NYC Construction Accident Attorneys

Lawyers Help New York City Workers Injured in Construction Site Accidents

If you have been injured or lost a loved one on a construction site, you may be entitled to compensation from the company and possibly other parties. The experienced New York City construction accident attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, have witnessed the devastating results of construction accidents. You should not have to handle your issues alone. Let us help you get the financial assistance you need. Call (212) 986-7353 to discuss the details of your case.

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What Are Common Construction Accident Injuries?

Injuries commonly sustained in construction accidents are usually severe in nature. They include:

• Traumatic brain injury (TBI)
• Spinal cord injury
• Bone fractures
• Partial or total paralysis
• Electrocution
• Burns
• Amputations
• Exposure to toxic substances
• Knee and back injury

Even a so-called "minor" accident can result in serious consequences. An injured construction worker may be burdened with exorbitant medical bills and lost wages during recovery. He or she may lose the ability to collect wages altogether if the injury is debilitating enough. In especially catastrophic incidents, a worker may suffer an injury that requires decades of treatment, therapy, and rehabilitation, which do not even guarantee a full recovery. The associated expenses can amount to six- or seven-figure sums. The aftermath of a construction accident can be one of the most trying experiences in life.

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How Weather-Related Accidents Pose Risks for Construction Workers

Weather-related construction accidents pose significant risks due to varying conditions. High winds can cause falls, blow over equipment, and scatter debris. Rain and snow make surfaces slippery, increasing fall risks, while extreme heat can lead to heat stroke or dehydration. Lightning poses a severe risk for electrocution, especially when working with metal structures or tools.

Employers must implement safety measures to mitigate these risks. This includes monitoring weather forecasts, halting work during extreme conditions, providing appropriate protective gear, and ensuring proper site drainage to avoid flooding. Additionally, employers should train workers on recognizing weather-related hazards and emergency procedures.

If injured in a weather-related construction accident, filing a claim involves several steps. First, seek medical attention immediately and document the injury and conditions. Report the incident to your employer as soon as possible. Gather evidence, such as photographs of the accident scene and witness statements. Then, file a workers’ compensation claim through your employer’s insurance. Consulting with a construction accident attorney can help ensure your rights are protected and you receive the compensation you deserve for your injuries.

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What Should I Do After Suffering a Work Injury in New York City?

• Seek immediate medical attention since your health is your priority. You should see a doctor as soon as possible. Your employer may refer you to a medical practitioner who has been screened by the New York Workers’ Compensation Board. It’s a good idea to write down everything you can remember about the incident before seeing the doctor so you can provide them with as many details as possible. This will help the doctor provide the best care possible and strengthen your workers’ compensation claim. Be sure that the doctor who treats you knows that the injury happened at work.
• Request a disability rating by asking the doctor if your injury will temporarily prevent you from performing your regular job duties. If they say it will, make sure you get a note from the doctor specifying when you can resume work. It’s important to start working again when you are up to it. Workers’ compensation insurance may be able to help cover your lost wages for the time you have to take off from work due to injury.
• Provide an accident report to your employer since they are required to file a workers’ compensation form with their insurance company right away. You want to provide an accident report as soon as possible. You have up to 30 days to give your employer the report, but the sooner you submit it, the sooner the claims process will begin. The report should include the time and date of the incident and where it occurred, and you will want to supply as many details as possible.
• Speak with an experienced NYC construction accident lawyer so they can start to investigate the accident and offer strategies for strengthening your claim. They can talk about the benefits that may be available to you. Your lawyer can also answer any questions about the workers’ compensation claim process, such as what to do if you have a preexisting condition.
• File your claim by informing your employer about a workplace injury. This will allow you to be given a Claimant Information Packet that includes an Employment Form (Form C-3). Fill out the form, sign it, and mail it to the Board. You can call (877) 632-4996 for assistance.
• Contact the proper authorities, such as the Occupational Safety and Health Administration (OSHA), to investigate your accident.

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What You Need to Know After a Fatal Accident in NYC

According to the U.S. Bureau of Labor Statistics (BLS), there are well over 4,000 fatal work injuries each year. In the construction industry alone, there are nearly 1,000 worker fatalities across America. That means about 1 in every 5 American workers killed on the job is in the construction industry.

The family of a deceased construction worker killed on the job can pursue compensation for their tragic losses through the employer’s workers’ compensation insurance. Death benefits under workers’ compensation should include support for funeral and burial expenses and installment payments like those for temporary total disability benefits.

But, there is additional compensation available when a fatal accident involves a wrongful death. A wrongful death results from someone else’s negligence or wrongdoing. When filing a wrongful death action after a construction accident, the families of victims must prove:

• The construction company was negligent
• The worker died as a result of the at-fault party’s negligence or wrongdoing
• The victim had close family members who suffered losses because of their death

A New York wrongful death claim can include financial compensation for damages not covered by workers’ compensation death benefits. A wrongful death claim can result in compensation for loss of financial support, loss of love and emotional support, loss of quality of life, and the pain and suffering your loved one endured before their passing.

