The #1 Local Bronx Construction Accident Lawyer
According to official data, over 550 construction workers sustained workplace accidents in NYC in 2022. If you work in construction and suffered a worksite injury, contact a Bronx construction accident lawyer and start working on your claim today. The skilled attorneys of Dervishi Law Group, P.C., will investigate your case, evaluate your claim’s worth, and work hard to help you collect suitable compensation.
Common Types of Construction Accidents
Construction is one of the riskiest industries in the U.S. Falls, such as scaffolding, ladder, and roofing accidents, occur frequently on construction sites and account for 36.4% of the total workplace fatalities in the industry, according to the CDC. Apart from falls, construction workers often suffer:
- Crane and hoist accidents
- Forklift accidents
- Fires and explosions
- Heavy machinery accidents
- Power tool accidents
- Exposure to toxins
- Impact from heavy falling objects
- Repetitive stress injuries
Construction accidents often cause devastating long-term or lifelong injuries like spinal cord damage, traumatic brain injuries, limb amputations, and permanent disfigurement.
Bronx Lader Accident Lawyer
Our experienced team of legal experts specializes in ladder accident cases, and we are committed to providing top-notch representation to each client we serve. With years of experience in personal injury law, we have successfully handled numerous ladder accident claims, achieving substantial settlements and verdicts for our clients.
When you choose us as your legal advocates, you can rest assured that we will tirelessly fight for your rights. We will conduct a thorough investigation to establish liability and meticulously prepare your case for the best possible outcome. Our compassionate approach ensures that you receive the support you need during this challenging time.
Bronx Scaffold Accident Lawyer
We have successfully represented numerous clients in scaffold accident claims, securing significant compensation for their injuries and losses.
With compassion and tenacity, we will stand by your side throughout the legal process, providing personalized attention to your unique case. Our relentless pursuit of justice ensures that negligent parties are held accountable for their actions.
If you or a loved one has been injured in a scaffold accident, don’t delay seeking legal help. Contact us today for a free consultation, and let us help you begin your journey towards recovery and justice.
Bronx Crane Accident Lawyer
We know how overwhelming the aftermath of a crane accident can be, and we are committed to providing compassionate and personalized support to our clients. Our in-depth knowledge of construction laws and regulations allows us to build strong cases that hold responsible parties accountable.
Our dedicated attorneys have a proven track record of successfully representing clients in crane accident claims, securing substantial compensation for their pain, suffering, and losses.
Falling Object Injuries in The Bronx
Falling object injuries can occur in various settings, from construction sites to public places, and the aftermath can be devastating. Medical bills, lost wages, and physical pain can burden victims and their families. That’s where we step in.
With years of experience in personal injury law, we have successfully handled numerous falling object injury cases in The Bronx, NY. Our attorneys have a deep understanding of the legal complexities involved and will work diligently to build a strong case on your behalf.
At Dervishi Law Group, P.C., we prioritize our clients’ well-being and provide compassionate support throughout the legal process. Let us be your voice and advocate for the justice you deserve.
Are You Entitled to Workers Compensation Benefits?
As an injured construction worker in NYC, you have the right to seek reimbursement through a workers’ compensation claim. New York labor laws state that all employers, including general contractors, must purchase a workers’ compensation policy that covers injured workers regardless of who caused the accident. That is, a worker can claim compensation even if their own oversight contributed to the accident.
Here’s an important fact every construction worker in New York should know: as long as you work under a general contractor’s direction and control, NY law classifies you as an employee and enables you to seek workers’ compensation benefits. An employer can’t dodge liability by misclassifying you as an independent contractor.
Two exceptions to this rule are self-employed construction workers and subcontractors. If you’re self-employed or an independent subcontractor providing separate services, you must purchase your own workers’ compensation coverage.
Additionally, some egregiously irresponsible actions, like intoxication or horseplay on the worksite, could potentially disqualify construction workers from seeking workers’ compensation benefits.
What If You’re an Undocumented Immigrant Worker?
Almost a quarter (24.7%) of all construction workers are foreign-born, according to the CDC. If you’re an immigrant worker who hasn’t settled their legal status in the U.S. yet, you may hesitate to come forward and claim workers’ compensation benefits. Please know that under NY law, any injured worker, including undocumented workers, can seek workers’ compensation.
A Bronx construction accident lawyer of Dervishi Law Group can help protect your rights and negotiate a workers’ compensation settlement on your behalf, regardless of your immigration status.
