Construction accidents can result in catastrophic injuries, and determining an appropriate case value can be complicated. The compensation you receive could vary significantly compared to a case involving similar circumstances. If you suffered injuries on a construction site in New York, it’s crucial to contact an experienced New York construction accident attorney. Anthony A. Ferrante has years of experience representing injured workers and knows how to evaluate your case.

Under New York State Labor Law, specific provisions apply to construction sites. These laws include Section 240, which is commonly referred to as the “scaffold law.” The law states that property owners and contractors are legally responsible for providing workers with proper safety equipment and training when working on scaffolding. In addition, section 241(6) of the Labor Law imposes strict liability on the property owner and general contractor for any violations of specific safety regulations.

Aside from workers’ compensation benefits, construction accident victims may also be able to file a personal injury lawsuit against a property owner or general contractor if their injuries were caused by certain types of misconduct. In these cases, the victim may recover additional damages, such as pain and suffering, emotional distress, and loss of enjoyment of life.

Related: What Should I Do After Being Injured on a Job Site in New York?

When it comes to determining the value of a construction accident case, we take several key factors into consideration. These include the following.

Injury Type and Severity

The type and severity of your injuries play a significant role in determining the value of your case. Injuries that are more severe or have long-term effects will generally result in a higher settlement or award.

Damages 

Damages refer to the financial losses a victim has suffered due to their injuries. These may include medical expenses, lost wages, loss of earning capacity, and pain and suffering. The more significant the damages, the higher the potential settlement or award will likely be.

Liability

Liability refers to who is responsible for your injuries. If the general contractor or other party is found to be negligent or at fault, you may be able to recover additional damages.

Age and Occupation

Your age and occupation can also play a role in determining the value of your case. For example, a young construction worker who is severely injured and unable to return to work may be entitled to a higher settlement or award than an older worker closer to retirement.

Pre-existing Medical Conditions

If you have pre-existing medical conditions, the other side might use them in their valuations. These conditions may impact the recovery process and how much money you receive. The employer or other responsible party might argue your case is worth less because they don’t owe you for your full injuries.

Construction accident cases in New York can be complex and require a thorough understanding of the state’s laws and regulations. An experienced construction accident attorney can help evaluate your case and determine the best action to seek compensation. They can also help you navigate the complex legal process and fight for the compensation you deserve.

Without legal assistance, it’s unlikely that you’ll identify all potential sources of recovery independently. Depending on accident circumstances, you might need to file multiple lawsuits against various defendants.

Legal deadlines are also something to be very mindful of, especially with multiple causes of action stemming from one accident. Failure to meet a legal deadline in your case could spell disaster. When you hire Mr. Ferrante to represent you, rest assured you don’t need to worry about missing deadlines that could derail your case.

Hiring experts might also be necessary for construction site accidents. We have an excellent network of industry experts who can review the accident, prepare a report of their findings, and testify if necessary.

Determining liability in a construction site accident requires skill and in-depth legal knowledge. Calculating damages requires factoring in many things, including injury type and severity, how the accident impacted your job, who is at fault, and more. You might have recovery options through workers’ compensation benefits and a personal injury lawsuit. You need a skilled lawyer who understands how to build a strong case for maximum compensation.

Mr. Ferrante has years of experience assisting injured New York construction workers. If you or a loved one suffered injuries in a construction accident, contact our office today to schedule an initial consultation.