If you or your loved one has been injured on a construction site somewhere in the Empire State, medical bills and lost wages might be piling up during your recovery. A construction accident lawyer in New York can help you understand your rights under the state’s health and safety laws. Your legal representative will then be able to provide support and guidance through the complicated process, maximizing construction injury compensation efforts.
The Law Office of Frank J. Cassisi, P.C., is one of your options for a construction accident attorney in New York. Having someone who is knowledgeable about the law on your side at this difficult time can make all the difference. Below, the firm explains more about New York’s construction safety laws and how they apply to accidents, workers’ compensation, and legal processes.
Understanding the State of New York’s Construction Accident Protections
According to the New York Committee for Occupational Safety and Health, construction deaths accounted for 24% of all worker deaths in New York State in 2020. In light of this statistic, it might not surprise you to learn that New York provides some of the strongest worker protections in the nation, especially when it comes to construction accidents.
Lawmakers recognize the inherently dangerous conditions and aim to hold property owners accountable for maintaining safe worksites. For example, New York’s Labor Law 240 upholds strict liability standards for fall-related injuries. Thanks to this coverage, an injured construction worker in New York might recover more substantial compensation, even if the law decides that their actions played a part in causing the accident.
Meanwhile, Labor Law 241(6) extends protection against various construction site hazards, including inadequate lighting, poor housekeeping, and unsafe excavation practices.
The First Stop Is Workers’ Compensation for Construction Injuries
The New York City Department of Buildings documented eight construction worker fatalities and 502 injuries in 2020. Three years later, the Bureau of Labor Statistics reported that 69 fatal work injuries occurred in New York City in 2023, with the construction sector recording the highest number of fatalities (24 deaths).
Workers’ compensation might be your first line of financial protection. This no-fault system is available regardless of who caused the accident and often covers medical emergency care, surgery, physical therapy, and wage replacement. However, since the system may not take into account your diminished quality of life or future income loss, you’ll likely want to consult with a construction accident lawyer in New York as soon as possible after your accident.
Potential Third-Party Claims With Help From a Construction Accident Attorney in New York
Pursuing claims against parties other than your employer may help supplement your workers’ compensation application:
- Property owners may carry a huge responsibility under New York’s legal guidelines, particularly if they were aware of unsafe conditions on site or did not adequately prioritize safety.
- General contractors or subcontractors can face substantial liability when they fail to follow OSHA regulations or local labor laws.
- Equipment manufacturers can be liable if their products, such as machines or protective equipment, have caused your accident.
The angle your claim takes will depend on the law infringed. Your construction accident lawyer in New York will be able to guide you through the details. For example, a New York Labor Law 240 infringement involves falls from scaffolds, ladders, and roofs.
Construction Accident Settlement Tips for Building a Stronger Case
There are a few important things your construction accident attorney in New York might recommend for a personal injury case. Navigating compensation under New York’s construction safety laws typically requires the following steps.
Calculate Damages
Medical expenses form the foundation, and you’ll want to document all costs for hospitalizations, specialist consultations, therapy, prescriptions, wheelchairs, and braces. However, your construction accident lawyer in New York can also help you estimate future medical expenses, pain and suffering damages, and loss of enjoyment of life.
Collect Evidence
By New York law, you should report your injury to your employer in writing within 30 days. Additionally, take the time to gather photographs and videos of the accident scene and details about hazardous conditions, defective equipment, or safety violations. Keep copies of your medical records, bills, pay stubs showing lost wages, and any communication with your employer or insurance companies.
You should also gather witness contact information immediately if possible, including any coworkers, supervisors, and bystanders who saw the accident. Create a detailed written account of the accident while the events are fresh in your memory.
Consult an Attorney
The sooner you consult a construction accident lawyer in New York, the better. Your attorney can help you investigate whether OSHA construction safety violations occurred at your worksite and guide you on the time limits of the case to ensure you don’t miss any of the New York legal system’s critical deadlines.
The Law Office of Frank J. Cassisi, P.C.: Your Partner in Construction Accident Claims
Construction accidents can devastate your finances, health, and future, and understanding NY Labor Law 241(6) and similar statutes is just one aspect of building your case. Contact the Law Office of Frank J. Cassisi, P.C., at 516-294-5050 as soon as possible after your accident. Legal guidance from our construction accident lawyer in New York can help you prepare for the road to recovery.
Frequently Asked Questions
Here are answers to common questions about construction accident claims.
What Types of Compensation Can I Receive for a Construction Injury?
In New York, you can typically pursue workers’ compensation plus a third-party claim after a construction injury.
How Long Do I Have To File a Construction Accident Claim in New York?
New York requires injured parties to file a report with their employer within 30 days for workers’ compensation. Some cases allow three years to file a third-party personal injury claim, but not all.
How Can a Construction Accident Lawyer Aid in My Recovery?
Hiring a construction accident lawyer in New York can help you identify liable parties, investigate violations, negotiate with insurance, and navigate claims or court proceedings.
