For an injured worker, the aftermath of a construction accident can be overwhelming in terms of their physical and mental health as well as finances. Fortunately, as construction workers in NYC, you all have rights, and these rights are best protected by getting in touch with a construction accident attorney.
In NYC, a combination of federal and state laws protects the rights of construction workers. The federal protection of workers rights comes from the Occupational Safety and Health Administration (OSHA), while New York State Law is enforced by organizations such as the New York State Department of Labor and the New York State Worker’s Compensation Board.
Some notable NY State labor laws include:
OSHA has dubbed the most common causes of workplace accidents as the “Fatal Four,” and they include:
In the fiscal year of 2024, the construction sector has been named the primary offender in violating four of the top 10 most violated OSHA safety regulations (Commonly Used Statistics | Occupational Safety and Health Administration). These include:
Furthermore, injuries in the construction sector have also been attributed to explosions, exposure to hazardous materials, trenching, excavations, etc.
If you are involved in a construction accident, make sure that you have carried out the following steps:
There are primarily two (02) ways in which you can claim relief from either the responsible party. They are (1) obtaining worker's compensation or (2) filing a civil action lawsuit.
It is a no-fault and fast-track system that provides workers with the ability to claim compensation for any and all work-related injuries and work-related illnesses (e.g., occupational respiratory illnesses and hearing loss).
However, there are limits to the benefits you receive as well as the duration for which you will receive them. Furthermore, a lost wages benefit is typically around ⅔ of what you might have earned by working.
With the aid of a construction accident attorney, you may file a civil action lawsuit against the responsible parties in the courts of relevant jurisdiction by taking into account all the economic and non-economic damages you would have suffered as a result of the construction injury.
Some of the conditions that can be taken into account in quantifying a civil action lawsuit include
The list we’ve mentioned is not exhaustive and what is to be included as part of the claim will depend on the individual circumstances of your case.
One of our experienced construction accident attorneys can look at your case, identify elements that can be used to establish your claim and advise you on the best course of action moving forward.
It is important to note that both compensation claims and civil action lawsuits are subject to a statute of limitations.
In New York State, the statute of limitations for claims and suits is as follows:
However, if certain exceptional circumstances can be proved, the statute of limitations may be extended.
But it is advisable to file your claim or suit without delay to ensure that you receive the compensation you deserve as quickly as possible.
When handling your construction accident case, getting a qualified attorney involved can be beneficial for a number of reasons. They include -
Call the law office of Alex Yadgarov & Associates at 866-995-9035 to schedule your free consultation in English, Spanish, or Russian.
FAQs
Do you need a construction accident attorney to represent you?
In New York State, individuals have the right to represent themselves in a court of law. People who represent themselves are often called “self-represented” or “litigants in person”.
Unless you have a thorough understanding of the law and court procedure, it is ill-advised to engage in self-representation. With the help of a construction accident attorney, you are far more likely to build an ironclad case and identify all possible avenues through which you might claim compensation.
What would happen if the victim were partly to blame for the construction accident?
New York State adopts the comparative negligence system, meaning that the damages claimed and the extent to which you contributed to the construction accident are connected. For example, suppose you were around 25% responsible for your own construction accident; the damages you would be able to claim are reduced by 25%.
How long does a construction accident lawsuit take to finish?
There is no definitive time frame. Some cases might take months, while others can go on for years. Factors such as the data of filing, the complexity of the matter, and the availability of court all play a part in how long the construction accident case would last.
Can we settle the matter outside of court?
Yes, in most cases, construction accident matters are settled outside court with negotiations between the legal teams of the respective parties. Furthermore, your employment contract may specify an alternative dispute resolution method such as mediation or arbitration for dealing with such matters.
No espere para comenzar su proceso de recuperación. Si usted ha sido lesionado personalmente, ya sea en un accidente de autobús, un accidente relacionado con el trabajo, u otro tipo de incidente, necesita representación legal con experiencia para ayudarle a trabajar a través de su caso. Nuestros abogados de lesiones personales en Rosedale quieren ser esa representación. Llame a Alex Yadgarov & Associates al 866-995-9035 o rellene el siguiente formulario para su consulta gratuita en inglés, español o ruso. Vendremos a usted a su conveniencia.
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