New York Construction Accident Injury Law

Understanding New York Construction Accident Law and Your Legal Remedies After Suffering an Injury on a NYC Construction Site

Have you been injured in a construction accident in NYC? If so, trying to evaluate your legal options may leave you feeling confused and overwhelmed.

NYC construction accidents injure and kill workers each year. Workers who are harmed on the job may have the legal right to compensation for their injuries and other damages. Unfortunately, New York construction accident law is complicated, and it can be difficult to figure out how to get fair compensation for your injuries. 

We recommend consulting with an experienced construction accident attorney. At Ferrante & Koenig, we offer a free consultation, during which our knowledgeable attorneys can answer your questions and  explain your legal options.

What New York Labor Laws Apply to Construction Accident Cases?

A variety of New York labor laws apply to construction accident injuries. These labor laws were enacted to protect workers from dangerous conditions on job sites. Considering the risk associated with jobs in the construction industry, these laws provide important protections to construction workers.

NY Labor Law 200 requires certain owners, contractors and employers to make workplaces reasonably safe. The law specifies that workplaces should be “constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health and safety” of all people lawfully on site. Interestingly, the protections of this law are not limited to construction workers.  This provision requires the safe operation of machinery and equipment, providing that it should be “placed, operated, guarded, and lighted as to provide reasonable and adequate protection,” and mandates that owners, contractors and employers obey building codes that require the safe operation of elevators, exits and fire extinguishers. 

NY Labor Law 240 protects workers from gravity related risks, including falls from ladders, scaffolding and other elevation hazards.  Known as the “Scaffold Law,” it requires scaffolds, ladders, and other elevation-risk safety devices to be properly constructed, placed and operated so as to give the workers protections from gravity related risks.   

Labor Law 240 also provides relief for workers who are injured by falling objects. This includes protection from any overhead hazard that may fall and strike a worker on an elevated work surface, on the ground level, or even sub-grade in a trench, basement level or sub-basement. 

NY Labor Law 241 mandates safe procedures for the construction, excavation, and demolition of buildings. This section requires those in charge of a construction site to follow the safety rules set out in the New York State Industrial Code. These provisions are intended to protect workers from falls and cave-ins on job sites as well as from other hazards such as slipping or tripping, injury from unguarded power machinery, electrocution, falls through unguarded openings, unsafe passageways and pathways, and just about any other kind of way you can be injured on a worksite. 

When a worker is injured due an owner’s, general contractor’s or employer’s violation of the Labor Law, the worker can bring a lawsuit.  Filing a lawsuit under the New York Labor Law will allow the injured worker to recover for their pain and suffering as well as other economic losses that may not be covered under the Workers’ Compensation Law.  

What Are My Rights as a New Yorker with Workers’ Compensation?

New York requires employers to carry Workers’ Compensation insurance. This insurance protects workers who are injured on the job. Regardless of fault, an injured employee will be entitled to file for Workers’ Compensation benefits. 

However workers’ compensation is a limited remedy. It provides the following benefits: 

  • Medical bills related to your injury; and 
  • A percentage of your average weekly wage; 

Both of these forms of compensation have time limits. For instance, workers’ compensation will pay your related medical bills until you reach “maximum medical improvement,” which is a determination by your doctor that  you have reached a plateau in your treatment and additional care won’t improve your condition.  You can recover disability payments for lost wages up to a certain number of weeks (usually ten years or less) depending on the extent of your injuries. The timeframes and compensation amount for specific injuries are listed on New York’s Schedule Loss of Use award chart.

Worker’s compensation may also pay for any necessary vocational rehabilitation, should your injuries leave you unable to perform your prior job duties. This rehabilitation trains you for a new job that you can perform with your disability. 

In order to comply with time limitations, you must notify your employer that you have an injury eligible for workers’ compensation within 30 days of your accident or incident. Assuming you’ve notified your employer, you have two years from the date of the New York construction accident injury to file a claim. 

If I Was Hurt While on the Job, Can My Employer Fire Me?

