Long Island Construction Accident Lawyer
Despite advances in workplace safety, construction sites continue to pose a threat to workers. Construction zones are inherently risky due to the presence of heavy machinery and many operations that require keenness. Construction accidents often leave victims grappling with serious injuries which greatly change the dynamics of their daily lives. When injured on a construction site on Long Island, hire a construction accident attorney soon after the incident for legal advice.
Our legal professionals have handled thousands of accident injury cases and have won significant settlements for our clients. Additionally, The Barnes Firm has over 500 years of combined experience. As such, we have the capacity and resources to handle construction accident claims. Don’t hesitate to reach out today for a free case evaluation.
Why Trust Us With Your Construction Accident Claim?
We stand apart from the commonplace approach of law firms relying on mere promises to attract clients. The evidence of our success in personal injury cases is grounded in the tangible achievements we have won for our clients. Here is why you need to trust our firm with your claim.
Proven Track Record
Our law firm takes pride in its proven track record of successfully handling construction accident claims. We have handled over 150,000 accident cases so far, and this demonstrates our effectiveness in securing a favorable outcome for you.
Client-Centric Approach
We prioritize our clients above all else. Our approach revolves around understanding your unique needs and concerns. Thus, we ensure that every aspect of your case is tailored to address your specific situation.
Free Initial Consultation
Embarking on your legal journey with us comes at no initial cost to you. We offer a free consultation to discuss your case, ask questions, and gain insights into your legal options without any financial commitment.
Don’t Pay Until We Win
Your peace of mind matters to us. We understand the financial difficulty that comes with accident injuries. As such, we want our clients to be able to pursue their rights without minding the financial obligation of the legal claim. You will only pay your lawyer after we secure a victory.
Huge Team of Attorneys
With a substantial team of over 40 attorneys, we bring a wealth of legal knowledge and skills to the table. The collective knowledge of our legal team ensures that your case is handled thoroughly and professionally.
Unique Case Approach
From the past cases we have handled, we can almost guarantee that every case is unique. Therefore, we adopt a unique approach to address your specific construction accident claim. Your case receives personalized attention so that our strategy helps us maximize your recovery.
What Damages Can I Recover for a Construction Injury?
Recovering damages for a construction injury involves considering various factors related to the incident and its impact on the injured party. The types of damages that you may pursue include:
- Medical expenses to cover current and future medical bills.
- Income lost during the recovery period.
- Physical and emotional distress endured.
- Disfigurement or scarring.
- Permanent disability in case the construction injury leads to permanent disability or impairment.
- Loss of enjoyment of life.
- Wrongful death damages such as the emotional impact of losing a loved one, funeral expenses, loss of financial support, etc
Who Is Liable for a Construction Accident?
When handling a construction accident claim on Long Island, several parties are possibly liable. Liability can extend to one of several of the following:
Construction Company
The primary entity overseeing the construction project is often held accountable. This includes putting proper safety measures in place, ensuring workers are adequately trained, and maintaining a safe working environment. Negligence on the part of the construction company may result in liability for accidents that occur on the site.
Property Owner
The property owner may be responsible for a construction accident, especially if they are actively involved in the project or fail to address known hazards on the premises. Property owners are generally obligated to provide a safe environment for workers and visitors.
Equipment Manufacturers
Manufacturers of construction equipment and machinery can be held liable if a defect in their equipment contributes to an accident. Such defects may include:
- Design flaws
- Manufacturing defects
- Inadequate warnings about the proper use of the equipment
Any Other Negligent Party
Liability may extend to third parties whose negligence contributes to a construction accident. This could involve subcontractors, architects, engineers, or suppliers who fail to adhere to industry standards or safety regulations, resulting in an unsafe working environment.
Third-Party Construction Injury Claims
A third party refers to any entity other than the injured construction worker’s direct employer. These third parties may play diverse roles within a construction project and could encompass various entities, such as:
- The property owners who fail to maintain a safe working environment,
- Contractors or subcontractors involved If their actions or negligence lead to a construction accident, they may be held accountable for the damages incurred.
