Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
Determining the value of a construction accident claim can be complex, as it depends on various factors specific to your case. These factors may include the extent of your injuries, the impact on your ability to work and earn a living, the long-term consequences of the accident, and the negligence of the other parties involved.
- $ 24,000,000.00 Settlement Amount for a Construction Accident: Injured while repairing construction equipment.
- $ 7,800,000.00 Settlement Amount for a Construction Accident: Struck by vehicle at construction site.
- $ 5,575,000.00 Settlement Amount for a Construction Accident: Site slip and fall accident.
- $ 4,075,000.00 Settlement Amount for a Construction Accident: Construction Accident
- $ 3,000,000.00 Settlement Amount for a Construction Accident: Fall From Roof
- $ 2,500,000.00 Settlement Amount for a Construction Accident: Fall From Elevated Height
- $ 2,500,000.00 Settlement Amount for a Construction Accident: Injured by Exploding Pipe at Job Site
To accurately assess the value of your claim, it is best to consult with one of our experienced New York construction accident lawyers at The Barnes Firm who can thoroughly evaluate your case. They will consider all relevant factors and help you pursue the maximum compensation you deserve. Each case is unique, and past results do not guarantee or predict future outcomes. Settlement amounts can vary based on individual circumstances and legal factors.
Contact a Brooklyn Construction Accident Lawyer Now
Brooklyn’s skyline constantly evolves with ongoing construction activity. This growth and development bring opportunities, yet it also comes with significant risks for those working on these projects. Construction sites are inherently hazardous, and accidents can lead to severe injuries or even fatalities. When these unfortunate incidents occur, you should speak with a Brooklyn construction accident lawyer to help you explore your options.
The Barnes Firm leverages over 500 years of collective experience to benefit your case. If you or a family member has suffered due to negligent actions at a construction site in Brooklyn, we can represent you. Falls. These are the most common injury on construction sites, often occurring when workers fall from ladders, scaffolding, or rooftops. Uneven or slippery surfaces, improper training, or lack of sturdiness in ladders or scaffolding all contribute to fatal fall accidents on job sites.
Construction workers often risk their lives to build the structures that shape our community. To reduce any ugly incidents, every construction site is supposed to adhere to strict safety protocols. Unfortunately, accidents still do happen, some of which have debilitating impacts on the victims.
In case of injuries, having a lawyer who has experience with construction accident cases is crucial. You deserve adequate legal recovery for your injuries and losses and that is why it is advisable to retain a legal advocate.
Our attorneys know the difficulties you might encounter following a construction site accident, and we are here to offer the necessary support and legal representation to navigate complex legal procedures. Whether it involves negotiating with insurance firms or pursuing a legal claim, we are ready to go any length to fight for justice and proper compensation.
So, don’t hesitate to seek assistance from a construction accident lawyer in Brooklyn.
If you need further guidance or have specific questions about your situation, contact us for personalized assistance. We will investigate the facts of your accident and build a strong case to ensure you obtain the maximum settlement available under the law.
Boasting a team of more than 40 knowledgeable attorneys, our firm is adept at managing a wide range of construction accident injury cases across New York City. Our rich experience with various injury claims means we are well-prepared to represent your case effectively.
We understand that each type of accident comes with unique legal challenges, but we know how to approach even the most complicated of cases to safeguard everyone’s rights.
Each type of accident on construction sites may involve distinct parties or factors contributing to the incident. Your attorney will help identify the specific nature of the accident and determine who may be legally liable for the injuries sustained.
Determining liability in a construction accident involves looking into the manner in which the accident occurred. This often involves looking out for negligence and proving departure from the expected duty of care.
These cases often involve more than one liable party. Your lawyer will help identify all responsible entities to ensure total compensation for your injuries. Here are the major liable parties in most construction sites in Brooklyn:
General contractors oversee construction projects and are responsible for ensuring that safety protocols are followed. If a general contractor fails to provide a safe working space, they can be responsible for any resulting injuries.
We have experience holding general contractors accountable to ensure compensation for injured workers accordingly.