Your employer can not fire you simply for filing a Workers’ Compensation claim following an on-the-job injury.  That would be illegal.  But if you are fired, don’t expect your employer to make the mistake of admitting that they fired you due to the workers’ compensation claim.  If they did so, they would be open to a potential employment discrimination lawsuit.  

Often we hear stories of employers pushing injured construction workers to return to work quickly.  Beware.  Employers will often use this opportunity to fire someone who has filed a Workers’ Compensation claim under false pretenses, such as a work slowdown or poor performance.  

If I Have a Workers’ Comp Hearing Coming Up, Should I Talk to an Attorney?

It is always a wise idea to speak to an attorney before a workers’ compensation hearing. Your rights can be forever altered as a result of a hearing decision that goes against you and that means that you may have a lot of money on the line. It is important to have the benefit of knowledgeable legal advice from people who handle cases with the Board.  Ferrante & Koenig work with Workers’ Compensation attorneys who will protect your rights on a contingency basis.  

A Workers’ Compensation attorney will also investigate whether you may be entitled to some type of lump sum or scheduled loss of use award in addition to your wage and medical benefits.  

Can an Attorney Help Me if I Am Still Suffering from a Workers’ Comp Injury from a Year Ago?

Even if your accident happened a year ago, you may still be able to pursue legal options. You have up to two years from the date of the accident to file a workers’ compensation claim.  In most scenarios, you have up to three years to file a personal injury claim. If you were injured as a result of the failure of an intended safety device (i.e. a ladder, scaffold, lift, etc.) or were injured through the active negligence of a third-party, you may be able to file a lawsuit even if you didn’t act immediately.  Don’t wait any longer to find out if you have a case as every day you delay may jeopardize your ability to bring a claim.  

What Type of Construction Site Injury Can Lead to a Third-Party Lawsuit in Addition to What is Provided by Workers’ Compensation?

A question often on the mind of an injured construction worker is:  If I Am Collecting Workers’ Compensation in New York State, Do I Still Have the Right to Sue?

Whether you can bring a third party lawsuit in addition to a Workers’ Compensation claim depends on the circumstances of your accident. Regardless of how the accident happened, you are not permitted to sue your employer for an on-the-job injury absent very particular circumstances. You may have a third-party claim after a construction site accident in the following scenarios: 

  • If you were injured as a result of a fall from a scaffold; 
  • If you were injured due to a dangerous or defective ladder; 
  • If you tripped and fell on construction equipment or debris that should have been cleaned up;
  • If you were struck by something that fell from a height; 

What Type of Construction Site Injury Can Lead to a Third-Party Lawsuit in Addition to What is Provided by Workers’ Compensation?

A question often on the mind of an injured construction worker is:  If I Am Collecting Workers’ Compensation in New York State, Do I Still Have the Right to Sue?

Whether you can bring a third party lawsuit in addition to a Workers’ Compensation claim depends on the circumstances of your accident. Regardless of how the accident happened, you are not permitted to sue your employer for an on-the-job injury absent very particular circumstances. You may have a third-party claim after a construction site accident in the following scenarios: 

  • If you were injured as a result of a fall from a scaffold; 
  • If you were injured due to a dangerous or defective ladder; 
  • If you tripped and fell on construction equipment or debris that should have been cleaned up;
  • If you were struck by something that fell from a height; 
  • If you were injured as a result of a trench collapse; 
  • If you were injured as a result of an improperly maintained or dangerously altered piece of equipment;
  • If you were injured as a result of the actions/negligence of a sub-contractor who is not your employer; 

It can be challenging to sort through the various laws that apply to construction injuries. An experienced New York construction accident lawyer can help you evaluate your case and advise on whether you have the right to bring a third-party lawsuit for pain and suffering in addition to your Workers’ Compensation claim.

If I Am Hurt On the Job What Type of Benefits Can I Seek in a Third Party Claim, Aside from What is Provided Under Workers’ Comp? 

