in New York is Block O’Toole & Murphy. They’ve helped clients collect over a billion dollars. They will have three of the largest construction accident settlements in the Northeast in 2020 and a wealth of experience representing construction workers.
These are only a handful of the numerous law firms in New York, NY, that specialize in construction accident cases.
What are some common construction accidents?
Accidental falls: Working from elevated locations like rooftops, scaffolding, or ladders is a common occurrence for construction workers. Nearly one-third of all injuries sustained on the job site are the result of falls from heights, making this the most common type of construction accident. Another common cause of falls on the job is employees tripping over spills, dirt, or uneven surfaces. Workers should use guardrails and fall protection gear like harnesses to avoid falls, and they should also observe all safety protocols when using ladders and other machinery.
Near-misses: Tools, materials, and vehicles can cause construction workers to lose their balance and tumble to the ground. A large number of construction site fatalities can be attributed to struck-by accidents. Workers should secure tools to their belts or harnesses, wear appropriate eye and head protection, and maintain a safe distance from moving items and hung loads to prevent struck-by events.
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Construction workers face the risk of electrocution due to the presence of power lines, generators, or damaged wiring. Fatalities, cardiac arrest, nerve injury, and burns are all possible outcomes of electrocution. Workers must wear the necessary PPE, including boots and gloves, de-energize equipment before handling it or being in close proximity to it, and stay away from water and damp surfaces to avoid electrocution.
Incidents involving personnel caught between moving or falling objects are a real possibility in the construction industry. Fractures, amputations, crush injuries, and even death can occur in events where people are caught in the middle. Avoiding getting caught between moving objects or heavy machinery is the best way to keep employees safe on the job. Also, make sure they don’t have any jewelry or long sleeves that could become entangled in anything moving.
Construction workers run the risk of tripping over damp floors, unsecured objects, paint or other liquid spills, oil dripping from a truck, ice patches caused by a broken pipe, or dim lighting, among other hazards. A sprain (like an ankle sprain), a strain (like a back strain), bruises (like black eyes), cuts (like abrasions), fractures (like shattered bones), concussions (like a brain injury), or even death can result from a trip or fall. Keeping work spaces free of clutter, wearing slip-resistant shoes, wearing bright colors to boost visibility, and reporting risks to supervisors are all good ways to prevent trips and slides.
These are among the most typical types of construction site accidents. Yet, construction workers confront a plethora of other dangers, including but not limited to: fire, explosions, automobiles, demolition, overwork, collapsed ground, forklifts, cranes, and chemical exposure. Consequently, construction workers must be alert to these dangers and adhere to the rules and regulations established by their employers and the Occupational Safety and Health Administration (OSHA).
What should I do after a construction accident?
The following are things you should do after a construction accident if you want to safeguard your rights and receive fair compensation:
Get some medical help for your wounds. See a doctor right away, regardless of how little you think your injuries are. Even if you don’t feel any pain at first, your injury could get worse or lead to difficulties later on. Your best bet for a diagnosis, medicine, and treatment plan is to see a doctor. Physical therapists and occupational therapists are examples of specialists who may be necessary to assist you in your recovery from injuries.
Notify your employer of the injury. If the injury was sustained on the job, you should notify your employer without delay; ideally, you should do it within 24 hours. Your supervisor or manager on the job site should also be informed about the injuries. You can expedite the filing of a workers’ compensation claim and the receipt of benefits by reporting the injury immediately. Document everything that happened in the accident report, including the time, place, people involved, and injuries you felt.
Collect data pertaining to the mishap. Photos of the site, testimonies from witnesses, medical records, invoices and receipts for medical expenses, and other documentation that demonstrates how the accident happened or who was at fault should all be collected in order to bolster your claim. As your health and treatment progress, it is important that you document any changes.
Talk to a lawyer who focuses on instances involving construction accidents. Talking to a lawyer after a construction accident might help you figure out what to do next. If you are eligible for benefits under state law, an attorney can also assist you in submitting a workers’ compensation claim. In the event that you need to take legal action against another party—be it a different employer, contractor, subcontractor, property owner, or maker of faulty equipment or materials—an attorney can also serve as your representative.
It may be required to submit an appeal. Your workers’ compensation insurer or adjuster may provide an appeals process within which you can voice your disagreement with their decision on your claim or benefits. To formally contest an administrative agency’s decision, one must file an appeal and submit additional evidence or arguments. It is recommended to get legal counsel prior to submitting an appeal due to the time and money it can consume.
Following a construction accident, it is important to follow these measures. Taking these measures can help you avoid more harm and get just recompense for your losses and injuries.
How can I report a construction accident?
The type and severity of a construction accident dictate the appropriate method of reporting it. If an employee dies on the job, gets sick from a work-related illness, has to have a limb amputated, or loses an eye, the employer must inform OSHA. Notify authorities within 8 hours of a death and within 24 hours if you have been hospitalized, amputated, or lost an eye. To report these events, you can either go online, call the 24-hour OSHA hotline at 1-800-321-6742 (OSHA), or contact your local OSHA office.
It may be necessary to complete and submit a construction incident report form to your employer, insurance company, or other appropriate parties in the event of certain types of construction incidents, such as those requiring just first aid, medical attention, recording, reporting, or loss of time. Information about the accident, including its time, place, description, cause, remedy, and participants’ contact details, can be recorded in a construction incident report form. Use the one given to you by your company or organization, or go online for some samples of incident report forms for construction.