What to Do After a Construction Accident in the Bronx, NY
You may be in pain, shocked, and confused after your construction site accident. Nevertheless, you must take the right steps to protect your rights and retain your eligibility for workers’ compensation. This is what you should do after a construction injury in the Bronx.
1. Seek Medical Attention
Do this even if you feel almost fine and believe you suffered no serious harm. Some potentially fatal injuries, like traumatic brain injuries and internal organ damage, could have nearly imperceptible symptoms at first. You need a full medical check-up to be safe. You’ll also need these initial medical records to back your claim.
Follow any medical care recommendations. Keep your appointments, do the recommended lab work, take any prescription medications, and limit your physical activity if necessary. Following your doctor’s orders will protect both your health and your eligibility to file for workers’ compensation.
2. Notify Your Employer or Supervisor
You have 30 days to notify your employer or direct supervisor of your construction site injury, or you may lose your right to claim workers’ compensation benefits. We recommend reporting your accident as soon as you can in writing. Keep a log of all your communication with the relevant persons.
3. Document Everything
If possible, take multiple detailed photos and videos of the accident scene, or ask a coworker to do this for you. Focus on relevant details, like the worksite hazard that caused your accident. Collect the contact information of any witnesses, including your coworkers or anyone who saw the incident. Write down a detailed record of the accident while it’s fresh in your mind.
4. Consult an Attorney
Legal counsel may seem unnecessary if it’s obvious your injury occurred on the job, and your employer assures you their workers’ compensation provider will process your claim quickly and efficiently. However, construction workers are frequently unaware of all their rights or the potential value of their cases.
Remember, once you accept a workers’ compensation settlement, there’s no going back. An experienced workers’ compensation lawyer can let you know what you may expect and how to proceed with your claim.
What Type of Compensation You Can Expect as an Injured Construction Worker
You may be able to claim the following benefits via a workers’ compensation claim:
- Full coverage of your medical expenses, including hospitalization, surgery, prescription medication, outpatient care, medical equipment, and prospective long-term treatment costs
- Wage replacement amounting to two-thirds of your average weekly wage during your recovery period
- Disability benefits, depending on the severity of your injuries and your recovery prospects
If you’re the spouse or dependent of a construction worker who tragically lost their lives in a worksite accident, you can file for death benefits through workers’ compensation and receive weekly cash payouts equaling two-thirds of the decedent’s weekly wages. These payouts are subject to a cap, which currently stands at $1,145.
If the decedent had no spouse or dependents, their parents or estate may be able to receive a lump payment of $50,000. Death benefits also cover funeral and burial expenses of up to $12,500 in the Bronx.
Can You Also Sue Your Employer?
Workers’ compensation in NY operates on a no-fault basis. In the majority of cases, you won’t be able to sue your employer, even if you could prove that they violated OSHA (Occupational Safety and Health Administration) standards.
One exception to this rule is if your employer unlawfully operates without proper workers’ compensation coverage. In this case, you can take legal action directly against your employer.
However, you can accept a workers’ compensation settlement and still pursue a lawsuit against other parties, like property owners or manufacturers. For example, if a safety harness snapped and led to your fall, you could take action against the manufacturer. In this case, you may also be able to collect compensation for pain and suffering and other benefits that workers’ compensation doesn’t cover, like modifications to your home and vehicle.
Of course, this type of lawsuit would be a lot more complicated and take more time compared to a workers’ compensation settlement. An experienced Bronx construction accident lawyer can look into your case and let you know whether you may be able to claim damages in any other way apart from workers’ compensation.
Proving Negligence in Construction Site Accidents
If you’re only seeking reimbursement for medical costs and lost wages through a workers’ compensation claim, proving negligence is largely irrelevant. However, if you’re taking legal action against a third party, your case will hinge on proving negligence.
You will need to show that:
- The defendant was responsible for establishing worksite safety or removing hazards
- The defendant knew, or should reasonably have known, about the unsafe condition
- The defendant’s action or inaction led to your injuries
For instance, let’s say your employer hired a construction waste disposal service. This service neglected to remove a large pile of debris within a reasonable timeframe. You tripped over this debris, fell, and broke your leg. In this case, you’d likely be able to file a claim against the service.
How Long Do Construction Accident Claims Take to Settle?
This would depend on many factors, including the severity of your injury, available evidence, whether you’re only pursuing a workers’ compensation claim or also a third-party claim, whether your employer’s workers’ compensation provider disputes your claim and more.
If you suffered a severe or catastrophic injury, your Bronx construction accident lawyer might recommend waiting to file a claim until you reach Maximum Medical Improvement (MMI). In simple words, MMI means your condition likely won’t improve further. Reaching this point makes it easier to evaluate your future employability and the type of medical treatment you may need in the future.