As described above, workers’ compensation provides medical and wage loss benefits to an injured construction worker.  If a third-party personal injury lawsuit is possible, you could seek an award for pain and suffering in addition to the medical and wage benefits available under workers’ compensation.  This type of lawsuit gives you access to a much greater potential recovery than the limited benefits available through workers’ compensation, including the following: 

  • Compensation for Pain and Suffering
  • Future Medical bills
  • Future Rehabilitation expenses
  • Future Lost Earnings 
  • Loss of Enjoyment of Life
  • Loss of Companionship

Unlike a workers’ compensation claim, a pain and suffering recovery is not automatic.  In order to be successful in a third-party lawsuit we would need to show that the defendant is responsible due to either a violation of the labor law or their negligence.   

While it is more challenging to get compensation in a lawsuit, we fight to help clients get the money they deserve. Hiring skilled attorneys who will fight for you can make all the difference in your claim.

Get Legal Advice for Your Construction Accident Injury

If you need an experienced construction accident attorney to help you determine the best way to seek maximum injury compensation, give us a call. We offer a free consultation, where we can answer your questions and share our advice. Then we work on contingency, meaning you don’t have to pay us until we win your case. Contact us today to start the path toward recovering the compensation you’re owed.

Hiring a New York Construction Accident Lawyer

Injured on a construction site in New York City? Here’s what you need to know to hire the best construction site accident lawyer for your case.

If you’ve been injured on a construction site in NYC, you may be considering hiring an attorney. Construction sites can be dangerous places to work, and the injuries employees may sustain there can be serious.

New York lawmakers sought to protect injured workers by enacting workers’ compensation, personal injury, and labor laws. Perhaps you’ve tried to navigate the workers’ compensation or injury claim process on your own but have run into roadblocks. For example,  employers aren’t always willing to pay you what you deserve.

That’s why you need a New York construction accident lawyer on your side. A construction injury attorney can search for critical evidence to support your accident claim, and work to get you the maximum compensation.

At Ferrante & Koenig, we want to relieve you of burdensome paperwork and tedious communications so you can focus on recovering from your injuries. Our attorneys are passionate about helping accident victims seek the compensation they deserve. We offer our clients compassionate, respectful, and skillful representation. 

If you would like to speak to one of our experienced accident attorneys, contact us for a free consultation. We can discuss your accident,  answer your questions, and let you know if we can help. 

What Should I Do Immediately After Suffering a Construction Site Injury in NYC?

Your first priority after a construction accident  is to seek medical treatment for any urgent injuries. At the same time, you should report your accident to a supervisor and collect important evidence. If you can, take photos of the accident scene and document any other pertinent details. If you cannot remain at the accident scene, ask a trusted representative to collect this information for you.

How Do I Know if I Should Speak to a Construction Injury Lawyer?

Any time you are injured in a construction accident, it’s best to consult a construction injury lawyer. While you are recovering from your injuries, it can be difficult to keep up with all the paperwork required by the insurance company. What’s more, an employer or insurance company may try to take advantage of your vulnerable position by cheating you out of the payment you deserve.

A construction injury lawyer can advise you of your legal rights and help you understand and navigate complicated New York accident laws. Your lawyer can help you discover whether you have a workers’ compensation claim or a lawsuit. 

Determining fault can have a significant impact on the compensation amount you receive. However, fault can be difficult to determine. Do you have a workers’ compensation claim, a third-party liability claim, or an employer liability claim under New York’s labor laws? You need an attorney to help you sort through these complicated laws and determine what protection applies to your case. An experienced construction accident lawyer in NYC can advise you of your best options for recovering maximum compensation.

How Soon After My Construction Site Accident Should I Consult an Attorney?

You should contact an attorney as soon as possible after your injury. Much of your case may hinge on recovering evidence to prove your claim. As time goes on, evidence may be lost or destroyed, and witnesses’ memories may fade. You have the best chance at proving your claim if your attorney starts searching for evidence and interviewing witnesses soon after your accident.

Also, you should keep in mind the time sensitivity of the New York statute of limitations. You must notify your employer of a workers’ compensation claim within 30 days of your accident, and you must file a claim within two years of your accident. For personal injury cases, you generally have three years from the date of your injury to file a claim. After that time limit, a judge will throw out your case. 

