If you have been in a construction accident in the Huntington, NY, area, you may be recovering from your injuries in the hospital or at home and missing out on income you need to pay your bills. You can explore your legal options during a free consultation today. We can explain how our Huntington construction accident attorney can help you pursue a claim or lawsuit for damages.
The attorney team at the Law Office of Cohen & Jaffe, LLP, understands the potential adverse, lasting consequences of construction site injuries. We know the laws New York State has enacted to protect construction workers’ rights. We are ready to talk with you about your potential case and how we can protect your interests as we seek recovery for you.
What Damages Can You Collect After a Huntington Construction Accident?
Unfortunately, the costs of a construction-related accident can accumulate rapidly. Even a seemingly minor injury can undermine your ability to work. Unexpected income loss can make it challenging to keep up with daily expenses, medical bills, and family affairs. Our Huntington construction accident lawyer can help you seek reimbursement for the following damages from (1) a workers’ compensation insurance policy, and (2) a negligent third party, such as an owner or contractor.
Workers’ compensation will likely limit your recovery amount to medical bills, lost income, and long-term disability. However, when you file legal action, you might recover compensation for:
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Loss of life enjoyment
- Loss of companionship
Please remember that you do not have to settle for less than your case is worth. An attorney who can negotiate for compensation regarding a construction work-related injury can, in some cases, help you get the justice and damage reimbursement you deserve.
How Long Do I Have to File an Injury Claim?
It depends on how you want to seek compensation.
Workers’ compensation: You must notify your employer about your construction site accident in writing within 30 days. Then, you’ll have a limited time to submit your claim for benefits.
Personal injury lawsuit: In New York, the statute of limitations for bodily injury claims is three years, as outlined in CVP § 214.
You risk losing your right to recover the money you deserve if you wait too long to file your injury lawsuit. So, the earlier you file, the earlier we can start building your case.
Construction Site Hazards
Construction sites can pose many health and safety risks to workers and bystanders. Workers are frequently involved in potentially hazardous duties, including operating heavy machinery, lifting heavy objects, and performing tasks from high-elevation work areas.
Moreover, victims may be able to hold the worksite owner, manager, contractor, or subcontractor responsible if the accident can be associated with a violation of one of New York State’s labor laws.
Common Causes of Construction Accidents
Individuals can incur a construction site accident in several ways. Those involving scaffolding are among the most common and account for a large portion of these job site-related injuries.
Accident investigations can confirm if site managers or contractors violated Occupational Safety and Health Administration (OSHA) regulations or if other negligence occurred. The following are among the most common causes of construction site accidents:
- Inadequate fall protection
- Faulty or improperly maintained machinery, equipment, or tools
- Lack of proper training and supervision
- Lack of sufficient safety equipment
- Hazardous work environment
- Negligent maintenance or unsuitable construction of scaffolds or ladders
Although construction site safety issues are widely known, contractors are legally obligated to ensure the premises are reasonably safe and compliant with OSHA regulations. If such standards are violated, those responsible may be liable in a court of law for accident- and injury-related damages.
Proving Liability When Injured at a Construction Site
The first step in seeking compensation after a construction accident is identifying which persons or parties should be held accountable for damages. These could include the following:
- Construction site owners
- General contractors and subcontractors
- Engineers and architects
- Construction machinery or equipment manufacturers
- Health insurers
- OSHA compliance officers
An example of an accident that could lead to reimbursement for losses would be a construction worker injured by a tool that fell from a scaffold. The employer could be considered negligent if basic standards required such tools to be secured, and they failed to ensure this was the case.
When a Construction Accident and Injury Warrant Litigation
Workers’ compensation is one source of reimbursement for a construction accident injury. However, an injured worker may discover that payments do not cover ever-increasing medical bills or lost income. Therefore, a worker could have a valid personal injury claim in instances in which the following factors are present:
- Faulty products or poisonous substances caused an injury or illness, in which case, the manufacturer may be responsible for damages
- An employer’s deliberate conduct or misconduct caused a construction accident injury
- An employer neglected to carry workers’ compensation insurance
- A negligent third party caused the injury
Furthermore, non-employee bystanders who incur an injury at a construction site may seek legal action against all parties that conduct operations there.
Common New York Construction Accident Injuries
Construction materials, moving machinery, power sources, scaffolds, ladders, and excavations can pose apparent safety hazards. OSHA lists the most frequent injuries that construction workers and bystanders experience on working sites:
- Scaffolding injuries
- Electrocutions caused by contact with inadequately shielded high-voltage electrical lines and tools
- Head or traumatic brain injuries (TBIs) caused by material or tools that fall from high elevations
- Spinal cord injury/paralysis from ladder or roof falls
- Impact trauma or limb loss from tools, machines, or material during demolition jobs
- Blunt force trauma and crush injuries related to collisions with heavy machinery
- Asphyxiation from deficient air supplies in confined sites and workplaces
This is by no means an exhaustive list, as construction sites are dynamic and busy areas. When management fails to ensure that safety is a priority, this negligence can cause many types of injuries and, in some tragic instances, wrongful death.
Call Us Today to Learn How Our Huntington Construction Accident Lawyer Can Help
If you were hurt in a construction site-related accident in Huntington, NY, and wish to seek compensation for your injury, your attorney will be responsible for establishing that negligence occurred in your situation. In these sometimes-demanding cases, your choice of legal counsel matters.
A successful case could mean being compensated for past and ongoing medical costs, earnings loss, pain and suffering, disfigurement, and other damages. You can reach out to the Law Office of Cohen & Jaffe, LLP today for your free consultation.
For a free legal consultation with a construction accidents lawyer serving Huntington, 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.