The entire settlement process, from filing to payout, may take anywhere from a year (for a fairly straightforward claim) to several years (for a disputed claim or a case that also involves taking action against third parties).
Why Workers’ Compensation Insurance Providers Deny Claims
Encountering a workers’ compensation claim denial is a harsh blow, especially when medical bills are piling up and you can’t work because of your injuries. Insurers may deny injured workers’ claims on the grounds of:
- Failure to report the injury to the employer within the 30-day timeframe
- A delay in seeking medical attention
- Disputing the injured worker’s status as an employee (e.g., claiming they’re an independent contractor)
- Disputing the connection between the accident and the injury
- Evidence of disqualifying behavior, like intoxication on the job, on the part of the worker
Working with a competent Bronx construction accident lawyer can help make sure you follow all requirements and give the insurer no excuse to dispute your claim.
Why You Need a Bronx Construction Accident Attorney
There’s a lot of money on the table in construction accident cases. Workers’ compensation providers may challenge your case by pinning your injury on a prior condition, disputing any prospective treatment you may need, or otherwise undervaluing your claim. Employers may also discourage injured workers from pursuing compensation because every claim bumps up their insurance premiums.
A Bronx construction accident lawyer can be an invaluable ally throughout your claim process. Even accounting for any attorney’s fees, you’ll almost certainly be able to negotiate a larger settlement with skilled legal representation. Your construction accident attorney can:
- Investigate your case, including examining photos and videos, reviewing accident reports, contacting witnesses, and consulting industry professionals if necessary
- Help identify potentially liable parties aside from your employer, like property owners, architects, engineers, and manufacturers
- Handle all communications with the workers’ compensation insurance provider and defend your claim against challenges
- Assess any offers the insurer brings forward and help you make an informed decision when accepting a settlement
- Appeal a denied claim in case the insurer refuses to compensate you
At Dervishi Law Group, P.C., we fight for construction workers’ rights. Did you suffer a construction site accident? Call (718) 484-4757 or text (917) 496-8342 for quick, 24/7 response from our legal team.
Personal Injury Attorneys Bronx, NY
Have you or a loved one been hurt in an accident because someone else was careless? The Dervishi Law Group, P.C. Bronx personal injury lawyers fight hard to get you the compensation you deserve. We assist accident victims throughout New York including Brooklyn, Queens, Long Island, Manhattan, and the Bronx NY.
At Dervishi Law Group, P.C. we are known for our successful representation of accident victims throughout the New York area. If you’ve been seriously injured due to a person or company’s careless or negligent behavior, we can help you get compensation.
We are dedicated to helping our clients pursue settlements and verdicts that meet their present and future needs. Don’t hesitate to contact us in the Bronx and Queens to schedule a free consultation. We don’t charge attorney fees unless you win compensation for damages.
We will fight for your rights, whether medical malpractice, construction accident, a car accident, slip and fall, or other type of serious personal injury accident. We provide personalized, dedicated legal representation to seriously injured people in the Bronx, NYC, Queens County, Kings County, Long Island & Westchester County areas.
Dervishi Law Breaking News!
” This week Dervishi Law Group, PC & Morgan Levine Dolan partner Glenn Dolan completed a unified jury trial in the Bronx County Supreme Court, securing a $4,741,015 verdict against a single-family homeowner, a general contractor and an excavation company, on behalf of a 50-year-old construction worker who fell 11 feet into a pool excavation in the basement of a Manhattan brownstone. The evidence demonstrated the excavation partially collapsed, causing a plank that had been placed over a corner of the hole, and the worker who was standing on the plank, to fall. At the conclusion of the four-week trial, the jury determined the homeowner (who denied being present) directed and controlled the work, and the construction manager (who claimed to have quit the job two weeks before) was a “general contractor” on the date of this incident. The jury also determined the homeowner, general contractor and employer violated Sections 240, 241(6) and 200 of the New York State Labor Law, in instructing the worker to stand on the plank, and in failing to provide the requisite sheeting, shoring, bracing, safety lines and safety nets at the job site. The jury found the homeowner 10% at fault; the general contractor 50% at fault; the employer 40% at fault, and attributed no fault against the worker. Amongst other claims, defendants argued the worker delayed reporting his injuries; the CT scans, MRIs and other diagnostic studies showed negative findings; the worker’s neck, back and shoulder injuries were degenerative, and the worker exaggerated his symptoms and made a full recovery. The jury did not find defendants’ claims to be credible. Instead, the jury awarded the now permanently disabled, non-union worker a total of $4,741,015 in damages, finding he sustained numerous causally-related injuries, including a traumatic brain injury, a herniated cervical disc that necessitated fusion surgery, a herniated lumbar disc that was treated with epidural steroid injections, and a torn labrum of the right shoulder that necessitated arthroscopic surgery. While the compensation designated by the jury will not eliminate the worker’s pain and suffering, it will allow the worker the financial security necessary to continue to provide for his three children and to get the medical attention he needs. The firms of Morgan Levine Dolan & Dervishi Law Group, PC are proud to have played a role in helping to make this happen.”
