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Construction Accident Attorney

Construction Accident Attorney

Construction Accident Lawyer in New York

Construction sites are notoriously dangerous places. Nearly one in five workplace deaths occurred in the construction industry in 2021, with falls being the leading cause of death at 36.4%. In 2020, construction workers experienced 21,400 non-fatal accidents nationwide, costing them thousands in medical bills and lost wages due to being too hurt to work.

If you’ve been hurt on a construction site, a New York construction accident lawyer can help. Here’s what you need to know about construction accident cases from a personal injury attorney.

Can You Sue Your Employer for a Construction Accident in New York?

When you’re hurt at work, your first instinct might be to call a construction accident lawyer in New York and sue your employer for violating labor laws. However, even if your employer did break labor laws, you typically can’t sue them if they offer workers’ compensation benefits to you.

You can only sue your employer in these circumstances:

  • Your employer doesn’t have workers’ comp insurance even though the state requires them to.
  • You work for an employer that isn’t required to have workers’ comp, such as the New York Department of Sanitation.
  • Your employer purposely injured you.
  • Fortunately, workers’ comp is a type of no-fault insurance. That means it pays you benefits no matter how the accident happened or who caused it.
  • Workers’ comp pays for the following:
  • Medical expenses, including emergency treatment, surgery, medication, and supplies
  • Lost wages until you’ve recovered enough to go back to work
  • Retraining if you need to find a job outside of the construction industry

If you plan to file a workers’ compensation claim, you must notify your employer within 30 days and file your claim within two years of the accident.

The quickest path to workers’ comp benefits is to file a claim online.

Third-Party Lawsuits

If a third party caused or contributed to your accident, it’s possible to hold them liable with the help of a New York construction accident lawyer. But what exactly is a third party?

Essentially, it could be anyone who’s not your employer. For instance, if a subcontractor dozed off while operating machinery and hit you, you could sue them as a third party.

Here’s another example: You were working on someone’s private property, and their dog attacked you. If the owner knew their dog was dangerous and failed to contain the animal, you might have grounds to sue them.

Individuals aren’t the only parties you can hold liable. If a defective piece of equipment hurt you, you could sue the manufacturer in a product liability lawsuit in pursuit of compensation for your injuries.

Damages You Can Seek in a Construction Accident Lawsuit

If you choose to sue a third party, you can seek more damages than what workers’ comp would pay. In addition to the cost of your medical bills and lost wages, you could also sue for:

  • Pain and suffering
  • Scarring and disfigurement
  • Emotional distress, such as depression and anxiety
  • Loss of quality of life
  • Lost earning potential
  • The cost of hiring an aide to help you at home
  • Long-term nursing care and health administration

Examples of Cases a New York Construction Accident Lawyer Handles

At Dervishi Law Group, P.C., a New York construction site accident lawyer can handle all kinds of relevant cases. The following are a few examples of cases your lawyer can help with:

  • Another worker dropped something on you from above.
  • General contractors set up a ladder improperly, causing you to fall.
  • A manufacturer sold you a faulty tool or piece of equipment, which caught on fire and injured you.
  • You became sick from exposure to toxic chemicals on the job.

Reach Out to Dervishi Law Group for Help With Your Construction Accident Case

Health and safety hazards on a construction site are ever-present. Unstable scaffolding, faulty tools, and unsafe ladders contribute to hundreds of injuries at construction sites yearly.

If you’ve been hurt at work and need help navigating workers’ comp or want to know whether your case qualifies for a lawsuit, call Dervishi Law Group, P.C. at (718) 619-4525. We provide free consultations and are available to answer your questions 24/7.

New York Construction Accident Lawyer

Construction areas are full of dangerous equipment, poisonous chemicals and gases, high voltage electricity and uneven work surfaces. Work injuries are common at construction sites. If you have been hurt in a construction accident, then you are eligible for workers’ compensation.

Construction accident lawyers at Dervishi Law Group, P.C. in the Bronx have helped injured workers and their families following work accidents.

Some notable victories from Dervishi Law Group, P.C:
  • $1,500,000.00: A construction worker fell off of a ladder, reinjuring his lower back upon which he had a prior surgery.
  • $775,000.00: A construction worker lost his finger when the blade on his saw broke.
  • $240,000.00: A worker fell into an open hole at a construction site, injuring his shoulder and neck.
  • $200,000.00: A construction worker sustained a laceration to his arm while cutting metal.

New York Construction Accident Statistics

Every year, thousands of construction workers are injured or killed in construction site accidents. In 1995, over 17,000 construction workers died while working. It is an alarming fact that 1 out of every 10 construction workers is accidentally injured every year. It is possible to sue a company if you happen to be a victim of a construction site accident. There is no excuse for a construction company not providing a high standard of safety.

Claim Compensation for Your Construction Accident Injuries in NYC

Construction workers have rights in the event of an accident. We have the experience to advise you about these laws, and to protect your financial future. We have successfully represented thousands of construction workers who have been hurt on the job. We have our own investigative team and act quickly to gather and preserve evidence.

Frequently Asked Questions

The number-one accident in construction is falls, trips, and slips (the U.S. Bureau of Labor Statistics lumps them together in a single category). In 2020, such accidents accounted for more than 35% of workplace deaths in the construction industry. Other common causes of workplace deaths include struck-by incidents, caught-between accidents, and electrocutions.

It typically takes 30 to 90 days after your workers’ comp hearing for a judge to notify you of their decision. But it’s important to know that not all workers’ comp cases go to court. This usually only happens if there’s a dispute. For instance, you might go to court if workers’ comp thinks your injury didn’t happen at work.

If there are no disputes, you should expect workers’ comp to send you a check within a few weeks of filing your claim.

New York does not cap damages, which means you can sue for the full cost of medical bills, property damage, and pain and suffering. However, if your employer offers workers’ comp, you can’t hold them liable with a lawsuit in this manner. However, you may sue third parties (such as equipment manufacturers) if you can prove they contributed to your injury.

In New York, the statute of limitations for construction accidents is two years. If an accident caused the death of a loved one, you have three years to file a negligence claim.

Should you miss the deadline, the court will bar you from seeking damages for your case. That’s why it’s wise to reach out to a New York construction accident lawyer as soon as possible.

For a Construction Site Accident Attorney in Bronx, NY, Call 877-700-1113

Dervishi Law Group, P.C. specializes in construction accidents. We provide our services in NYCManhattanWestchester and the Bronx in NY. If you would like a free consultation, then call (718) 484-4757  or (917) 496-8342 or email us at fdervishi@dervishilaw.com.