Construction site owners also bear responsibility for maintaining a safe environment. They must comply with safety regulations and address any hazardous conditions on their property. If an owner’s negligence leads to an accident, they can be held liable. We work meticulously to investigate these situations, gathering evidence to build a winning case against negligent property owners.
Other possible liable parties in a construction accident injury claim include:
In New York, injured workers typically cannot sue their employers directly due to workers’ compensation laws. Workers’ compensation serves as the sole recourse for employees who suffer injuries while at work. Also, it is a no-fault system, meaning that employees are entitled to benefits, irrespective of who is at fault for the accident. In return, they generally forfeit the right to sue their employer for additional damages.
Construction mishaps can lead to a diversity of injuries, some minor cuts and bruises while others can profoundly alter one’s life. Victims of construction accidents cite injuries such as:
No matter the severity of your injuries, we are committed to helping you seek the financial compensation you need. We take into account all aspects of your case to make sure that your compensation covers your future medication needs, life adjustment costs, and overall suffering.
If you incur an injury at a construction site, several types of damages may be available. These can include:
Our team of attorneys at The Barnes Firm are dedicated to ensuring you receive comprehensive compensation to address all the consequences of your injury. Therefore, don’t hesitate to engage us today to begin calculating the damages to seek.
In Brooklyn, New York, the timeframes for filing an injury claim with the insurance company depend on the nature of your claim. You must file your written claim with the insurance company within 30 days of the accident date to comply with New York’s no-fault insurance law. Failure to meet this deadline may result in a denied claim.
You must report work-related injuries to your employer within 30 days of the accident. Then, you will have up to two years to file a claim for a work-related illness or injury with the NYS Workers Compensation Board.
Remember to gather sufficient evidence to support your claim immediately after the construction accident to strengthen your case and ensure timely filing within the specified deadlines.
One of the key considerations when filing your injury lawsuit in Brooklyn is the statute of limitations. This is the law that limits the time within which you can initiate a lawsuit.
In New York, injury claims are governed by a three-year statute of limitations (CPLR 214(5)). For wrongful death claims, you have only two years to file your suit (EPTL 5-4). This means that you have a limited time to act, and if you miss the legal deadline, you may lose the ability to bring a lawsuit.
It’s advisable to act promptly because delays can undermine your case and make the legal process more complicated. Also, you will need enough time to gather evidence, which takes time. Therefore, we recommend contacting an experienced attorney at The Barnes Firm as soon as possible to make the process seamless.
New York State provides specific legal protections for construction workers under various labor laws. These laws are designed to enhance safety in the workplace. Additionally, in the event of a work-related accident, your lawyer can use them to determine liability.
Section 200 requires employers to maintain a safe work environment by implementing reasonable safety measures. This law covers general safety standards and places an obligation on employers to ensure a hazard-free workplace through proper maintenance and supervision.
This statute ensures accountability for those responsible for providing a safe work environment in cases of accidents involving falls from heights. This law holds employers accountable for ensuring the safety of their employees.
This is frequently referred to as “Scaffold Law,”. Section 240 specifically addresses the risks associated with working at elevated heights in construction. It imposes strict liability on contractors and owners to provide necessary safety equipment like scaffolding, harnesses, and guardrails to protect workers from falls.
In cases where a violation of Section 240 contributes to a worker’s injury, the law holds contractors and property owners strictly liable for the harm suffered by the worker. This statute holds those responsible for providing a safe work environment accountable for accidents involving falls from heights.
Section 241 outlines specific safety requirements for construction, excavation, and demolition work in New York. It sets forth detailed regulations concerning worksite conditions, protective gear, and safety protocols to safeguard workers from preventable accidents.
Violations of Section 241 can form the basis of legal claims for injured construction workers seeking compensation for injuries sustained on the job. This law requires adherence to clear safety standards on construction sites to protect the well-being of workers.
Handling a construction accident in Brooklyn can be challenging, especially if you’ve suffered serious injuries and financial difficulties. Our team of construction accident lawyers in Brooklyn is here to support you. At The Barnes Firm, we offer compassionate legal representation to ensure you can focus on recovery and rebuilding your life. We understand New York’s construction laws and can properly apply them when advocating for your rights. Contact us today for a free consultation to see how we can assist with your case.