On What Basis Should I Evaluate Prospective NYC Construction Accident Lawyers?

To search for a qualified construction accident lawyer in New York, you should take the following steps:

  • Ask friends and family for recommendations,
  • Ask coworkers for recommendations,
  • Ask attorneys who practice in other areas for recommendations,
  • Check reviews on sites like Google and Avvo,
  • Look for successful case results listed on an attorney’s website, and
  • Look for attorneys who are willing to take a case to trial.

After you conduct an initial evaluation and narrow down a list of attorneys, you should set up consultations with each lawyer. A reputable attorney should offer a free consultation to give you a chance to get to know them and their practice style. 

At the consultation, determine whether the lawyer seems like a good fit for your case. You should evaluate whether they are likely to advocate efficiently or draw your case out. You need an attorney who will work on contingency instead of expecting you to foot the bill upfront. You also want someone who communicates well and shows compassion. Ultimately, you need to evaluate whether you can trust a particular attorney with a case that means so much to you and your family.

If I Do Hire an Attorney, How Long Should I Expect My Case to Take?

At Ferrante & Koenig, we work as quickly as we can to resolve your case. We know that you have bills to pay and that you need your injury compensation immediately. That said, we never want to seem too eager to settle a case because an insurance company is likely to take advantage of that situation by offering less money than you deserve.

We successfully settle the majority of our construction accident injury cases. A settlement takes much less time  and spares you the stress of a trial. However, if we think your case will achieve much more compensation by going to trial, we will advise you of the benefits and risks of that strategy. A trial can take three years or more. Ultimately, we leave the decision of whether to settle quickly or hold out for more money up to you.

What Are the Most Common Types of Construction Site Accidents?

Unfortunately, construction sites can be very dangerous. In fact, construction jobs are rated in the top ten most dangerous jobs in the US. Common accidents on construction sites include the following:

If you have experienced one of these construction accidents, you likely suffered serious injuries. A New York construction accident attorney can help you find the best legal avenue for pursuing maximum injury compensation.

What Sort of Damages will a Construction Accident Lawyer Pursue on My Behalf?

A construction accident lawyer will determine which New York laws apply to your case and then fight to obtain the maximum available damages.

In a workers’ compensation case, you have limited ability to recover for your losses. This type of claim allows you to receive reimbursement for medical bills and a percentage of your average weekly wage. An advantage of a workers’ compensation claim is that you can file it even if you were at fault for the accident.

However, if you have a personal injury claim, you may be able to recover much more compensation. The following New York laws allow construction workers to file a personal injury claim in certain situations:

  • NY Labor Law 200 requires safe working conditions, including the safe operation of machinery and equipment;
  • NY Labor Law 240 requires workers to receive fall protection when working at heights and protects them from the hazards of falling objects; and
  • NY Labor Law 241 protects workers from specific hazards such as construction elevators, slip and fall hazards, and other dangers.

If your claim falls under one of these  laws, you may be able to recover extensive damages, including: medical bills, rehabilitation costs, lost wages, pain and suffering, loss of companionship, and loss of future earnings. Your accident lawyer can help you calculate your total damages and present a fair compensation request.

How Much Does It Cost to Hire a Construction Accident Attorney?

At Ferrante & Koenig, we work on contingency. This means that we don’t charge you anything until we win your case. Once you receive your settlement or trial award, you pay us an agreed-upon percentage of your compensation. If we lose your case, you owe us nothing.

If I Get a Free Consultation, Will I Be Obligated to Hire a Lawyer?

We encourage you to contact us for a free consultation with no strings attached. We want you to have the chance to ask us questions and get our opinion on your case without feeling pressured to hire us. Take the first step to recovering the construction accident compensation you need by contacting us for a free consultation today.

Fatal Accidents on New York Construction Sites

Construction workers play a vital part in the NY economy, keeping the real estate market strong. Yet, these workers face a shocking number of job hazards. Despite laws enacted to keep construction workers safe, they are often harmed. Tragically, some construction workers die on the job, leaving their families to grieve a senseless loss.