There are a number of reasons why it’s crucial to report a construction accident. You can get the care you need and financial recompense; your employer can boost its safety record and reputation; and you can avoid fines and violations from OSHA if you follow these steps. That is why it is critical to report and follow all necessary protocols in the event of a construction disaster.
How much does it cost to hire a construction accident attorney?
Several factors determine how much it will cost to hire a lawyer to represent you after a construction accident. These include the lawyer’s reputation, level of expertise, and the complexity of your case. Attorneys who work on a contingency fee basis frequently provide legal representation following a construction accident. This implies that they will not collect payment until you achieve a resolution to your case. Injury lawyers often take a percentage of your recovery as a contingency fee, which can be anywhere from 25% to 40% if the case settles out of court, goes to trial, or even goes to appeal.
However, the contingency fee does not always cover all of your out-of-pocket expenditures. For example, you could have to pay for expert witness fees, travel expenses, paperwork, and court filing fees. These costs might change as your case progresses and takes different forms. You might be asked to pay these costs up front by some lawyers, and others might ask you to deduct them from your settlement. Before selecting a lawyer, it is important to inquire about their payment policies and cost structure.
A lawyer’s fees will add up to more money spent on the accident, but they can also boost your chances of receiving just recompense for your suffering. You can get assistance with dealing with insurance companies and other parties, as well as representation in court, from a competent and experienced construction accident attorney. As a result, when you choose a lawyer, you should think carefully about your needs and budget to determine which one is best.
How do I know if I have a valid construction accident claim?
Three things must be considered in order to determine if a construction accident claim is valid: the nature of the accident, the degree of carelessness, and the extent of the damages.
What kind of mishap did you experience? An on-the-job occurrence must have caused your physical injury. You might have a case if, for instance, you were hurt in a fall, a strike-by-accident, or a slip-and-fall on a building site.
Concerning the carelessness: To recover damages after an injury, you must show that another party was negligent. Anyone with authority over the building site could be considered a party in this category, including your employer, the general contractor, the subcontractors, the owner of the property, and so on. You have the burden of proof to establish that their breach of reasonable care resulted in your harm.
What happened to you? You must prove that your injury resulted in monetary damages. You may incur expenditures associated with your recovery, such as medical bills, missed income, pain and suffering, disability payments, and more.
You might have a case for a legitimate construction accident claim if you meet these requirements. Nevertheless, there might be issues or exceptions because every circumstance is unique. Consequently, you should go to a lawyer who specialises in building accidents so they can assess your case and give you advice.
What is the average settlement for a construction accident?
The typical settlement amount for a construction accident is difficult to pin down due to the fact that every case is different and influenced by a multitude of circumstances. Injury type and severity, financial impact (both in terms of medical bills and missed wages), party responsibility and liability, and the quality of the evidence and arguments presented in court are all relevant considerations.
But you may acquire a ballpark figure for the range of settlements achieved or won in construction accident cases by looking at some search results online. Cases often settle for six figures or more; others may only reach settlements for five figures. The settlement amounts for some construction accidents might exceed eight figures.
Some of the most high-profile 2020 New York construction accident settlements, according to one source, included:
- a worker who was injured after falling from a scaffolding $110 million
- forty-one million dollars to an employee whose brain was crushed when a falling object hit him.
- $12 million for a man who lost a limb when a truck ran him over.
Settlements in cases involving construction accidents can include amounts such as these. Nonetheless, they make no promises regarding the final decision in any individual case. A skilled construction accident attorney can assess your situation and inform you of your legal choices; they are also the best people to ask about the potential value of your claim.
What is the statute of limitations for a construction accident claim?
The period by which you must file a claim for damages in the event of a construction accident is known as the statute of limitations. Your specific claim type, the state in which the accident happened, and other factors will determine the applicable statute of limitations. In order to safeguard your rights and evaluate the relevant statute of limitations, it is crucial to seek the advice of a competent construction accident attorney without delay following your accident.
It is customary to inform your employer of your injuries within a specific time frame, usually between 30 and 60 days but occasionally less, if you intend to seek workers’ compensation payments from your employer or their insurance provider. There is a deadline for workers’ compensation claims that you must meet, which can be anywhere from one to three years (though it can be longer or shorter in some cases). The specific dates could change based on your state and the seriousness of your injury.
You usually have to file a personal injury lawsuit within a certain period of time, usually ranging from one to six years, but sometimes more or less if you are suing a third party, like another contractor, subcontractor, property owner, or equipment manufacturer, for causing or contributing to your injury. The specific due dates could change depending on your state and the nature and origin of your injury.
Claims for wrongful death: In the event that a loved one’s death resulted from a construction accident, it is customary to start a wrongful death case within a specific time frame, which can range from one to three years (though occasionally longer or shorter). The specific due dates can change depending on the plaintiff’s relationship to the decedent and the state in which the decedent lived.
The following are some instances of statutes of limitations for claims involving construction accidents; however, they are not meant to be comprehensive or final. The discovery rule, the tolling rule, the notice of claim rule, and the statute of repose are among the elements that can lengthen or shorten the statute of limitations. These rules may have an impact on the start, stop, or expiration of the statute of limitations. Consequently, you should consult a construction accident attorney who can assess your unique situation and provide guidance on how to proceed.
Conclusion
Finally, it takes skill and commitment to deal with the legal fallout from a construction accident. The injured can get direction and support from a respectable construction accident law firm. Victims can protect themselves and get the money they deserve by learning the ins and outs of the situation and being proactive.