Construction Accident and Injury Lawyers in New York City

Were You Injured on a Construction Site in New York City?

Workers injured while working at a construction site may be allowed to sue the owner, its agents, and contractors for all damages sustained due to harm to the worker. Workers’ compensation laws may affect your financial recovery depending on your employment status and the degree to which your employer is found liable for your injuries.

Parties other than your employer — including third-party contractors, property owners, or equipment manufacturers — may be legally responsible for your accident. Workers’ compensation laws will not affect your ability to recover from anyone at fault besides your employer. Injured workers can file lawsuits for construction site injuries and still receive workers’ compensation benefits.

You may claim compensation for past and future lost earnings, pain and suffering, past and future medical expenses, loss of benefits, and other damages. If you were injured or lost a loved one while working on a construction site and have questions about whether you are eligible to file a personal injury claim in addition to workers’ compensation, contact our skilled construction accident attorneys in New York City today to discuss your unique circumstances during a free consultation.

Who is Liable for New York City Construction Accidents, Injuries, and Fatalities?

Construction accidents can result from various factors, so it’s crucial to determine who or what was responsible for the injuries.

That may include:

• Construction Site Owners

The amount of control the owner has over the premises would determine if they are liable. The amount or kind of work conducted would not be a factor.

• Contractors

Contractors must provide workers with a reasonably safe construction site. They must be alert to potential hazards on the construction site or within the job. When an injury occurs, the failure of a contractor or subcontractor to perform these duties may allow an injured worker the opportunity to seek compensation for their losses.

• Engineers and Architects

Architects and engineers must monitor progress and ensure the construction site complies with local and federal regulations. To determine whether an architect or engineer may be liable for an injury, it would be necessary to know which duties the engineer or architects were responsible for before determining liability.

• Product Liability

Sometimes, your injury may be caused by a piece of equipment, but the injury wasn’t necessarily caused by improper use. Instead, the equipment or tool may have malfunctioned due to a faulty design or poor manufacture. Your claim would again be brought as a civil lawsuit, but one for “product liability.” The defendant in the lawsuit could be anyone from the tool’s designer to a supplier of parts used in the equipment assembly.

If you have been injured in a construction accident, call the New York construction accident lawyers at David Resnick & Associates, P.C. today to receive a free consultation, or fill out our online contact form, and a representative from the firm will schedule a consultation.

What Happens If New York City Construction Accidents Are the Result of Safety Violations in the Workplace?

Employers are prohibited from retaliating against employees who identify safety violations in their workplace based on a report.

If a worker is injured on the job, the worker may file a workers’ compensation claim. The worker must not prove negligence to receive workers’ compensation benefits.

However, if a third party’s negligence or violation of safety rules was responsible for causing a worker injury, the worker may pursue a personal injury claim to obtain additional compensation not available through the workers’ compensation program. In an injury lawsuit, a violation of safety regulations could be used to prove the defendant should be held liable for losses.

Our New York City construction accident attorneys can help injured workers determine who is liable for their injuries and pursue their insurance coverage for the financial compensation they need to regain control of their lives. Find out how we can help you today. Call us or contact us online for a free claim review.

Who Can File a Third-Party Lawsuit in New York City Construction Accidents?

For over 25 years, our skilled construction accident and injury attorneys in New York City have helped our fellow New Yorkers determine if a third-party injury lawsuit against a person or company other than their employer may be filed.

New York Labor Laws offer special protections to construction workers injured on the job, but your negligence — real or perceived — could offset any liability by a third party. Don’t make any statements or sign documents admitting fault, as these actions could reduce the compensation you can recover through a lawsuit.

An exception to this rule is provided under New York Labor Law Section 240 (the so-called “scaffold law”). The scaffold law states that contractors and property owners bear absolute liability for gravity-related hazards, including falling objects, falling workers, and collapsing structures. This means that you may not have to prove that a contractor or property owner was negligent in bringing a lawsuit for damages against them.

Despite the unique worker protections afforded by New York’s Labor Laws, it is in your best interest to make no statement and sign no paperwork without first speaking with our dedicated construction accident and injury attorneys in New York City. We will provide the legal knowledge and skills you need to make informed decisions about the direction of your case.

What are the Most Common Types of New York City Construction Accident Claims?

Construction sites are intimidating, even from afar. The heavy machinery, large tools, building materials, and the number of workers immediately give onlookers an idea of the dangerous conditions. For those working up close, the dangers are all too real.

Some of the most common types of construction accidents that occur in New York City include, but are not limited to:

• Slip and falls.
• Crane or hoist accidents.
• Forklift accidents.
• Elevator shaft accidents.
• Machinery accidents.
• Work zone Accident.
• Falling Objects.
• Exposure to dangerous chemicals.
• Gas leaks, fires, and explosions.
• Electrocutions.
• Failure to provide safety equipment.
• Scaffolding Accidents.
• PTSD and Construction Accidents.
• Trench Collapse Accidents.

If you have been injured in a construction accident and are unsure whether your employer or another third party is liable, contact our skilled New York City personal injury attorneys today to discuss your case and how it has impacted your life. Our experienced lawyers offer free consultations to all personal injury victims throughout New York City and take all qualifying cases on a contingency basis, so you pay no upfront or out-of-pocket fees and nothing if we do not win your case.

What are the Most Common Construction Accident Injuries in New York City?

According to The Center for Construction Research and Training (CPRW), construction workers have a higher risk of both fatal and non-fatal traumatic brain injuries (TBI) compared to all other industries in the U.S.

The CPRW reported that over ten years, a total of 2,210 construction workers died due to traumatic brain injuries, representing 25% of all construction fatalities.