If you’ve lost a loved one in a construction accident, DO NOT accept any settlement offers until you speak with an experienced lawyer. Wingate, Russotti, Shapiro, Moses & Halperin, LLP, will fight to get you the settlement you deserve.

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Role of OSHA Safety Regulations

Safety regulations play a critical role in construction injury cases by establishing standards designed to protect workers. The Occupational Safety and Health Administration (OSHA) sets federal safety standards for construction sites, including equipment use, fall protection, and hazard communication guidelines. Additionally, state regulations may impose further requirements tailored to local conditions and risks.

Employers must comply with these safety regulations to ensure a safe working environment. This includes regular safety training, maintaining equipment, and implementing protective measures like guardrails and safety nets. Employers must also perform routine inspections to identify and rectify hazards promptly.

In construction injury cases, evidence of non-compliance with OSHA or state safety standards can significantly strengthen a worker’s claim. Demonstrating that an employer failed to meet their safety obligations can establish negligence, leading to liability for the injury. Compliance with safety regulations is not only a legal requirement but also a fundamental aspect of preventing accidents and protecting workers’ well-being on construction sites.

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Responsibilities of New York Employers

Your employer is required to keep workers’ compensation insurance coverage for employees. A notice of such coverage must be posted in a conspicuous place. Upon request, your employer must grant you access to all records, books, and payrolls. Your employer can be fined for not keeping accurate four-year records of wages, employee classifications, and accidents. Employers are also required to participate in a mandatory safety and loss prevention program if they have an Experience Modification Factor (actual losses divided by expected losses) of greater than 1.2 and a payroll in excess of $800,000.

Employers may not discriminate against an applicant or employee simply because he or she has claimed workers’ compensation in the past. Your employer is required to report any injury or illness resulting in loss of time from regular duties or medical treatment. They must also report your wages or other compensation and changes to your work status to the chair of the Workers’ Compensation Board. Injury reports must also be filed with your employer’s insurance carrier. An injury report must be kept on file for 18 years.

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How Does Workers’ Compensation Work in New York?

This insurance provides money for medical care and lost wages for injuries suffered on the job. Workers covered by workers’ comp may not file lawsuits against their employers; however, some businesses may try to lessen a workers’ comp claim or disprove it entirely.

If your claim is denied, you should contact an experienced NYC workers’ compensation lawyer to guide you. Once your claim is denied by your employer’s insurance company, you can file an appeal with the New York Workers’ Compensation Board. You will need to fill out paperwork and file it with the Board, then attend a hearing to appeal the insurance company’s decision. Legal representation can help build your case and ensure you file the paperwork properly, meet necessary deadlines, and present your case professionally to the Board. The Board’s ruling on your appeal is final, so it is important to do it right.

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How to Document Your Construction Injury

Thoroughly documenting a construction injury is indispensable for supporting your injury claim. Start by taking photographs and videos of your injuries and the accident scene. Capture the area from multiple angles, including any equipment or conditions contributing to the accident. Visual evidence can be compelling in demonstrating the severity of your injury and the circumstances that caused it.

Medical records are essential. Keep detailed records of all treatments, including doctor’s notes, diagnostic tests, prescriptions, and rehabilitation plans. These documents clearly show the injury’s impact on your health and the necessary medical interventions.

Witness statements add another layer of validation. Obtain contact information and recorded statements from anyone who witnessed the accident. Written or video statements detailing what they saw can corroborate your account of the incident.

Lastly, request workplace safety reports from your employer. These reports may include information about previous safety inspections, any hazards identified, and the employer’s compliance with safety regulations. Such documents can highlight any lapses in safety protocols that contributed to your injury.

Together, these steps create a comprehensive record that can substantiate your claim, making it easier to pursue compensation and hold responsible parties accountable for the construction injury.

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What You Should Know About Undocumented Worker Accidents

Undocumented workers injured in construction accidents have the same rights to legal protection and compensation as documented workers. They are eligible for workers’ compensation benefits, including medical expenses and lost wages. Undocumented workers should report the injury to their employer and file a workers’ compensation claim to pursue compensation.

Legal resources, such as workers’ rights organizations and immigration advocacy groups, offer support and guidance. Consulting with a construction accident attorney familiar with undocumented worker rights can help ensure fair treatment and access to necessary benefits, regardless of immigration status.

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Contact Our New York City Construction Accident Attorneys for Your Injury

At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we have over 50 years of experience. This means you can have confidence that our lawyers are highly experienced in injury cases. We can file your New York workers’ compensation claim and handle appeals and hearings.

Contact us by using our online contact form. You can also call our New York City construction accident attorneys at (212) 986-7353 to discuss your case.

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Additional Information

• Proving Negligence After Construction Site Slip-and-Falls
• Lawsuits Concerning Construction Site Fires and Explosions
• Construction Site Injuries: The Importance of Documentation
• Psychological Injuries in Construction Accident Lawsuits
• New York Department of Buildings