Construction Injury Lawyers Helping Workers in the Bronx and Beyond
The attorneys at Jesse Minc Personal Injury Law dedicate their practice to helping members of the construction trades who have been injured in accidents caused by falling objects get the compensation to which they are entitled if they are injured and cannot work any longer. Construction litigation is among the primary focuses of our firm. Our Bronx construction accident attorneys have won millions of dollars for injured workers throughout New York State, and have successfully tried and argued cases throughout the New York State court system’s trial and appellate courts. Our lawyers understand the unique issues involved in construction accident lawsuits – from the intricate legal requirements applicable to proving liability, to the special issues involved with proving lost earnings and benefits that are available to union tradesmen – and are as well positioned, experienced and knowledgeable as anyone in bringing these cases in a successful and effective manner.
Injuries Following a Falling Objects Accident Can Be Devastating
When you are injured in falling objects accidents, you may suffer a severe injury that leads to high medical expenses. Without legal representation to get your maximum compensation, it can be difficult to overcome these injuries. Below are just a few types of these devastating injuries you may have suffered:
If you or a loved one have suffered injuries like these from a falling object, you may have grounds to seek compensation through a workers comp claim or personal injury lawsuit. Construction workers who are hurt and suffering after a serious injury may have grounds under state labor law to take action. Reach out to our legal team to learn more about what you can do about severe injuries when accidents happen.
Construction Accidents and Their Common Causes
Unfortunately, despite the fact that, in recent years, site safety officers and OSHA representatives have become a fixture on many large construction sites, safety violations occur on a daily basis, and often are the root cause of serious injuries on job sites. Many construction accidents involve workers injured by falling debris and other objects (tools, construction equipment, etc.) on a construction site. When a falling object strikes a worker and causes a serious injury, it is almost always due to a failure of the owner and general contractor to ensure compliance with safety rules and regulations designed to avoid these tragic occurrences. Our firm is standing by to apply our experience and knowledge of the construction accident laws to help you hold those responsible for these egregious safety violations accountable, and force them to pay you the compensation that you deserve if you are injured due to being struck by a falling object.
How a Bronx Falling Objects Attorney Can Help Your Claim Succeed
We have the resources and experience to ensure that your employer and its insurance provider give your claim the respect that it deserves. We do this by immediately filing a lawsuit alleging violations of the New York Labor Law; we negotiate only once your case is in suit, which tactic generally increases the value of your claim because it lets the defendants know that you are serious about your case, and have serious construction accident lawyers in your corner fighting for you and your family. Our construction accident lawyers work meticulously to gather witness testimony, records relating to your accident, medical records, expert witness opinions regarding both the safety violations that caused your accident as well as your injuries (both physical and economic), and other evidence to clearly determine how an accident caused by a falling object happened, including whether a violation of a safety law was involved. We guide clients through the legal process with personalized attention and with the ultimate goal of obtaining full compensation for our clients.
Pursuing Compensation Through a Labor Law Claim
If you have been injured in an accident caused by a falling object at a construction site, you have the right to seek compensation from parties such as the property owner, a general contractor, or (in some cases) a sub-contractor that was responsible for failing to provide safety equipment or creating a hazardous condition that caused your accident.
The money damages typically available in these cases include compensation for medical bills, missed wages due to time away from work, any reduction in your future earning capacity, and pain, suffering, and emotional distress.
Economic Damages
Following a falling object accident, you may be due financial compensation for the economic damages you have suffered. These damages may include medical bills, lost wages, and other losses. Fortunately, your Bronx falling object lawyer can help you navigate these damages after such an accident, including negotiating with the insurance company and holding the property owners responsible for your injuries.
Non-Economic Damages
Non-economic damages for fall accidents should include any physical pain and emotional suffering you have experienced because the accident occurred. For example, a construction worker may have suffered fatal injuries, and the family may need damages covered for the intangible suffering of grief for their accident. Your fall lawyer can help you navigate these complex types of damages starting with a free consultation.
Your Falling Objects Accident Lawyer in the Bronx May Pursue Punitive Damages
Occupational safety is a major concern, and if your employer breaks New York labor law in an egregious way, your Bronx falling object accident lawyer may pursue punitive damages in your personal injury cases. For example, building materials may have not been secured properly, and your employer may have endangered the lives of multiple workers. Because these damages are so hard to pursue, however, you may need further evidence like video footage from your attorney.