Even with OSHA safety regulations and other state and federal construction guidelines in place, one false move — by anyone on the job site — can lead to severe, life-changing injuries including, but not limited to:

• Amputation/Loss of Limb.
• Bone Fractures/Broken Bones.
• Burn Injuries.
• Concussions.
• Crush Injuries.
• Chemical Exposure Injury
• Ear Injuries/Hearing Loss.
• Eye Injuries/Vision Loss.
• Facial Injuries.
• Falls from Elevated Work Surfaces
• Injuries to the Extremities.
• Joint, Muscle, and Ligament Damage.
• Knee & Ankle Injuries
• Knee & Shoulder Injury
• Organ Damage/Organ Failure.
• Scarring and Disfigurement.
• Soft Tissue Injuries.
• Spinal Cord Injury and Paralysis.
• Traumatic Brain Injury.
• Wrongful Death.
• Undocumented Construction

If you have questions about an injury that occurred on a construction site in New York, contact the New York law firm of David Resnick & Associates, P.C., online or call us at 212-279-2000 today for a free consultation about your case.

There is never a charge to speak with our skilled New York City personal injury attorneys. If your case qualifies to move forward, we will handle every aspect from start to finish without charging any upfront or out-of-pocket fees. Unless we win your case, you will pay nothing for our elite personal injury attorney services. That is a promise.

What’s The Process for Filing a Construction Accident Injury Lawsuit in New York City?

You may be wondering what your first step should be and what to expect from here on out.

While every client and case is unique, you can expect the following process to take place:

• Consultation

The process starts with consulting a lawyer. We provide this initial case review at no charge. During the consultation, we will discuss the details of your case, including the details of your accident and the extent of your injuries. Everybody is encouraged to come prepared with any questions they may have. We will advise you on the best course of action if you have a case and describe the types of compensation that may be available to you. We work with clients on a contingency fee basis, meaning you only pay us if we win.

• Submitting Court Documents

After being hired, one of the first things we do will be to file and serve a complaint and all other required documents. The party you sue will be listed as the defendant on the complaint. You will be listed as the plaintiff. The complaint will state the nature of your accident and injuries, the legal basis for holding the defendant liable, and the damages you seek. The defendant will file an answer to the complaint.

• Discovery

The parties will enter discovery after both sides file and serve the initial documents. Discover is the process of exchanging evidence. During discovery, we will send a list of questions to the defendant. We can also submit a request for any documentation. Both sides may also take depositions or sworn statements. Additionally, we may work with an accident reconstruction expert or medical experts. These experts can help us understand your case and provide reports. If your case goes to trial, one or more of these experts may testify on your behalf.

• Pretrial Motions

Attorneys typically use pretrial motions to compel the other side to provide evidence. However, attorneys may also file motions to resolve a case before it goes to trial. For instance, the defendant’s attorney may file a motion to dismiss all or part of a lawsuit based on a lack of evidence or jurisdiction. The plaintiff’s attorney, on the other hand, may file a motion for summary judgment. This motion would argue that the facts in the case are undisputed, and the judge should, in turn, grant immediate relief.

• Negotiations and Settlement

It is estimated that nearly 95% of all personal injury claims — including construction accident and injury claims — settle before ever seeing the inside of the courtroom. When our leading New York City construction accident attorneys prepare our insurance company demands and begin negotiating, its representatives know we are prepared to take your claim to trial. This often results in a settlement that meets our clients’ needs because they know if we are prepared to go to trial, we are prepared to win. They are right. We remain trial-ready.

• Trial

A personal injury case will go to trial if the parties fail to settle. Typically, the trial involves two stages. First, the jury decides if the defendant is liable. If so, the jury determines the amount of damages. As mentioned, most personal injury cases are resolved through settlements. However, if a case goes to trial, working with the team of skilled construction accident and injury trial lawyers in New York City at David Resnick & Associates, P.C. will benefit you.

What are the Benefits of Hiring a Local Construction Accident Lawyer in New York City?

You don’t have to pursue the benefits or compensation you deserve alone. The most critical decision you’ll make following a construction accident is choosing an experienced personal injury lawyer in New York City who can outline your claim and maximize its potential.

That is why we are here.

At David Resnick & Associates, P.C., our New York City construction accident attorneys provide:

• Peace of Mind

You want someone knowledgeable about occupational injuries, including construction site accidents in New York, who will guide you through the process without making it seem daunting. You want a lawyer who will fight for you until the end.

• Experience and Legal Knowledge

As somebody filing a claim alone, you may not know how the lawsuit works. Our lawyers have the experience to help you work through all legal processes. We can help you avoid mistakes and provide an accurate case evaluation so you can seek the right amount of damages from the beginning.

• Professional Connections

The success of your personal injury claim may come down to the strength of your arguments. As the injured party, it is your burden to prove that someone else caused or significantly contributed to your injuries. This requires you to provide evidence or enough evidence to show the defendant’s fault as more likely to be true than not true. We have connections with people who can help you build a strong case against the defendant, such as medical experts. Our lawyers have relationships with local New York City doctors, ensuring you receive the best possible medical care for your injuries.

Contact Our Skilled NYC Construction Accident Attorneys at David Resnick & Associates, P.C. to Help Build Your Case for Success

The legal team at David Resnick & Associates, P.C., understands the impact a construction accident can have on you and your family. We work hard to obtain the maximum damages you’re entitled to. We serve accident victims in Manhattan, Queens, Brooklyn, Staten Island, the Bronx, and all of New York City.

Contact the New York law firm of David Resnick & Associates, P.C., online or call us at 212-279-2000 today for a free consultation about your case.

There is never a charge to speak with our skilled New York City personal injury attorneys. If your case qualifies to move forward, we will handle every aspect from start to finish without charging any upfront or out-of-pocket fees. Unless we win your case, you will pay nothing for our elite personal injury attorney services. That is a promise.