People get injured in a construction site almost every day in New York, Manhattan, the Bronx and other surrounding areas. There are construction cranes to be seen from anywhere you go in New York. With so many construction sites and new building locations in the New York area, there are many accidents that happen, and often the case, the person injured while on a construction site has questions, wondering what the next step is. Here are some answers to common questions about these cases.
How much am I entitled to?
The amount of money you collect is totally dependent on how serious an injury you have sustained. We will give you a complete analysis of your case and our estimate of the value your case so that you will know exactly what to expect.
Who is protected?
Anyone who is involved in the construction, demolition or renovation of a building may be entitled to this protection. This includes all trades and laborers, on or off the books. No matter who you are employed by, if you are doing the type of work covered by this statute you are protected.
What does this protection provide?
These laws allow an injured worker to be fully compensated for his/her injuries. This includes pain and suffering, lost wages and benefits, a spouse’s loss of services, a child’s loss of parental support, etc.
Can I still collect workers compensation?
These laws do not affect the right to collect workers compensation. In fact, almost all of our clients collect workers compensation benefits to keep themselves and their families going until we are able to resolve their case.
Who is responsible?
The law makes it the responsibility of the owner and/or the general contractor to provide a safe job site. They are legally responsible even if the cause of the accident was on the part of a sub contractor or even your employer. This is very important protection for an injured worker. We will explain this to you in detail.
What types of construction accidents are covered?
Any accidents that are the result of an unsafe workplace are covered under this law. They are too numerous to list, but here are some examples of case we have successfully handled or are currently handling:
- Laborer who fell through floor opening
- Cement laborer who was injured because of defective hydraulic chopper
- Carpenter who was injured by falling scaffold
- Electrician who was injured because of defective power board
- Carpenter injured by defective flooring
- Porter who fell in open elevator shaft
- Painter who fell because of improper scaffold
- Caulker injured because of defective scaffold
We strive to represent our clients professionally and aggressively.
We only take cases which we believe in and which we are willing to fully dedicate our time and resources.
SIX IMPORTANT STEPS TO TAKE WHEN A WORKER IS INJURED
REPORT THE ACCIDENT
- Workers are very often reluctant to file accident reports or are discouraged by their superiors to do so.
- Accidents must be reported no matter how serious the injury so that the worker's rights are protected
MAKE THE ACCIDENT REPORT BRIEF AND TO THE POINT
- Keep the accident report simple and to the point.
- If the accident occurred because of defective equipment or a dangerous condition say so. For example:
- "worker fell because of ladder not secured"
- "worker fell through unguarded opening"
- "worker slipped on debris on floor"
OBTAIN NAMES, ADDRESSES AND PHONE #'s OF WITNESSES
- Witnesses are very important in helping the injured worker prove his case
- Get contact information for anyone who witnessed the accident or the condition that caused the accident. Tell the witness that you will give it to the injured worker and that they will be contacted privately.
GET PICTURES OF THE ACCIDENT SITE AND EQUIPMENT IN QUESTION
- Conditions on job sites change daily.
- Pictures which show the area of the accident or the condition that caused the accident are very helpful in proving the worker's case.
- Cell phone pictures should be provided to the injured worker.
ENCOURAGE THE WORKER TO GET IMMEDIATE MEDICAL ATTENTION/EVALUATION
- Injured workers are very often reluctant to leave the job for medical attention.
- It's important that the injured worker get medical attention/evaluation as soon as possible after an accident
FILE A WORKERS COMPENSATION REPORT FOR THE WORKER
- Even if the injured worker is only going to the emergency room a workers comp claim should be filed.
- The seriousness of many injuries does not become apparent until much later. By filing the claim the worker will not have a problem relating the later treatment to the accident.