If you’ve been injured in a car accident, slip and fall, construction accident, or have suffered another type of personal injury contact our team today.
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Most people have never needed a lawyer when they find themselves injured and in need of legal advice. We hear the following questions from many of our clients. We hope the answers help clarify your options and considerations.
A construction accident lawsuit goes through a series of steps, including finding an attorney, conducting investigations, filing a notice of claim, discovery process, negotiations, trial, and reaching a verdict.
Although the Occupational Safety and Health Administration (OSHA) requires construction companies to apply strict safety standards, accidents still happen. These are the most common causes of accidents on construction sites:
Generally, construction sites are a risk to construction workers and the public. Therefore, the law obligates construction companies to secure the sites and protect workers and bystanders from injuries. Besides a construction company, other parties may be liable for a construction site accident claim. Anyone whose negligence contributes to an accident could be responsible if someone suffers a construction site injury.
There’s no waiting period if you want to file a construction accident claim. You can initiate an insurance claim right immediately after the accident occurs.
If you delay filing an insurance claim, you risk losing your right to compensation through the statute of limitations. An insurance company may also question the severity of your injury if you submit an insurance claim days or weeks after the incident.
Understanding how to claim medical damages can increase your chances of a positive outcome and financial support for the future.
Seek Medical Attention: You should prioritize immediate medical attention after you’ve sustained an injury in a construction accident. Ensure you visit a qualified physician for examination, even for a minor injury.
Prepare Documentation: Documentation is crucial for anyone looking to obtain compensation after a construction accident.
Consider Legal Representation: While most victims obtain compensation from the at-fault party’s insurer, some receive settlement amounts that hardly cover injury-related losses.
File an Insurance Claim: Contact the insurer of the at-fault party about the construction accident. In most cases, an insurer will table a settlement proposal.
Personal Injury Claim
Depending on how the accident occurred, you may be able to file a personal injury claim in addition to a workers’ compensation claim. Your personal injury claim will be based on New York’s Labor Law. This allows you to pursue a personal injury claim against certain entities that are affiliated with the job site for the failure to provide you with safety devices to perform your work or the failure to provide you with a safe place to work. Your personal injury claim will consist of past and future pain and suffering related to the injuries you have sustained at the job site and all the medical treatment you needed for these injuries. You are also making a claim for past and future lost wages, which includes any money that you did not receive that you believe you were entitled to, as well as your annuity, pension, and other parts of your benefits package.
It is important to note, you only have three years to file a personal injury claim. You can have both a workers’ compensation claim, and a personal injury claim at the same time.
Workers’ Compensation Claim
Worker’s compensation is insurance that provides medical and wage benefits to employees who have been injured on the job. These claims provide:
In order to file a workers’ compensation claim, you must:
Employers may try to discourage employees from filing a worker’s compensation claim. It is illegal for an employer to tell an employee not to file a worker’s compensation claim and an employer cannot retaliate against, or fire, employees for filing a workers’ compensation claim.
Even without evidence, you can still file certain claims, but any evidence you can gather is always helpful. If you can, the following pieces of evidence can help support your claims:
Yes, you should always seek medical treatment no matter how minor you believe your injury to be. Do not ignore your injuries and hope it will get better or go away on its own. Ignoring your injury can lead to the injury getting worse and delay the recovery process. After an accident, it is always in your best interest to visit a hospital, urgent care center, or your primary care doctor to get a full assessment of your injuries and a treatment plan.
The first thing you should do if you or one of your crew members are injured at a job site is notify your employer about the accident. You must notify your employer verbally or with written notice within 30 days of the accident occurring if you intend to pursue a workers’ compensation claim. When you provide this notice, your employer should give you an accident report to fill out. This report is an important piece of evidence. There should be no guesswork or opinions in an accident report. It should be your account of how the accident happened, not why you believe it happened. Only sign an accident report after you have read through it and made any necessary changes. Then, take a picture of every page of the report to have a record of your statements.
Regardless of the extent of your injuries, you should always fill out an accident report. It can sometimes take days or weeks for pain and injuries to appear and filling out an accident report preserves your right, at a minimum, to make a workers’ compensation claim.
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