” Mitch Kahn, Noah Katz, and Fatos Dervishi settled this matter for $5.3M. This case involved a 28-year-old non-union construction worker who sustained a deep wound to his left hand/thumb while using a table saw which lacked a safety guard. While in the process of cutting wood with the saw, the wood kicked out and he lost grip resulting in the saw blade lacerating his hand/thumb. Over time, he developed Complex Regional Pain Syndrome and/or severe muscle atrophy compromising the use of his left hand and arm. In addition, he sustained an injury to his lower back resulting in single level fusion.
Defendants contentions were that plaintiff was not permitted to use the table saw and was instructed not to use it before the date of his accident. Mitch was able to show through witness statements, photographic evidence, and deposition testimony that plaintiff was permitted to use all types of hand-held power tools in the course of his work including saws. Any instruction not to use the saw pre-dated the accident by several months, such that on the jobsite where his accident occurred, plaintiff was directed to and did use saws in his work.
Defendants also countered plaintiff’s damages claims by contending that plaintiff’s claim of CRPS was unfounded and that plaintiff was malingering with respect to the extent and severity of his lack of hand and arm function. Mitch showed through medical proofs that plaintiff’s injuries were longstanding and a direct result of the accident and that he developed CRPS and/or severe muscle atrophy which impacted the use and functionality of his hand and arm given the nature and type of wound sustained.
Ultimately, the case settled at private mediation with the defendants’ insurers including available 1B coverage via plaintiff’s employer due to the severity of plaintiff’s injury and factual and legal proofs established by our law firm.”
“ We are proud to have represented a Local 3 Electrician in a motor vehicle accident that settled before trial this month. The Plaintiff suffered an exacerbation of a prior injury to his lower back that required surgery. As a result of the accident he was unable to return to his job as an electrician. The defendant’s insurance company claimed the injuries were not from the accident but instead from his years of heavy construction work. As a result, the initial settlement offer was $0. After two 4 hour mediations we were able to convince the mediator and the insurance company to offer $2.5 million dollar to settle the case before trial. We feel privileged to have represented another injured New York City construction worker and get his family the money they need to cope with his devastating injuries. “
“1.4 million dollar settlement for a non-union scaffold worker who injured his head, neck, back, shoulder and both knees when a scaffold partially collapsed, leaving him dangling from a lanyard ten stories above.
A tower frame alongside a building on the Dumbo waterfront broke and swung outward, causing the scaffold worker to fall nearly ten feet over the edge, where he was found dangling from a lanyard approximately ten stories above the ground. Our investigation, including interviews with witnesses and our engineer’s subsequent inspection of the scaffold tower, revealed the couplers that secured the frames together failed, bending, breaking and causing the collapse.
The building owner and general contractor, who were responsible for furnishing safe and adequate scaffolding so as to give proper protection to the worker, were held responsible accordingly. This settlement will provide this then 37-year-old father of four with compensation for the pain, suffering and medical expenses caused by this incident, easing the financial burden he and his family has faced for the past three years.
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PERSONAL INJURY RESULTS
A union carpenter was awarded – $4,500,000
A union construction worker was awarded -$4,000,000
A construction worker fell from a crane -$13,200,000
A scaffold worker was awarded – $3,250,000
A janitorial worker was awarded – $2,900,000
A construction worker was awarded – $2,200,000
A construction worker fell off of a ladder – $1,500,000
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Our Bronx personal injury lawyers help accident victims in a wide variety of situations, including:
- Car & Vehicle Accidents
- Truck Accidents
- Employment Law
- Construction Accidents
- Slip and fall Accidents
- Medical malpractice and birth injuries
- Spinal Cord Injuries
- Accidents from defective products
- Motorcycle Accidents
ADDITIONAL CASE SETTLEMENT!
