Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
Disclaimer: *Steve and Rich Barnes have obtained millions in recoveries for their clients and have supervised over $2.5 Billion Dollars in settlements.Getting our clients the best result possible
One of the key tasks of an attorney is to help determine the worth of your case to seek compensation for. While you may think your case is likely to result in a settlement like a similar case in Queens, each case is unique. Your Queens construction accident lawyer can help evaluate the facts of your case to ensure every aspect is considered to determine its true worth.
Factors contributing to the value of your claim include:
The extent of physical harm directly impacts the necessary medical attention and the potential for long-term health issues. When injuries are severe, immediate and possibly extensive medical treatment is required, leading to significant medical expenses.
More severe injuries typically garner higher compensation to cover the increased medical costs, extended rehabilitation, and the enduring impact on the individual’s life.
Your compensation for construction accident claims should reflect the intensity and duration of the pain experienced. This varies widely depending on the nature and severity of the injuries.
The ongoing discomfort, chronic pain, or the need for continuous pain management are key considerations. Also, the psychological impacts such as anxiety, depression, and trauma of coping with these challenges are crucial considerations.
If you were injured in a construction site, you may miss work and lose wages. Beyond the immediate impact, injuries can also affect your future earning potential. Reduced physical ability or the need to change careers can diminish long-term income prospects and affect your financial stability. The valuation of your claim should comprehensively check the impact on your career trajectory.
Workers’ compensation offers financial support for medical expenses and lost wages without having to engage in lengthy legal battles. However, this may not cover all damages incurred from the accident and falls short in compensating for non-economic damages. Workers’ compensation insurance benefits combined with additional legal claims may earn you comprehensive compensation that addresses the broader impact of your injuries.
New York City’s booming development has led to an increase in construction activity which, unfortunately, has also resulted in a rise in construction accidents. Construction workers in Queens are susceptible to a higher risk of workplace accidents due to the dangerous nature and setting of their construction jobs.
Injuries sustained in construction accidents can be traumatic and life-altering for victims and their families. If you or a loved one were injured in a construction accident in Queens, don’t hesitate to contact The Barnes Firm at (800) 800-0000 to receive a FREE case evaluation.
Victims of construction accidents may suffer injuries that cause them to miss work for an extended period of time. This means that they also cannot collect on their wage(s), and may struggle to pay medical bills, rent, and other financial responsibilities. At The Barnes Firm, we believe that construction accident victims deserve justice. Our team of experienced Queen construction accident lawyers specialize in handling the complexities and challenges that come with these cases and are committed to helping secure the compensation a construction accident victim deserves.
If you or a loved one were injured in a construction accident, don’t hesitate to contact The Barnes Firm today. Call us at (800) 800-0000 for a FREE case evaluation and find out what your case is really worth.
New York State has enacted specific labor statutes to guarantee construction workers a secure and safe working environment. Property owners and construction companies are obligated to implement measures that guarantee the safety of work sites and provide workers with the essential safety gear required for their tasks.
Section 200 of the labor law in New York State states that proprietors and contractors “provide adequate and reasonable protection to the lives, well-being, and safety of all individuals employed or lawfully frequenting such premises. All machinery and equipment within said premises must be positioned, operated, shielded, and illuminated in a manner that provides adequate and reasonable protection to said individuals.” Furthermore, this provision mandates that when an owner or contractor identifies a dangerous piece of equipment, they must set up a warning sign detailing the dangers and rectify the dangerous conditions.
Section 240, commonly referred to as the “Scaffolding Law,” lists the guidelines pertaining to the utilization of scaffolding on construction sites, including the following requirements:
Section 241 of the Labor Law stipulates that workers must be shielded from safety hazards that could potentially lead to injuries. This encompasses enclosing elevator shafts, ensuring the proper planking of floors, and implementing adequate equipment to prevent slip, trip, and fall accidents.
If you have sustained injuries on a construction site due to a property owner or contractor disregarding these regulations, you may be eligible to receive financial compensation for your injuries. Contact The Barnes Firm today at (800) 800-0000 for a FREE consultation.
