Construction Accident Lawyers New York
Construction Accident Lawyers New York
Working at a construction site can be dangerous, and if you were injured, you need the help of New York construction accident lawyers from Polsky, Shouldice & Rosen, P.C. For the average person, they do not think about all of the ways that they are in danger when they go to work every day. They clock in, they might be concerned about a meeting they have, or they may be wondering what their office is catering for lunch.
However, when you work at a construction site, safety should be your top priority, and you are likely faced with the many dangers of a construction site when you step onto the property. Construction sites—even one that follows the safety regulations and guidelines—are still dangerous places to work because of the equipment and the possibility of accidents.
If you were recently injured while working at a construction site and are seeking compensation for these injuries, please reach out to our team to discuss how we can help with your case. You should not have to suffer from your injuries and pay for them out of pocket. Call us today.
What are common types of construction accidents?
Because of the nature of the work, most construction sites have heavy machinery and dangerous equipment. Our NY construction accident lawyers know that there are many common types of injuries that someone can sustain while working at a construction site.
Falling Debris
Often, the work at a construction site may be on a tall building. Thus, some of the heavy machinery may be quite tall and many of the construction workers may be on high scaffolding. When construction workers are working above ground and at ground level, those working on the ground are at risk for falling debris. The victim of this injury may experience head trauma or may be crushed under the debris.
Electrical Injuries
Many times, a construction worker will work with different types of electrical wires or various equipment that runs off of electricity. If someone is not following the proper safety procedures or if the electrical wire is in bad shape, a worker could easily sustain an electrical injury. This can cause obvious burn damages, but it can also cause internal trauma and brain injuries as well.
Scaffolding Accidents
As noted earlier, many construction sites involve very tall buildings that require construction workers to be on scaffolding. When this is the case, a worker may be hundreds of feet up. If the scaffolding is not created properly, it is possible for scaffolding to break and for a construction worker to fall. Additionally, if someone you are on the scaffolding with is not following proper safety measures, their negligence could also cause you to trip and fall off the scaffolding.
Types of Injuries and Illnesses Workers’ Compensation Covers
If you encounter an illness or injury while at work, how do you know if workers’ compensation will cover you? In most situations, workers are eligible for workers’ compensation benefits when they sustain injuries or illnesses as a result of work, but it is not always that straightforward. Mental health, for example, does not usually fall under qualifying conditions.
In addition, if a pre-existing condition becomes worse while you are working, it probably will not qualify as a work-related injury or illness. That said, there are many conditions that do fall under workers’ comp. Here are four of the most common types of injuries and illnesses workers’ compensation covers. If you have experienced any of these situations, contact our law firm today.
Occupational Illnesses
Whenever you develop an illness or disease as a result of exposure at work, this is something workers’ compensation typically covers. From traditional diseases like asbestosis and black lung disease to more novel viral infractions, a number of illnesses can qualify.
Hearing Loss
To qualify for workers’ comp benefits, your injury does not necessarily have to be immediate. With a condition like hearing loss, for example, the damage occurs over time. Nonetheless, if you believe your hearing loss is the direct result of a loud work environment, you may be able to get some financial compensation.
Overuse and Repetitive Motion Injuries
Other types of injuries that people experience over time are those related to overuse and repetitive motions. From carpal tunnel syndrome and tendonitis to back pain, many workers deal with these conditions every day as a result of the work they do. Sometimes, problems do not develop for many years. Like hearing loss, you may not realize there is anything wrong until you cannot avoid it.
Other Work-Related Physical Injuries
When equipment malfunctions or someone falls off a ladder, these are other sorts of work-related situations that can lead to injuries. While these kinds of injuries are common among workers’ compensation cases, they are definitely not the only ones. Still, many people think of these injuries whenever they hear about workers’ compensation.
Work is where people spend at least half of their time. For many, it takes up even more time than that. For this reason, you need nothing less than a safe working environment. If you have experienced any of the types of work-related injuries or illnesses on this list, you may qualify for compensation. Get the legal help you deserve today.
Steps to Take After a Construction Accident in NY
Jobs in the construction industry are some of the most dangerous in the United States. Each year, thousands of workers are injured; many with serious, life-altering injuries. Some will lose their life. Part of why these careers are so dangerous is related to the factors that are critical to a successful project. For example heavy machinery, high heights, hazardous materials, and electricity.
According to the Centers for Disease Control, or CDC, at least 1,000 workers are killed at construction sites in the country. Another 350,000 are injured. Despite federal safety regulations, as well as those set by each state, accidents happen. In nearly half of these accidents, another party can be found liable. For this reason, it is always recommended to consult with a construction accident lawyer in New York following any incident.
What You Should Do After an Accident
There are a number of steps that should be taken to keep injured workers safe and protect their legal rights. When a construction worker in New York has been injured while working, they are entitled to workers’ compensation benefits. To ensure all medical expenses are covered, as well as wages compensated, our construction accident lawyers in New York suggest taking the following steps.
Get Medical Care – Even if you believe your injury is not serious, you should seek out medical help. For example, a bruised rib might actually involve internal bleeding. A small knot on the head could be a serious concussion or brain injury. Both of these examples can be dangerous if left untreated.
