A Top Construction Accident Lawyer Helping New York and Long Island Accident Victims Recover Their Rightful Damages
Were you hurt in a construction accident? Did you suffer debilitating injuries due to unsafe job conditions? If so, you may be eligible for compensation and an experienced work-related injury lawyer can help you recover maximum damages. Contact a construction accident lawyer at Turley Redmond & Rosasco, L.L.P. today to schedule a free consultation.
Filing a Workers’ Compensation Claim After a Construction Accident in New York
A well-handled construction accident lawsuit always starts with a well-handled workers’ compensation claim – period! After all, if you are seriously injured on a construction worksite, your first priority is to get proper medical treatment. This medical care will be paid for by a workers’ compensation insurance company.
It is likely that you will be called soon after your construction site accident by a workers’ compensation claims adjuster. Saying the wrong thing to this claims adjuster without first talking to an experienced workers’ compensation attorney could ruin any additional lawsuit you may have.
Do not talk to a workers’ compensation insurance adjuster or investigator without speaking to Turley Redmond & Rosasco, L.L.P., first! Getting the right work-related injury lawyer on board as soon as possible after your accident will preserve your rights to any additional lawsuit you may have and maximize your proceeds in addition to your workers’ compensation benefits. If you were injured in a job accident, you need a construction accident attorney who can pursue compensation from all sources.
For over 25 years, Turley Redmond & Rosasco, L.L.P., has pursued injury claims on behalf of construction workers from New York City and Long Island. We work to maximize workers’ compensation benefits and secure additional personal injury damages when the negligence of others contributed to a construction site injury.
Undocumented workers are entitled to workers’ compensation benefits and lawsuit damages for work-related injuries. Our construction accident attorneys have helped many Hispanic non-citizens obtain benefits and settlements for construction site injuries. Se habla español.
Scaffolding Accidents and Construction Injuries
We have represented carpenters and laborers, electricians and plumbers, roofers and painters, and others in the construction, remodeling, and demolition trades. Our workers comp attorneys are familiar with the common causes of injury in these high-risk jobs, such as:
- Ladder and scaffolding accidents
- Falls from roofs
- Falls through holes in construction floors
- Falling tools or building materials
- Slippery surfaces and tripping hazards
- Trench collapse and cave-ins
- Building collapse
- Crane accidents
- Nail guns, saws, and power tools
- Heavy equipment accidents
- Vehicle accidents (on-site or between sites)
- Hoist and elevator accidents
- Electrical shock
- Fires and explosions
- Welding injuries
A job accident lawyer at our firm can handle serious and catastrophic injuries from construction accidents, including head trauma, severed limbs or fingers, broken bones, burns, and lacerations. Construction workers also have a high rate of injuries to limbs and joints, including back and neck injuries, arm and shoulder injuries, and knee and foot injuries. Our clients have obtained multiple million-dollar verdicts and settlements involving construction site injuries.
Workers’ Compensation · Section 240 · Third-Party Claims Require a Construction Accident Lawyer
New York State workers’ compensation covers reasonable and necessary medical treatment for a work-related injury. It also pays wage benefits if you cannot work, including long-term benefits or lump-sum settlements for a serious and lasting disability. We represent construction workers throughout the life of their claim, including hearings and appeals, to obtain and maintain their benefits.
Under Section 240 of New York’s Labor Code, property owners are liable for damages for injuries involving ladders, scaffolds, roofs, and other heights. Our attorneys are well-versed in Section 240 claims and application of the law, such as ground-level injuries from falling objects or failure to enlist a hoist for heavy objects.
Lastly, an injured construction worker may be able to sue third parties for negligence, such as subcontractors, general contractors, landowners, or manufacturers of defective equipment. This allows for damages in addition to workers’ comp benefits, including recoveries for pain and suffering.
Who Is Potentially Liable for My Construction Accident?
Many parties can be held liable for your construction accident. The critical question is whether a third party’s negligence (or failure to act) contributed to the accident that caused your injury. In many cases, there will be more than one party who was responsible for your injuries. The most common targets (defendant’s) of construction accident lawsuits tend to be building owners and general contractors, but the full range could include:
- General contractors
- Building owners and managers
- Construction site owners
- Equipment manufacturers
- Architects and engineers
The only major party you may not sue is your employer. A construction accident lawyer can help you determine everyone who may have been at fault (negligent) for your accident. Once that is determined, you can pursue legal action against the appropriate parties.
Can I Sue My Employer for Injuries Sustained on the Job?
Generally, no — even if your employer was at fault for the accident. Work-related injuries are handled through the workers’ compensation system. Workers’ Compensation provides a mathematical computation of benefits to injured workers regardless of fault. This means that even if you — or your employer — were at fault for your accident, you may still be entitled to receive workers’ compensation benefits. The compromise is that you forfeit your right to pursue personal injury actions against your employer, but you may still bring them against third parties who were involved in your accident.
Can a Construction Accident Attorney Tell Me About My Options After a Construction Accident?
Yes, a construction accident lawyer can advise you about your legal rights and options in this regard. Every construction accident is different and involves many parties who could potentially be liable for the negligence which caused your accident. Construction accident lawsuits often involve several different kinds of legal claims. Almost all construction accidents involve an underlying workers’ compensation claim. That claim involves you and your employer. (and your employers Workers Compensation Insurance carrier) If your accident was caused by someone other than your employer — say, a subcontractor — you will need to pursue a third-party claim for personal injuries against that person or more likely company or building owner. And if your accident involved a fall or injury involving scaffolding or any type of elevated height, your case may involve New York State’s Labor Law also known as the New York Scaffold Law.
What Kind of Evidence Do I Need to Prove My Case?
Having the proper evidence is crucial to winning your case. It is imperative to retain counsel on both your workers’ compensation case and third-party lawsuit immediately following the accident. For workers’ compensation actions, evidence can help you establish your injuries that occurred within the course of your work duties. Additional evidence includes accident reports, pay stubs, and medical reports. For third-party personal injury lawsuits, immediate accident site investigations can help you prove that the defendant breached a duty it owed to you and caused your injury. This evidence can come from many sources, including:
- Accident reports
- Police reports
- Eyewitness statements
- Medical records
- Physical evidence from the site
- Employer records and training materials
A construction accident attorney can help you obtain all relevant evidence required to succeed in your lawsuit.
Can I Receive Compensation Even if I Was Partially at Fault?
Generally, yes. The New York State Workers’ Compensation System is “no-fault.” This means that you may receive benefits even if the accident was entirely your fault. However, third-party claims are based on the traditional rules of negligence, which require that your fault be less than the defendant’s fault. Under either legal scheme, partial fault on your part does not bar you from recovery.
Call a Long Island Construction Accident Lawyer for a Free Case Evaluation and Contingency Representation
Construction accidents must be investigated promptly before evidence of negligence or OSHA safety violations “disappears.” Turley Redmond & Rosasco have recovered millions of dollars for clients. Contact us today to speak with a job accident lawyer if you have been injured on a construction site to discuss your rights and the facts of your case during a free consultation with a work-related injury lawyer. Call toll-free at 800-671-4927 or email us. We have convenient offices across New York and Long Island, including Ronkonkoma, Shirley, Riverhead, Garden City, and New York City.