Your Employer Is Expected to Protect Your Safety
New York State law requires construction companies – and, more specifically, owners and general contractors at job sites – to take some specific steps to bolster workers’ safety on job sites. With respect to falling objects, special protection is provided under the law to make sure that workers who are exposed to, and harmed by, falling objects on a construction site are fully compensated. Section 240 of the Labor Law is the key legal provision in context of falling object lawsuits, and obligates owners and general contractors to provide the proper safety equipment to protect workers against the danger of an object falling from a height and striking them.
In fact, this important law imposes “absolute liability” against owners and general contractors if an object falls and strikes a worker so long as it can be proven that a particular safety device that could have prevented the accident was either not provided at all, or was defective, and that the worker was thus denied “adequate protection” from the grave risk of injury due to being struck with a falling object. Construction companies are obligated under the law to provide scaffolding, ropes, hoists, stays, ladders, and other safety devices to prevent falls of both people and objects, and are strictly liable to an injured worker if they fail to do this properly. Labor Law Section 241 similarly requires construction companies to provide specific safety equipment and procedures in connection with construction, excavation and demolition work, and is another important tool in our attorneys’ arsenal if we accept your construction accident case into our firm.
A person injured in an accident because a contractor or other entity did not provide the necessary safeguards does not need to prove that the company acted negligently. All that you need to establish is that the company failed to provide the required safety equipment or otherwise violated the Labor Law and that this lapse contributed to the accident in order to be entitled to compensation. Contact our firm today at (718) 354-8000 to learn more about your rights under the Labor Law if you are injured in a construction accident.
Workers Compensation Claims vs. Third-Party Liability Claims
When you need to obtain compensation for accidents involving falling tools, accidents with ladders, forklift accidents, or other work-related accidents, you may have multiple legal options. For example, if a tragic accident happens at work, you or your family may be due workers’ compensation benefits. However, if a negligent party disregards safety guidelines, your unsafe worksites lawyer can help you pursue a liability claim, so reach out for help identifying your specific claim type.
Benefits Available Through Workers’ Compensation for Falling Object Accidents
A person injured on the job also usually has the right to seek workers’ compensation benefits. This form of insurance – which covers employees, but not independent contractors – offers compensation for missed wages and related medical costs. However, it does not cover as many different types of costs and losses as a claim under the Labor Law.
To get workers’ compensation benefits for you, our Bronx attorneys would need to show that you were injured or contracted an illness in a way that “arose out of” your work. A construction worker injured in an accident caused by falling objects at a job site should be able to meet this standard. Workers’ compensation in New York is also a “no fault” system. That means that you do not need to prove that your employer or a coworker is to blame for the injury or illness in order to get benefits.
Medical Coverage
Workers in the Bronx area may be able to rely on their workers’ comp benefits for medical care. Falling object injuries, such as a roof falling or overhead work accidents, can create complex cases for your doctor. If you believe your benefits are not covering your medical expenses appropriately, contact us for a free case evaluation.
Wage Replacement
You may also be due compensation for the lost income from your work accident. Your benefits should cover a percentage of your income so that you can still support yourself while you recover. If you suspect you are not getting the appropriate amount, reach out to a falling from heights lawyer for guidance.
Death Benefits
If you have lost a loved one in a deadly work accident, your death benefits should cover certain related expenses. For example, you may be due compensation for your funeral or burial services, and these benefits may cover wage replacement as well. Talk to your lawyer to ensure you receive the compensation you are due during this difficult time.
Explore Your Legal Options with Our Bronx Attorneys After a Construction Accident
At Jesse Minc Personal Injury Law, we understand how to build the strongest possible cases for people who have been injured on construction sites. Our attorneys have been successful in court or at the negotiating table in more than 95 percent of our cases overall. We provide personalized attention rather than making each client go through a maze of paralegals and administrative assistants to talk to their attorney.
We offer free consultations to people throughout New York City, including in Manhattan, Brooklyn, the Bronx, Queens, and Nassau, Suffolk, and Westchester Counties. We do not charge a fee in most construction accident cases unless we are able to get benefits or compensation for our client. Call us at (718) 354-8000 or contact us online to schedule a free initial consultation. Se habla espanol.