Document the Accident – Keep a detailed document of where, when, and how the accident happened. Write down the possible cause. Take pictures. Keep a journal of everything that happens afterward. Our New York construction accident lawyers can refer to these things for important details and information.
Report the Accident – It is prudent that you report what happened to your supervisor. This should be done in writing. Copies of the report should be made for your own reference. Write down when you gave this report, and to whom.
Write Down Names of Any Witnesses – If there were witnesses who saw what happened, try to get their name and contact details. You might even ask them to write down what they saw.
Save Evidence – If possible, try to save any evidence from the accident. For example, tools or equipment. If this is not possible, take a lot of photos.
Keep All Medical Records – Be sure that you keep all medical records and documentation. Write down the names of doctors, the clinic, types of treatments, medications, and anything else that might be relevant.
Finally, contact a seasoned construction accident lawyer in New York to find out if legal action is possible. Call Polsky, Shouldice & Rosen, P.C., today to speak with experienced lawyers who care.
What If My Construction Accident Claim Is Denied?
In most construction accident injury cases, the victim is entitled to workers’ compensation benefits. The majority of New York employers are required to carry workers’ compensation insurance, however, that doesn’t always mean the employer will agree to the claim or that the insurance company will pay out those benefits. Our New York construction accident lawyers have handled many cases where the injured worker was denied benefits, even though their injury left them unable to work.
If you have been injured due to a work-related incident, your employer must either begin paying you worker’s comp benefits, let you know what type of further information or documentation they need to process your claim, or provide you a reason why they are denying your claim.
Why Are Claims Denied?
If your employer has denied your worker’s compensation claim, they are required by law to provide you a reason for the denial. That reason must be in writing. Some of the more common denial reasons the New York construction accident lawyers from our firm see in our clients’ claims include:
- The injury did not occur on the job site. Typically, a work injury is only covered if the employee was injured at work. If the employee reports their injury at another location, the employer or insurance company may claim the injury actually occurred somewhere else.
- The worker did not report the injury in time. New York has a statute of limitations of 30 days a worker has to report the injury to their employer. This is why it is always important to report any injury to your employer right away.
- The employee was at fault for the injury. Generally, all work-related injuries are covered by workers’ compensation insurance even if the accident that caused the injury was liable for the event. There are exceptions, however, such as being under the influence of alcohol and/or drugs or purposefully causing the injury.
- The employee had a preexisting condition. Although an employer or insurance company may try to use a preexisting condition to deny a claim, if that condition was aggravated or made worse by the work incident, then they qualify for worker’s compensation benefits.
Other reasons for denial an employer may try is claiming the employee was an independent contractor and not an employee or the employee failed to provide enough medical evidence to show they sustained an injury or that injury was a result of job responsibilities.
If you have been injured and your claim has been denied, the construction accident lawyers in New York at Polsky, Shouldice & Rosen, PC can help.
Can these kinds of accidents be prevented?
When you have been injured at a construction site one of the many questions you will likely be left with is this: could my injuries have been prevented? There will be some cases where an injury could not have been prevented simply because of the nature of construction sites. However, there are things that can be done to ensure that construction sites are as safe as possible:
- The tools that are at the construction site are safe, working properly, and used correctly
- The workers who are at the construction site know the OSHA regulations
- The construction site doe not have any more hazards than need to be present
Determining Whether You Should Use Workers’ Comp or a Personal Injury Claim
Choosing whether you should go for workers’ compensation or a personal injury claim is difficult and the best way to make this decision will be with the help of an attorney who works specifically with construction accidents. In cases where the injuries are minor and you will be able to go back to work shortly, workers’ compensation will likely cover the medical bills and lost wages you have. However, if you are not able to return to work soon (or ever) and have medical bills that keep on coming, you may want to speak with your lawyer about filing a personal injury lawsuit instead of going through workers’ compensation.
For example, if you were operating machinery that had some kind of defect in it, this would be the time to file a lawsuit instead of a workers’ compensation claim. In this case, a third party was responsible for your injuries because they provided your construction site with equipment that was not up to operating standards. When this is the case, you want to prove that the other party:
- Had the responsibility (or legal duty) to provide you with safe equipment
- They failed to do this
- You were injured as a result of this failure of duty
After construction accidents, there is a limited amount of time for you to file a lawsuit or to file workers’ compensation. Sitting down and speaking with a lawyer immediately following the accident can provide you with the right direction and the best next steps to take. Please give our office a call if you are ready to move forward after a construction site accident.
How Polsky, Shouldice & Rosen, PC Can Help You!
When you are injured at a construction site, you should speak with one of our attorneys as soon as possible to discuss the best way you should seek compensation. Many construction workers can receive compensation for their injuries through workers’ compensation. However, depending on who is at fault for your injuries, you may want to pursue a lawsuit instead of workers’ compensation.
For more information on how we can help you after an accident at a construction site, speak with one of our New York construction accident lawyers at Polsky, Shouldice & Rosen, P.C. now!