- Equipment operators, if their negligent actions contribute to an accident
- Manufacturers of defective equipment if their products are found to be defective
- Architects and engineers for designs or recommendations that contribute to unsafe conditions.
When a construction worker suffers injuries and losses as result of the negligence of a third party, they may have the right to pursue a third-party construction injury claim. Unlike workers’ compensation claims, which generally involve the direct employer, third-party claims allow injured workers to seek compensation from other responsible parties involved in the construction project.
Special Liability Rules Apply to Some Construction Fall Injuries
Construction fall injuries feature special liability rules. On Long Island, New York, construction fall injuries may trigger the “Scaffolding Law” or “Gravity-Related Injury Law.” This is New York Labor Law 240, which imposes strict liability on owners, contractors, and their agents involved in construction projects. Strict liability means that these parties may be held responsible for any fall injuries that occur on their property, regardless of fault or negligence.
In addition, property owners in New York are held responsible for falls that happen on their property through premises liability law. This means that the owner of the construction site can be held responsible for injuries resulting from falls, even if they can demonstrate that they took reasonable precautions or were not overtly negligent. Strict liability is often applied to inherently dangerous activities within the construction industry.
It is not uncommon for joint and several liability to come into play with falls in construction accidents. This allows the victim to seek damages from the responsible parties, regardless of each party’s individual degree of fault. This can be particularly important in construction fall cases where liability may be shared among various entities.
The purpose of these laws is to enforce construction site safety as much as possible for workers and others present on the site. They place a high burden on property owners and other responsible parties to properly maintain and secure scaffolding, ladders, and other elevated work areas. Your Long Island construction accident lawyer will look into the specific issues about your claim, determine the applicable liability rules and guide you through the claim process to pursue justice.
What Types of Construction Accidents May Qualify for Compensation?
Various types of construction accidents may qualify for compensation, depending on the circumstances and liability. The common types of construction accidents include:
- Falls from heights
- Struck by objects
- Electrocutions
- Machinery accidents
- Trench collapses
- Slips and trips due to uneven surfaces, debris, or wet conditions
- Chemical exposures
- Fire and explosions due to activities involving open flames or combustible materials
- Repetitive motion injuries
- Collapse of structures
Seeking compensation for construction accidents often involves going through various legal processes. You should consult with a Long Island construction accident Lawyer to assess your eligibility for compensation and pursue the appropriate legal avenues to secure fair recovery.
You Have a Limited Time to File Your Long Island Construction Accident Lawsuit
If a construction accident on Long Island has injured you, understand that you have limited time to file a lawsuit for compensation.
In Long Island, the statute of limitations sets the time limit within which to file personal injury lawsuits to three years from the accident date and 2 years for wrongful death claims. This means that you must bring your lawsuit within this timeframe, otherwise you will lose the legal right to seek damages.
However, these time limits may vary depending on various circumstances around your case, so it is advisable to hire a construction accident attorney on Long Island to determine the deadlines that apply to your situation.
Recent Long Island Construction Accident Settlements
Our Long Island construction accident attorneys have recovered significant compensation for injured workers and others hurt on construction sites. Recent results include:
- $700,000 for a client who tripped and fell at a construction site, sustaining hand and wrist injuries.
- $375,000 for a client who fell down stairs at a construction site, sustaining brain, arm, leg, and ear injuries.
- $300,000 for a client who fell multiple rungs off a ladder, after the ladder slipped out from under them.
Consult a Long Island Construction Accident Attorney Today
Handling a long construction accident claim can be overwhelming. This is because there is a mix of applicable laws from the state to federal laws on Long Island, NY. Additionally, your claim will require an assessment by a Long Island construction accident lawyer to determine its viability before proceeding with the claim. At our firm, we can help with building a robust strategy to ensure your claim achieves a positive result. If you need help after a construction accident on Long Island, don’t hesitate to contact us. Call the Barnes Firm today at (800) 800-0000 to book a free case evaluation.
