Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
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.
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.
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.
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.
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.
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.
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.
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.
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:
When handling a construction accident claim on Long Island, several parties are possibly liable. Liability can extend to one of several of the following:
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.
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.
Manufacturers of construction equipment and machinery can be held liable if a defect in their equipment contributes to an accident. Such defects may include:
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.
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:
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.
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 the New York Labor Law 240, which imposes strict liability on parties involved in construction projects, such as property owners, contractors, and employers. 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 the premise 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.
Notedly, it is not uncommon for joint and several liability may come into play in regards to falls in construction ancients. 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 the construction site’s 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.
Various types of construction accidents may qualify for compensation, depending on the circumstances and liability. The common types of construction accidents include:
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.
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.
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
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
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.
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.
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.
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.
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:
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.
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.
We are always available to discuss your case. Give us a call at (800) 800-0000.
Fill out our form and we will contact you shortly to discuss your case
Our attorneys will come to your home, office or hospital at your convenience.
We are available anytime, including after hours and
weekends.
420 Lexington Avenue
Suite #2140
New York, NY 10170
Phone: (800) 800-0000
Fax: +1 (800) 853-5153
600 Old Country Road
Suite #425
Garden City, NY 11530
Phone: (800) 800-0000
Fax: +1 (800) 853-5153
500 Pearl Street
Suite #700
Buffalo, NY 14202
Phone: (800) 800-0000
Fax: +1 (800) 853-5153
451 Grider Street
Buffalo, NY 14215
Phone: (800) 800-0000
Fax: +1 (800) 853-5153
28 East Main Street
Suite #600
Rochester, NY 14614
Phone: (800) 800-0000
Fax: +1 (800) 853-5153
633 West 5th Street
Suite #1750
Los Angeles, CA 90071
Phone: (800) 800-0000
Fax: +1 (888) 800-7050
555 12th Street
Suite #1470
Oakland, CA 94607
Phone: (800) 800-0000
Fax: +1 (888) 800-7050
655 W. Broadway
Suite #940
San Diego, CA 92101
Phone: (800) 800-0000
Fax: +1 (888) 800-7050