Have you been injured at a construction site in the Bronx? In order to get the most money possible under the law, you will need the help of an aggressive lawyer who has experience fighting insurance companies in the Bronx. The lawyers at Haicken Law are former employees of insurance companies. We have been behind enemy lines and know how insurance companies fight construction accident cases.
We would like the opportunity to represent you on your Bronx construction accident case. Please call for a free consultation. Time is of the essence. Delays could hurt your case.
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Why do I need a lawyer if I was hurt at a construction job in the Bronx?
Construction accidents can be devastating. The injuries can leave you unable to work and unable to provide for your family. An experienced Bronx injury lawyer can help you navigate the system to make sure you are taken care of. Our lawyers can:
- Get all of your workersâ€™ compensation paperwork taken care of;
- Make sure you see doctors and physical therapists who accept workersâ€™ compensation insurance;
- Begin investigating your case to determine who may be responsible â€“ the general contractor, the building owner, other subcontractors, a product manufacturer etc.;
- Make sure that you get as much of your wages as possible through workersâ€™ compensation insurance so that you can take care of your family while you recover;
- Contact witness, obtain statements from the workersâ€™ compensation records, and find any surveillance footage of the accident;
- Hire engineering and construction safety experts to analyze how we can best present your case to a Bronx jury.
Who is legally responsible for construction accidents in New York? Who pays for Bronx construction site accidents and injuries?
Most workers are at construction sites are hired by subcontractors â€“ electrical, plumbing, iron work, carpentry etc. The general rule in New York is that you canâ€™t sue your employer. You get workersâ€™ compensation benefits from your employerâ€™s insurance company. Workers compensation covers a set amount of your salary and all of your medical bills. In order to get your bills paid and your wages paid, you have to go through a very complex administrative law system. We can help you through this process with one of our workersâ€™ compensation lawyers. You do not have to prove that anyone was at fault for the accident. There does not need to be any showing of negligence. If you are hurt on the job, you are entitled to these benefits. The medical benefits can potentially go on for the rest of your life.
In addition to workersâ€™ compensation benefits, you may also have a personal injury accident case against other entities such as other subcontractors, the building owner, and the general contractor.
Under New York Labor Law 240, the building owner and general contractor are responsible for worksite safety. The general rule is that workers injured in a â€œgravity relatedâ€ risk, while doing construction work do not have to prove fault. They are entitled to what is called â€œabsolute liability.â€ This means that even if the worker is 99% at fault for causing her own injury, she wins her case against the building owner and general contractor. The defendants – the building owner and general contractor â€“ cannot use comparative fault as a defense in construction accident cases.
The usual defenses in a slip and fall such as â€œThe plaintiff wasnâ€™t paying attention,â€ or â€œThe plaintiff should have seen the defective conditionâ€ do not work in construction site accident cases.
Labor law 240, commonly known as â€œThe scaffold lawâ€ has protections for workers who fall, and for workers who are injured when objects fall on them.
Workers are also protected under Labor Law 241(6) for other types of injuries that do not involve falls from heights or objects falling on workers. This section of the law is for more traditional accidents such as trip and falls on uneven surfaces at a construction site.
Even though the law is very much in favor of the workers as far as proving liability or fault, the case value still depends largely on the injuries.
What are some common injuries from construction site accidents?
Construction site accidents can be debilitating and can often result in oneâ€™s in ability to work. Common injuries include
- Broken bones (fractures)
- Complex Regional Pain Syndrome/Reflex Sympathetic Dystrophy
- Traumatic brain injuries
- Torn ligaments and tendons
- Scars from surgery and lacerations
- Bulging and herniated discs
What are some examples of construction accident cases youâ€™ve worked on?
- Falls from scaffolding due to a lack of safety equipment
- Falls due to unstable scaffolding and ladders
- Lacerations from unsafe tools
- Trip and falls due to walkways not being cleared of debris and tools
- Objects not properly secured that fall on workers
- Burns from welding rods, acetylene torches, and explosions
- Crush injuries from building, scaffold and crane collapses
- Falls from construction stilts
- Accidents caused by the negligent operation of construction site vehicles such forklifts
Can someone get workers compensation payments and also have a personal injury case?
Yes, absolutely. A typical example is to get workersâ€™ compensation benefits from your employer, a subcontractor, and also have a personal injury construction accident lawsuit against the building owner and general contractor. At the end of the case, the workersâ€™ compensation insurance company will have a lien on the accident settlement. This means that the workersâ€™ compensation insurance company will be able to get money back that it spent on your medical treatment on lost wages. They wonâ€™t be able to get it all back. An experienced Bronx construction accident lawyer can negotiate with the workersâ€™ comp. insurance company to make sure that you get to keep as much money from your settlement as is legally possible.
Is there a time limit to file a Bronx personal injury or workers comp case for a Bronx construction accident?
Yes, if you are working on a construction site owned by any sort of government entity or authority such as the Transit Authority, you only have 90 days to file a notice of claim. A lawsuit must then be commenced within a year and 90 days of the accident.
Most personal injury cases have a three-year statute of limitations or time deadline to file a lawsuit. However, itâ€™s best not to waste any time. The sooner you file, the sooner you could get paid. Also, the workers compensation system has an entirely separate set of important deadlines.
In addition, the longer you wait, the more likely it is that evidence will disappear.
Are there any steps I should take if I was injured in a construction accident?
- Get medical help as soon as possible.
- Make sure to tell the doctors that you were injured at work.
- Do not attempt to use your own health insurance. This will make your case more complex. Your medical treatment will be covered by your employerâ€™s workersâ€™ compensation insurance.
- Take pictures of the Bronx worksite where you were hurt. Remember that we may have to prove your case in court someday. If you were on a Bronx jury, what photos would you like to see to prove that the accident happened and how injured the worker is?
- Tell your supervisor as soon as you can that you were hurt at work.
- Fill out the workersâ€™ compensation forms immediately.
- Call a member of the LAW TEAM at Haicken Law for a free consultation.
The insurance companies and lawyers who work on Bronx accident cases take them very seriously. They will do everything possible to delay and deny your injury claim. Itâ€™s best to have an aggressive law firm, of former insurance lawyers on your side. The lawyers at Haicken Law are ready to help you get justice for your injuries.