The State of New York is unique in affording protections to construction site workers. However, this is a very specialized area of practice and most lawyers are not familiar with the intricacies of the laws and regulations in this field. If you are injured in a construction site, it is important that you consult with an attorney that is familiar with this specialized area of practice. You may have a case even if you believe that the accident was caused, in part, by something you did or failed to do. Here, at Elliot Ifraimoff & Associates our attorneys are especially equipped to handle these cases.
In almost all construction site accidents an injured worker has a cause of action and a claim for workers’ compensation. These workers’ compensation benefits include payments for their salary, medical bills, transportation and medication. This is in addition to a lawsuit that will allow the injured worker to claim damages for pain and suffering as well as economic losses.
If you or a loved one sustained an injury in a construction accident, or if you lost a loved one to a construction-related incident, consult with a construction accident lawyer regarding your options for collecting compensation.
When you retain a New York City construction accident lawyer from Elliot Ifraimoff & Associates, PC, you get an attorney who has a longstanding reputation for success. Our team has successfully garnered hundreds of millions of dollars on behalf of clients, with many of our verdicts and settlements reaching into the seven digits. We have success in a broad range of personal injury and construction accident cases, including those that involve one or more of the following:
Our construction site accident lawyer handles each case with diligence and respect. We dedicate our complete resources and talent to identifying the cause of an incident, how and why it occurred, and, if necessary, who the possible at-fault party could be.
Per New York law, all employers must carry workers’ compensation insurance to benefit all persons who are continuously under their direct control. Such people include full- and part-time staff, family members, volunteers, borrowed employees, leased employees, day laborers, and subcontractors.
Workers’ compensation is a no-fault system that ensures injured workers can easily access compensation for damages associated with work-related injuries without having to prove fault. In exchange for this ease, workers forfeit their rights to sue their employers. Workers’ compensation is beneficial to both parties in that it prevents long, drawn-out, and costly litigation.
There are a few instances in which you may file a third-party claim for damages following your construction accident. An experienced construction site accident lawyer can assess the evidence he or she gleans from a thorough investigation and identify possibly liable third parties. Parties who may be liable beyond your employer are as follows:
Per New York Labor Law, general contractors (GCs) and building owners have a legal obligation to provide all employed persons within a building, or all persons who frequent a building, with reasonable and adequate protection to their health, safety, and lives. In other words, GCs and building owners must take appropriate measures to identify and correct all potential safety hazards, provide adequate safety equipment, and ensure that all workers have proper training.
In addition building owners and general contractors must ensure that any scaffolding or other dangerous equipment on construction sites are properly erected, fastened, and secured. If a worker sustains an injury on a scaffold or other hazardous piece of site equipment, the law will hold the building owner and GC strictly liable. What this means is that the injured party may not be held comparatively negligent.
Several other laws may give rise to a third-party claim. An experienced New York construction accident lawyer can help you identify laws that work in your favor and build a strong third-party claim.
The types of damages to which the law may entitle you depends largely on the type of claim you file and the extent of your injuries. However, workers’ compensation limits the types of damages you may recover to purely economic ones whereas a third-party claim may allow you to collect reparations for non-economic losses such as pain and suffering and loss of enjoyment of life. Below is an overview of the type of compensation you can expect to recover through workers’ comp:
Workers’ comp should foot the bill for all medically necessary treatments, procedures, and devices following a work-related incident. Such expenses may include but are not limited to in-office visits, chiropractic treatment, surgery, hospital stays, laboratory tests, x-rays, dental work, psychological treatment, podiatric services, prescription medications, the repair or replacement of medical devices, the cost of medical devices, and authorized nursing services.
Though your construction accident lawyer will need to negotiate a fair wage replacement amount on your behalf, the typical rule of thumb is that the insurer pays you two-thirds of your average weekly wage from the previous year, up to a maximum amount.
You may qualify for additional benefits, such as retraining, retirement service credit, and additional wages. To qualify for the most benefits, work with a construction site accident lawyer.
If your case qualifies for a third-party claim, you stand to gain significantly more in compensation than you do from workers’ compensation. Through a personal injury lawsuit, you may recover damages for medical expenses, the full value of your lost wages, pain, and suffering, and loss of enjoyment of life. You may also file for punitive damages, which the court awards to punish the at-fault party and deter future similar behavior.
Regardless of what type of claim you file, you must submit the appropriate paperwork within a given timeframe. Failure to do so may result in the forfeiture of your rights to compensation. To receive benefits through workers’ compensation, you must file your claim within two years from either the date of your injury or the date you discover your injuries. To have a valid personal injury claim, you must file your claim within three years of the incident or the date of discovery of your injuries.
Construction accidents can result in devastating and life-altering injuries. Though the state workers’ comp board designed the workers’ comp system to help injured parties without requiring them to go through a lengthy legal process, filing a claim and receiving compensation can still be difficult and stressful. In many cases, workers’ compensation benefits are not nearly enough to compensate construction accident victims for the full extent of their damages. Whether you struggle to obtain the benefits you need and deserve or you sustained excessive damages in your accident, reach out to our construction accident law firm. Our construction accident lawyer can provide the aggressive and reliable representation you need and deserve. Contact Elliot Ifraimoff & Associates, PC, to schedule your free consultation today.
New York State Workers’ Compensation Board: http://www.wcb.ny.gov/content/main/TheBoard/ComplianceBrochure.pdf
The New York State Senate: https://www.nysenate.gov/legislation/laws/LAB/200