Here are alarming statistics that show the danger of construction jobs:

  • The private construction industry led all occupations in New York City job-related deaths;
  • 22 construction workers were killed in NYC in 2018;
  • 69 construction workers were killed in New York in 2017;
  • New York’s construction fatality rate recently increased by 39%; and
  • Most workers die on non-union job sites.

If your loved one was killed on a New York construction site, you need an experienced construction attorney. An attorney can help you seek justice and get compensation for your loved one’s death.

What Causes Construction Worker Deaths?

Construction sites can be dangerous, presenting many hazards. Construction workers trust supervisors to maintain a safe environment and equipment manufacturers to provide them with a reliable product. Even a small error by anyone involved in the construction industry can be fatal for workers.

Here are common causes of New York construction worker deaths:

  • Falls, 
  • Being struck by a falling object,
  • Electrocution, and
  • Entrapment.

Every year, falls lead to construction workers’ deaths. Preventing fatalities requires thorough training, safe equipment, and responsible behavior. If an employer or a co-worker fails in any of those requirements, another worker could be killed. Employers must provide a safe work environment, and our attorneys will hold them accountable if they neglect this obligation.

What Compensation Is Available for a Fatal Construction Accident?

When your loved one is killed in a NYC construction accident, you have the right to pursue compensation. You may have several types of compensation available, depending on the specifics of the accident:

  • Workers’ compensation death benefits,
  • Wrongful death lawsuit against an employer, and
  • Wrongful death lawsuit against a third party.

The attorneys at Ferrante & Koenig can research the details of your loved one’s death to determine what type of compensation you should pursue. Then they will work to get you every dollar you deserve.

Contact a Construction Accident Wrongful Death Attorney

We know that we can’t bring your loved one back, and monetary compensation seems insufficient. However, we offer you our full devotion to what we can do:

  • Investigate the circumstances of your loved one’s death,
  • Determine who caused their death,
  • Determine your best path for maximum compensation, and
  • Passionately advocate for the compensation you deserve.

A wrongful death lawsuit can provide for you and your family. However, it also holds the people who caused your loved one’s death accountable. Hopefully, facing liability also makes negligent employers improve safety standards. If that happens, your lawsuit could save the lives of other construction workers.

If you would like to learn more about workers’ compensation death benefits or file a wrongful death lawsuit, contact the attorneys at Ferrante & Koenig for a free consultation. We will listen with compassion as you describe your loved one’s experience, and we will work diligently on your behalf.

Injuries from Roof Collapses on New York Construction Sites

Roofs are a critical part of any building, protecting the people and furnishings inside from rain, snow, and sun. A leaky roof can cause water damage and mold, requiring expensive repairs. Thus, roofers play a critical role in the construction industry.

However, building and installing a roof can be a dangerous job. Each year, New York construction workers are injured and killed from roof collapses. If you have been injured or lost a loved one due to a New York roof collapse, you need to speak with an experienced construction accident attorney. An attorney can help you get the compensation you need. 

What Causes Roof Collapses?

Roof collapses are often caused by natural elements, such as tornado winds or rain, snow, or ice piling on top of a building. However, poor design and upkeep puts a roof in a vulnerable position. A well-constructed roof should be able to withstand the elements and protect the people under its cover.

Why Do You Need a Construction Accident Attorney?

After you are injured on a New York construction site, you are likely focused on getting medical treatment and trying to recover from your injuries. It can feel stressful to try to pay bills and negotiate with the insurance company while you’re hurt.

You need someone on your side to fight for you and take the burden of paperwork and negotiations from you. At Ferrante & Koenig, we’ll handle all the legal details so that you can focus on healing. Our experienced legal team will perform the following steps, if necessary for your case:

  • Investigate the cause of the roof collapse,
  • File workers’ compensation paperwork,
  • Explore legal options for a personal injury lawsuit,
  • File all required court documents for a lawsuit,
  • Interview witnesses,
  • Hire expert witnesses, and
  • Advocate persuasively for the injury payment you need.