“New Jersey Superior Court, Union County – Client was a 46 year old Albanian construction worker who was driving in New Jersey and was rear ended by a rack truck. He sustained neck and lower back injuries to the extent he had a one level cervical spine fusion surgery, several epidural injections, and physical therapy. He could not return to employment because of his injuries.
The case was settled for $1,315,000.00. “
Hire Experienced Attorneys at Dervishi Law Group, PC
If you want to recover the maximum compensation that you deserve, you need an experienced personal injury attorney like Dervishi Law Group, P.C. on your side. Quite simply, we will not be satisfied until you are.
Don’t Wait! Get Help from Dervishi Law Group, P.C.
Bronx Personal Injury Lawyers
If you or someone you love has been involved in a serious Motor Vehicle Accident, Construction Accident, Slip and Fall Accident, or Medical Malpractice situation in the Bronx, NYC, Queens, Kings County or Westchester County you need legal help from a Bronx personal injury attorney who understands your needs. Call the Dervishi Law Group, P.C. at (718) 484-4757 , (917) 496-8342. We offer a free initial consultation to discuss your needs.
Serving Clients Throughout NYC
FREQUENTLY ASKED QUESTIONS
Automobile accidents are common in New York. These accidents can lead to dreadful injuries and death. Accident victims are entitled to claim compensation for damages, and can file a personal injury lawsuit against the responsible person.
Even if you are partially responsible for your accident, you can claim compensation for your damages. You might have to accept a reduction in the amount you receive. If you are 50% to blame for the accident, then you can claim 50% of your damages. It is advisable to hire an experienced personal injury attorney to claim the compensation you deserve.
Cash benefits for lost wages: If your work related injury led to disability for more than 14 days, then you are eligible for cash benefits for lost wages. If you are unable to return to work, then you may be eligible to claim compensation for future lost wages.
Schedule loss of use award: Schedule loss of use award gives compensation based on the injury. If you are not able to recover disability, then you can claim compensation for permanent disability. A medical exam is required to determine the percentage of compensation for the injured body part.
Section 32 settlement: Section 32 settlement offers compensation for your injuries and cost of future medical care for the injury.
- No-Fault Law applies to any cyclist, pedestrian, passengers, or driver injured by a motor vehicle in New York.
- Accident should have occurred in New York.
- The injured person should be the driver or passenger of the insured vehicle or a cyclist or pedestrian struck by or in contact with the motor vehicle.
- The vehicle must be a car, truck, bus, taxi (not a motorcycle) or other vehicle covered by New York No-Fault law.
- The vehicle should be registered in New York.
- The vehicle should have an insurance policy sold in New York or issued by a company licensed to do business in the state of New York.
If any other parties, like general contractors, subcontractors, or engineers, caused or contributed to your worksite accident, you could file a claim (known as a third-party claim) directly against those individuals or companies. An experienced construction accident lawyer in the Bronx can let you know whether this type of claim applies to your case.
If you’re pursuing a workers’ compensation claim, you must usually file within two years. One exception is occupational hearing loss, which has a 90-day deadline for workers’ compensation claims. If you’re pursuing a claim against a third party, like a worksite owner, subcontractor, or engineer, the New York statute of limitations gives you three years to file a construction accident claim.
Contact a skilled lawyer as soon as possible after your workplace injury. A seasoned construction accident attorney will help you handle the workers’ compensation claim process quickly and efficiently and improve your chances of negotiating an adequate settlement.
If you already filed for workers’ compensation and your legitimate claim encountered denial, it’s even more important to contact a Bronx construction accident lawyer ASAP. You only have 30 days to file an appeal, so call us at Dervishi Law Group right away and let us help you defend your claim.
PERSONAL INJURY RESULTS
A bicyclist hit into the rear of a bus – $250,000
A woman injured in a rear-end car accident – $200,000
A man injured his lower back in a car accident – $160,000
A man lost control of his car hitting a truck & tree – $135,000
A man was struck by a hit & run car – $135,000
A passenger in a car sustained a shoulder injury – $118,500
The Dervishi Law Group was able to negotiate a 4 million dollar settlement for a union construction worker
The legal team of Morgan Levine Dolan, P.C. and Fatos Dervishi have won a $4 million settlement from an insurance company for a union construction worker. The worker had suffered serious injuries to his foot, ankle, and knee. It was determined that the construction worker needed surgery and would not be able to return to construction work. The legal team pushed the insurance company right up to the trial deadline, at which point the insurance company relented and agreed to the settlement. Luckily the construction worker hired the right legal team to represent him. This gave him peace of mind to be able to provide for his wife and 14 month old son for the rest of their lives.