Construction sites are dangerous premises loaded with potentially hazardous conditions. Therefore, it is of little surprise that construction workers are at high risk for workplace-related injuries, some of which can lead to long-term or permanent disabilities. Victims can suffer chronic pain and severe injuries after an accident on a Glen Oaks, NY, worksite, such as head and spinal cord injuries, and suffer from amputations, paralysis, and other conditions.
If you or a loved one has been hurt in an accident of this kind, a Glen Oaks construction accident lawyer with the Law Office of Cohen & Jaffe, LLP, can help you file a claim or lawsuit to recover damages from the liable party. We can talk with you more about your legal options for free today during a consultation.
How Our Glen Oaks Construction Accident Attorneys Can Help
Our attorneys will get to work on your behalf as soon as possible when you retain us. We will:
- Listen to your explanation of what occurred and identify who was liable for the accident, how much your case could be worth, and what might be the best strategy to recover compensation for you
- Ensure your injuries and expenses are correctly documented
- Research your claim and gather evidence, such as audio, video footage, and photos
- Interview first responders, including law enforcement and other witnesses
- Manage all legal matters, deadlines, filings, and court appearances
- Take your case to court if necessary and handle all aspects of a trial
- Hire expert witnesses who can testify how the accident occurred and how your injuries have impacted your life and ability to work
- Manage communications with the liable party’s insurance agency and legal counsel
Moreover, our lawyers will help you every step of the way, answering questions and addressing your concerns throughout the legal process. Feel free to allow us to handle all legal obstacles so you can focus on your recovery.
Determining Negligence After a Glen Oaks Construction Accident
If another person’s negligence caused or led to your construction site-related injuries, hazardous work conditions, a lack of safety devices, or because the worksite was not up to city code, you might be able to initiate a lawsuit to obtain compensation and workers’ compensation benefits if applicable.
In these cases, employers typically cannot be sued directly, and workers’ compensation benefits don’t compensate for the pain and suffering a victim endures after being injured. However, if one’s injuries were due to a third party’s negligence, you might be able to seek a lawsuit against them. This is because Section 200 of the New York Labor Law mandates that owners and general contractors “provide reasonable and adequate protection to the lives, health, and safety of all persons employed therein or lawfully frequenting such places.”
Proving the Elements of Negligence
In some instances, more than one individual or entity may contribute to the accident through an act(s) of negligence. Examples include manufacturers and distributors of faulty equipment that harmed you or government agencies and construction site property owners who exposed you to a hazardous work environment.
To establish responsibility, our attorneys must demonstrate the following:
- The defendant(s) owed you a duty of care not to cause you harm.
- The defendants breached this duty of care by acting improperly or failing to act somehow.
- This breach was the cause of your injury (injuries).
- You experienced actual compensatory damages as a result.
Even if negligence did not directly cause your injury, you might still be entitled to compensation through a lawsuit.
Different types of construction site injury lawsuits you can initiate include the following:
Ladder/scaffolding: New York has passed LAB § 240, which is specific legislation for workers who have been injured because of a fall from a ladder or scaffold. The law details how ladders and other hazardous construction equipment must be erected and secured on a worksite.
Defective machinery and heavy equipment: Cranes, forklifts, and other construction vehicles can pose a danger to their operators and others working in their area.
Highway work zone accidents: Specific standards are in place for highway work zones.
Unsafe worksites: Codes are designed to protect all individuals working on any given construction project. If any of these are not in place, a party could be found in violation.
Damages Our Glen Oaks Construction Accident Lawyers Could Help You Recover
Economic damages are often easily calculable and cover monetary expenses, including the following:
- Medical and rehab costs
- Income and lost wages
- Loss of future earning capacity
- Property damage
Non-economic damages cover subjective or intangible adverse effects that do not have a precise dollar value, such as pain and suffering, permanent disability, and wrongful death.
There is a broad range of damages you could receive in a construction accident case, depending on the following:
- The permanence and severity of one’s injuries
- Whether continuing care is required
- A person’s age and earning ability
- Whether you will be able to return to a job in the future
In addition, the individual judge or jury and the jurisdiction where the case is handled may affect the settlement amount.
Do You Qualify for Workers’ Compensation?
If you were injured while working at a construction site, you might be entitled to file a claim if your employer offers workers’ compensation. You must notify your employer as soon as possible in writing.
You must fill out a Form C-3 Injury Report within 30 days of the accident and send it to the New York State Workers’ Compensation Board (NYSWCB). You should also see a board-approved health provider promptly. It is possible to receive benefits within 18 days, but payment delays are also possible. Workers’ compensation claims can be denied for various reasons.
If you are denied, you may appeal within 30 days. If your employer doesn’t provide workers’ compensation insurance, NYSWCB has an Uninsured Employers’ Fund, which may pay for lost wages and medical bills. However, compensation the board provides often falls short of seriously injured workers’ needs, so it can be beneficial to consult with an attorney when you know your employer does not offer workers’ compensation.
Call Us Today for a Free Consultation
The Law Office of Cohen & Jaffe, LLP, has handled a wide variety of construction site injury cases. Our team works to protect the rights of injured workers and obtain the substantial recoveries they deserve.
We know how dangerous construction work can be, and we feel you should be compensated if you’ve been hurt. Call us now for a free consultation to learn more about how a Glen Oaks construction accident lawyer from our firm can help.
For a free legal consultation with a construction accidents lawyer serving Glen Oaks, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.