Our attorneys have been helping accident victims for years. We want to make the lawsuit process as easy as possible for you because you have enough on your plate with accident recovery. Contact us for a free consultation to get started on your NYC roof collapse lawsuit.

Do You Need a Construction Accident Injury Lawyer?

If you are injured or have lost a loved one due to a roof collapse, you need an experienced construction accident attorney. While it can seem overwhelming to deal with the details of filing insurance claims or a personal injury lawsuit, it’s crucial that you contact our attorneys right away.

You need to take immediate legal action because it’s easier to recover critical evidence just after your accident occurs. As time goes on, evidence may be lost or destroyed. Evidence helps you prove your case and persuade the insurance company or court that you deserve significant compensation.

Also, you want to call an attorney promptly to ensure you file your claim on time. Generally speaking, the New York statute of limitations is three years from the time of your accident injury. After that time, a judge can throw out your case.

To get started on your New York roof collapse injury claim, contact our knowledgeable attorneys for a free consultation. We’ll listen to your experience, answer questions, and advise you of your legal options.

If you decide to hire us, we work on contingency, so you owe us nothing until we win you money. Contact us today to find skilled legal advocates who will fight for the NY roof collapse injury compensation you need.

Injuries from Crane Accidents on New York Construction Sites

Cranes are an essential part of the modern construction industry, especially when building NYC skyscrapers. However, these massive machines carrying huge loads also bring the potential for serious accidents. 

The Census of Fatal Occupational Injuries (CFOI) reported 297 total crane-related deaths from 2011 to 2017. This is an average of 42 crane deaths per year across the United States. Here are more facts you should know about crane accidents:

  • Half of crane deaths resulted from a worker being struck by an object or machine;
  • Three-fifths of crane deaths were from a falling object;
  • 43% of crane deaths were in the private construction industry;
  • 27% of all crane deaths occurred at a construction site; and
  • New York tied for the second-highest number of crane deaths.

These tragic crane fatality statistics don’t even account for all crane injuries, which are numerous. Construction companies must be held accountable for training and supervising workers in safe crane operation. If you have been injured or lost a loved one in a NYC crane accident, you should contact a knowledgeable construction attorney, such as those at Ferrante & Koenig.

What Are Common Causes of Crane Accidents?

Cranes require careful attention to operate safely. Distracted crane operators, improper training, faulty equipment, or even weather conditions can lead to horrific crane injuries. Here are some of the common causes of crane accidents:

  • Contact with live power lines,
  • Dropped loads,
  • Boom collapse,
  • Overturned crane,
  • Malfunctioning under-the-hook lifting device, and
  • Rigging failure.

By filing a workers’ compensation claim or lawsuit, you can pursue the payment you need. However, taking legal action also encourages manufacturers and construction companies to make the industry safer, so you help protect other workers from harm.

How Can a Construction Attorney Help You?

If you’ve been injured in a crane accident in NYC, you deserve compensation. All New York employers are required to carry workers’ compensation insurance, so you should be able to access this money. Workers’ compensation is not fault-based, so even if you caused your accident, you can file a claim.

However, you may also have other avenues to pursue compensation, such as filing a lawsuit. Usually, workers’ compensation protects an employer from personal injury lawsuits. However, if your employer violated a NY labor law, you may be able to sue.

Also, you may be able to sue the manufacturer of defective equipment or another third party. A construction accident injury lawyer will evaluate every aspect of your case and look for ways to obtain maximum injury compensation.

Contact a Construction Accident Lawyer for a Consultation

Your first step toward recovering accident compensation should be to contact an experienced construction accident attorney. At Ferrante & Koenig, our attorneys help accident victims get the compensation they deserve. We also support grieving family members as they fight for justice after their loved one’s wrongful death. 

Because we want excellent legal representation to be available to everyone, regardless of their ability to pay, we offer a free consultation. We also work on contingency, which means you owe us nothing until we win your case. Contact us today for a free consultation, and start pursuing your NYC crane accident injury or wrongful death compensation.

