Construction sites can be dangerous places due to heavy machinery, elevated platforms, and hazardous materials associated with such sites. When a construction accident occurs, it often leaves the victims with serious injuries. For example, struck-by accidents were responsible for 150 deaths in the US construction industry in 2020.
If you have been injured in a construction accident, the law provides that your employer pays for the injuries and losses sustained and you can pursue a personal claim if a third party contributed to your injury. However, many times the insurance companies may deny your claim on unclear grounds. We highly advise you to seek help from our construction accident attorneys at The Barnes Firm to help you handle the legal process. Our team has experience in handling construction accident claims in Rochester, New York, and we are ready to fight for the rights of our clients.
Here’s why you can trust us to handle your construction accident claim:
Construction sites are inherently high-risk environments, and accidents can occur in a variety of ways. Here are the common construction site accidents:
At The Barnes Firm, we have dealt with various forms of construction accident cases and understand the unique challenges they present. Our Rochester construction accident lawyers can help you handle your case based on the type of accident that caused your injury.
Construction zones in Rochester may have various factors that trigger accidents. Some prevalent factors contributing to construction site accidents in Rochester NY:
To mitigate these risks, construction companies in Rochester are to act within the Occupational Safety and Health Administration (OSHA) safety guidelines and protocols. OSHA is responsible for developing workplace safety and health standards.
It is essential to understand that you have limited time to file your construction accident claim in Rochester, New York. The statute of limitations, which is the deadline for filing a lawsuit, limits your time to act. If you don’t file your claim within the legal timeframe, you risk losing your right to seek compensation.
In New York, you have three years from the date of the accident or from the date of injury discovery to bring a personal injury lawsuit. However, workers in Rochester NY have two years to file a workers’ comp claim. There are exceptions and shorter time frames depending on the individual cases. A personal injury attorney can help you adhere to the necessary deadlines.
In New York, there are several construction accident laws in place to protect the rights and safety of construction workers.
Under this law, also known as the Scaffold Law, contractors and construction site owners can be held strictly liable for injuries to workers caused by falls from heights or falling objects. This means that if a worker is injured due to inadequate safety measures or the absence of proper scaffolding or equipment, one or both of these parties can be held responsible for the damages.
This law sets specific safety standards to adhere to in construction, demolition, and excavation sites. It requires owners and contractors to provide reasonable protection to workers by complying with the rules and regulations specified in the New York Industrial Code. If a worker’s injury results from the violation of these safety regulations, the owner or contractor may be held liable for the damages.
This law imposes a general duty on construction site owners, general contractors, and other parties in control of the construction site to maintain a safe working environment. They are responsible for providing adequate supervision, implementing safety procedures, and addressing hazards that could potentially harm workers.
It is not easy to determine liability in a construction accident claim. This is because there is a possibility that multiple parties may be responsible. Depending on each case, potential parties could include:
Our legal professional will investigate your case to identify the parties to hold accountable for your injuries.
As mentioned earlier, New York’s Scaffold Law establishes a higher duty of care for property owners and general contractors in construction accident cases. This law makes it easier for injured workers to recover compensation by placing strict liability on these parties for accidents involving falls from heights or falling objects. Your construction accident attorney will apply the Scaffold Law to strengthen your injury claim.
Construction accident victims may pursue various types of compensation. The recoverable damages vary based on the circumstances of your case. Common types of compensation include:
Although the law allows you to receive such damages, the insurance companies will try their tricks to deny claims or lowball settlements. It is in your best interest to seek legal counsel to ensure that you receive full and fair compensation.
Following a construction site accident that left you injured, taking proper actions can help protect your rights and strengthen your claim. Here are the steps to take:
It is advisable to call a personal injury lawyer as soon as possible after a construction accident. This is because timely legal representation ensures that your rights are protected from the beginning. A construction accident lawyer in Rochester can help you gather evidence while it is fresh and document it. This will help bolster your claim and maximize your chances of obtaining fair compensation.
To successfully recover damages in a construction accident case in Rochester, a robust legal strategy is key. This is because three different labor laws govern New York, and knowing how to apply them correctly requires the help of a Rochester construction accident lawyer. Should you or a loved one suffer injuries in a construction accident, don’t hesitate to reach out. Our attorneys will provide you with personalized attention and aggressively pursue the compensation you deserve. Contact us today for a free case evaluation.
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.
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