“Alex Bouganim is the managing attorney at the Manhattan Office of The Barnes Firm. As managing attorney, Alex is responsible for overseeing all of the cases in the Manhattan Office. In addition to focusing his practice on general negligence cases, including car accidents, slip/trip and falls, and wrongful death cases, Alex is the Co-Chair of the firm’s construction site accident department. “Alex Bouganim – Personal Injury Lawyer in Manhattan, NY
At The Barnes Firm, our Queens construction accident attorneys over 100 years of combined experience handling various types of construction accident cases, including:
Construction site owners and operators bear the responsibility of adhering to safety protocols to prevent accidents.
Worker injuries on building construction sites in New York City have been a significant concern. According to the NYC Department of Buildings’ 2022 Construction Safety Report, numerous incidents involving construction workers occurred. With the surge in construction activities, there’s a corresponding increase in worksite incidents and injuries.
In Queens specifically, 110 construction-related incidents were reported. This was an increase from the past year, which had seen 73 deaths from construction accidents. This led to 79 workers sustaining injuries and 2 fatalities.
Construction accidents can lead to a wide range of injuries, from minor cuts and bruises to serious, life-altering injuries such as:
Regardless of the nature of your injuries, it is important to seek medical attention as soon as possible. Once your injuries have been evaluated, contact The Barnes Firm to speak with an experienced Queens construction accident attorney. For more information regarding your construction accident case, or to speak with a personal injury attorney, call The Barnes Firm at (800) 800-0000.
Liability for a construction accident can vary from situation to situation. Quite often, more than one party could be at fault, making it highly important to consult with a Queens construction lawyer about your unique situation.
Depending on what exactly happened in your construction accident, you might have a case against these parties:
An attorney can help identify all liable parties and build a strong case to hold them accountable for your injuries. They may look at the equipment you were handling, any hazardous conditions, and who had control of the site at the time of the accident.
Contact a Queens Construction Accident Lawyer
Seeking compensation can be a long and difficult process to navigate. The specific circumstances of your accident and the severity of your injuries and damages effect how much you may receive. After a construction accident, you may be entitled to seek compensation for various damages, including:
At The Barnes Firm, we understand the emotional, financial, and physical hardships that construction accidents can cause for victims and their families. The Barnes Firm is here to help you secure the compensation you deserve.
When it comes to construction accident cases, there are two categories of damages you can seek, namely economic and non-economic damages.
Economic damages are the financial losses someone suffers due to an accident or injury. These damages cover the money you need to spend or the money you lose because of what happened.
Non-economic damages cover intangible losses that impact your quality of life. They are the non-financial losses you experience because of the construction accident injury. They include the following:
Your attorney will look beyond just your medical expenses to understand the full impact of the accident on your life. They will thoroughly evaluate economic and non-economic damages so that your settlement fairly covers your injuries.
If you’ve been involved in a construction accident, it’s advisable to take immediate steps to protect your rights and strengthen your claim:
Primarily, the actions you take following an accident influence the progression and outcome of your case. If you can take appropriate steps, you can enhance the seamless handling of your case and protect your rights.
In Queens, you have three years following an accident to file a claim. This is based on the New York statute of limitations for personal injuries (N.Y. C.P.L.R Law § 214 (2024).). However, there are a few tolling factors that can extend or shorten this period.
For instance, claims against government entities have a one-year and 90-day filing window. Also, the statute of limitations may not begin to count until the injury is fully discovered. Under-age plaintiffs will have to wait until they are 21 years old to commence a lawsuit (CPLR § 208(a))
A lawyer will explain the various deadlines applicable to your case and ensure that your claim is filed on time to prevent you from losing your right to compensation.
Construction site injuries can result from various causes. This depends on the type of work being done and the form of negligence that caused the incident. Majorly common causes of construction site injuries include:
Figuring out what led to your injury is key to building a solid case and making sure those at-fault are held responsible.
At The Barnes Firm, we understand the overwhelming nature of construction accidents and the impact it can have on your life. If you or someone you know has been injured in a construction accident in Queens, contact The Barnes Firm today at (800) 800-0000 and speak with an experienced Queens construction accident attorney. Let us help you get the best result possible.
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) 800-0000Most 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.
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.
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.
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:
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