Injuries from Falling Objects on New York Construction Sites

When you’re least expecting it, a falling object on a construction site can impact your life. Falling objects can cause severe injuries to the people who are hit.

The weight of the object, as well as the height from which it fell, determine the potential damage. Even a small metal object, dropped from a great height, can cause life-changing injuries.

What Injuries Are Caused by Falling Objects?

Construction sites use a variety of tools, from hammers and drills to screws and bolts. When a worker accidentally drops one of these tools, it can cause any of these serious injuries:

  • Concussion,
  • Brain damage,
  • Laceration,
  • Eye injury,
  • Bone fracture,
  • Neck injury, and
  • Spinal cord damage.

Unfortunately, some workers and visitors to construction sites are killed by falling objects. If you were seriously injured or lost a loved one due to a falling object at a construction site, you need an experienced attorney. 

Who Is Responsible for Your Construction Site Injury?

Your attorney will determine who was responsible for your injury, which will help you identify your legal remedy. Any of these factors may have caused the NYC falling object injury:

  • A worker was texting or distracted by something else, 
  • A worker was under the influence of drugs or alcohol,
  • An employer did not properly train workers,
  • The employer did not keep the construction site in a safe condition, or 
  • The manufacturer sold defective equipment.

Once your attorney figures out who was responsible for your accident, you can decide whether to file a lawsuit. If you were working at the site, you may be eligible for workers’ compensation. However, filing a lawsuit will allow you to pursue much more injury compensation than is available under workers’ comp insurance.

What Laws Govern Falling Object Injuries?

Every employer in New York must subscribe to workers’ compensation insurance, so that remedy should be available to you even if you caused your work accident.

However, other New York laws may hold your employer or a third party liable for your injuries. For instance, New York Labor Law 23 protects workers from falling objects. It requires employers to install protections on surfaces that might have falling objects. 

OSHA’s General Duty Clause mandates additional measures, including that an employer has to provide a workplace free from hazards that are likely to cause serious harm or death.

Product liability laws will hold third parties responsible for defective equipment. If a piece of machinery broke and fell, you might be able to sue a manufacturer for your injuries.

Contact a Construction Accident Injury Attorney

If you’ve experienced a serious injury or the death of a loved one from a falling object in NY, you need an attorney. Your attorney can help investigate the cause of your accident and pursue maximum compensation for your injuries.

Call the experienced construction accident attorneys at Ferrante & Koenig for a free consultation to discuss your case and evaluate your legal options.

Injuries from Ladder Accidents on New York Construction Sites

Ladders are invaluable tools on construction sites, but they can also be the cause of serious accidents. Each year, many New York construction workers are injured or killed in ladder accidents.

Because the construction industry can be so dangerous for employees, New York lawmakers enacted legal protections. New York Labor Law 240 protects workers who are on elevated surfaces.

The Occupational Safety and Health Administration (OSHA) also regulates the use of ladders on worksites. An elevation of 19 inches or more that does not have a ramp or other means of accessing the height requires the use of a ladder. OSHA requires employers to regularly inspect ladders to ensure they are safe for use.

Compensation for Ladder Injuries

If you were injured in a ladder accident in NYC, you may be eligible for several types of compensation. A construction accident attorney can review your accident details and determine which of these forms of compensation are available:

  • Workers’ compensation,
  • Labor lawsuit against your employer, or
  • Lawsuit against the ladder manufacturer or another third party.

Your employer should have workers’ compensation insurance, since New York law requires it. Workers’ compensation is the most accessible form of injury payment because it doesn’t require you to prove that someone else was at fault for your accident. However, workers’ compensation law usually prevents you from suing your employer for a workplace accident.  

Under certain circumstances, such as if your employer violated a New York labor law, you may be able to sue. Additionally, workers’ compensation does not prevent you from suing a third party who was responsible for your accident, such as the manufacturer of a malfunctioning ladder.

How Much Money Can You Get for Ladder Injuries?

Ladder accidents can cause serious injuries that require extensive medical care and time off work. Workers’ compensation claims and lawsuits are intended to get you the payment you need to cover accident expenses. 