Our Long Island Personal Injury Attorneys at The Barnes Firm Injury Attorneys help victims from New York. Our firm is conveniently located near you. We have an office on Long Island at 600 Old Country Rd # 425, Garden City, NY 11530. Find us with our GeoCoordinates: 40.742689431275515, -73.61562473548132
Our team of attorneys want to hear from you.
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.
Free Case Evaluation or call us: (800) 800-0000Client Reviews
What our clients are saying about us
Nichole W.
The Barnes Firm was very friendly, always quick to respond to our calls, emails. When we had any questions or concerns they were there to walk us through everything. Would definitely recommend them to anyone that is looking for an attorney that will honestly fight for you and has your best interest in mind.
Answers to Your Long Island Construction Accident FAQs
The first thing you should do if you or one of your crew members are injured at a Long Island 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.
Yes, you should always seek medical treatment no matter how minor you believe your injury to be. Do not ignore your injuries and hope they get better on their own. Ignoring an injury can lead to it getting worse and delay your recovery. After an accident at a Long Island construction site, it is always in your best interest to visit a hospital, urgent care center, or your primary care doctor on Long Island to get a full assessment of your injuries and a treatment plan.
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 claim:
- Pictures and videos of the construction site, the condition that caused your accident, the accident location after your accident, and your injuries. If you cannot gather photos or videos yourself, reach out to a coworker on-site and ask them to take a photo or video for you.
- Witnesses who saw how the accident occurred, or the aftermath of the accident, can help your claim. It is important to gather their personal information, such as full name, phone number, and email address.
Workers’ compensation is insurance that provides medical and wage benefits to employees who have been injured on the job, including construction workers on Long Island. The Barnes Firm does not handle workers’ compensation claims directly — our focus is on the third-party personal injury claim described below. If you need to file a workers’ compensation claim, you should also consult with an attorney who specifically handles workers’ compensation matters. That said, here is some general information so you understand how workers’ compensation works alongside any personal injury claim we may pursue on your behalf.
These claims generally provide:
- 100% coverage of medical bills, including copays and deductibles.
- Up to 2/3 of your average weekly wage, tax-free, for the period you are deemed disabled, subject to the state’s maximum benefit cap.
In order to file a workers’ compensation claim, you must:
- Notify your employer within 30 days of the accident.
- Provide documentation from your doctor or medical provider indicating you are injured.
- File a C-3 document within 2 years of your accident.
Employers may try to discourage employees from filing a workers’ compensation claim. It is illegal for an employer to tell an employee not to file a workers’ compensation claim, and an employer cannot retaliate against or fire an employee for filing one.
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 — this is the type of claim The Barnes Firm handles. Your personal injury claim for a Long Island construction accident will be based on New York’s Labor Law. This allows you to pursue a claim against certain entities affiliated with the job site — such as the property owner or general contractor — for failing to provide you with safety devices to perform your work, or for failing to provide you with a safe place to work. Your personal injury claim will consist of past and future pain and suffering related to your injuries, all the medical treatment you needed, and past and future lost wages, including any money you believe you were entitled to, as well as your annuity, pension, and other parts of your benefits package.
It is important to note that you only have three years to file a personal injury claim in New York. You can have both a workers’ compensation claim and a personal injury claim at the same time, even though our firm handles only the latter.
If a construction accident on Long Island results in a fatality, surviving family members may be able to bring a wrongful death claim. New York law gives you two years from the date of death to file, which is shorter than the three-year deadline for a standard personal injury claim. A wrongful death claim can seek compensation for funeral and burial expenses, loss of financial support, and other losses tied to the death.
New York follows a pure comparative negligence rule, so being partially at fault will not prevent you from recovering compensation — no matter how large your share of the fault is. Your total award is instead reduced by your percentage of responsibility. For example, if you’re found to be 20% at fault, your compensation is reduced by 20%, but you can still recover the remaining 80%.
Written by The Barnes Firm, reviewed by Richard Barnes