You can receive compensation for these financial harms through a workers’ comp claim:

  • Medical bills, and
  • Percentage of lost wages.

A personal injury lawsuit allows you to recover a greater array of damages. In a lawsuit, you can recover both financial and emotional damages, including the following:

  • Lost wages,
  • Medical bills,
  • Rehabilitation expenses,
  • Pain and suffering,
  • Loss of future earnings, and
  • Loss of companionship.

It can seem challenging to sort through the various laws that may apply to construction injuries in NY and find the best path for compensation. An experienced construction accident attorney can assist you in determining how to pursue maximum compensation.

Contact a Construction Accident Attorney

If you have been injured in a NYC ladder accident at work, you need an experienced attorney. At Ferrante & Koenig, our construction accident attorneys offer a free consultation. In that meeting, we can discuss your case, answer any questions, and advise you of your best options for obtaining compensation. 

If you decide to hire us, we work on contingency, meaning that you don’t owe us anything until we win your case. Then you pay us from a portion of your settlement. We offer this flexible payment structure because we don’t want finances to prevent anyone from pursuing the accident compensation they deserve.

We want to help you get the money you need to provide for you and your family while you recover. Contact us today to get started on your ladder accident case.

Injuries from Scaffolding Collapses on New York Construction Sites

Scaffolding collapses can cause terrible injuries or death to construction workers. If you’ve been injured or lost someone you love in a scaffolding collapse, you may need an attorney.

Your employer has a responsibility to provide you a safe work environment. 

New York labor laws specify that scaffolding must meet certain safety standards. NY Labor Law 240 requires safety rails on scaffolds that are more than 20 feet high. The law mandates the weight capacity of scaffolding, requiring them to hold four times the maximum weight of loads they carry.

Types of Compensation for Scaffolding Injuries

If you were injured in a scaffolding collapse in NYC, you may be able to get injury compensation from several sources:

  • Workers’ compensation,
  • Personal injury lawsuit against your employer, and
  • Personal injury lawsuit against the manufacturer of the scaffolding.

Workers’ compensation insurance is required in New York, meaning that your employer should carry it. Workers’ compensation does not require you to prove that someone else caused your injury. Usually, an employer who has workers’ comp insurance cannot be sued. 

Even if you file for workers’ compensation, you can still sue a third party, such as a manufacturer or contractor, who caused your injuries.

What Payment Can You Recover for Scaffolding Injuries?

Though scaffolding is an integral part of the New York construction scene, it poses dangers to both workers and pedestrians. If you were injured in a scaffolding collapse in NY, you deserve compensation. You may be able to recover these types of compensation through a personal injury lawsuit:

  • Medical bills,
  • Rehabilitation expenses,
  • Lost wages,
  • Pain and suffering,
  • Loss of companionship, and
  • Loss of future earnings.

If you are only eligible for workers’ compensation, your recovery is limited to medical expenses and a percentage of your wages. However, if your attorneys find a way for you to file a personal injury lawsuit, your potential damages could be worth much more money.

What Should You Do After a Scaffolding Accident?

After a scaffolding accident, you should immediately seek medical attention. Also, report your accident to a supervisor. It’s also important to collect evidence—such as photos of the accident scene—promptly after your accident. If you aren’t in a position to visit the accident scene, ask a trusted representative to gather evidence for you.

You should also call an attorney as soon as possible. When you’re in pain and trying to recover from injuries, you don’t need to deal with insurance paperwork and negotiations. An attorney can help you sort through legal options and find the best path for maximum compensation. Your legal representatives can also take over paperwork and negotiations for you, so you can focus on recuperating.

Contact a Construction Injury Attorney for a Consultation

If you need an experienced construction injury attorney, call the lawyers at Ferrante & Koenig for a free consultation. You can ask us questions and get our opinion on your legal options. If you decide to hire us, we work on contingency, meaning you won’t owe us payment until we win your case.

Take the first step toward getting the compensation you deserve for your scaffolding accident in New York by contacting our skilled attorneys today.