Finding the Right Law Firm After a Construction Accident

Woman standing in room with unfinished walls

 

Construction accidents occur commonly in New York, especially to construction workers.

While workers in all fields are subject to injury at work, deaths caused by construction accidents make up approximately 26 percent of all worker deaths in New York City. 

Because filing for workers’ compensation or other types of compensation after an accident can be an arduous process, you should consult with a legal team to achieve the best results. 

Finding the right law firm and lawyer to aid you in making your claim can make a difference in securing your rights and the amount of compensation you can receive. 

Our lawyers were able to recover  millions for union workers who injured their head, neck, back,  knees, shoulders and/or elbow in falls while working on a construction site. 

If you have suffered injuries due to a construction accident, read more about how to file for compensation and how the right law firm can help you through the process and get the money and benefits you deserve. 

Construction Accidents in New York City

It seems there is always something under construction in New York City. While many construction accidents are mild in regards to injury, more severe accidents can lead to long-term health defects, injuries, disabilities or even death. 

Because of the various materials that construction workers deal with and the diversity in tasks that the job entails, many different types of construction accidents may occur. 

To help prevent construction accidents, and therefore injury, both construction workers and site managers need to familiarize themselves with some of the more common incidents that can occur. 

Falls

Falls usually occur on elevated construction sites. However, they may also result from tripping on obstacles or slipping on a wet or smooth surface.

Falls can lead to multiple injuries, including broken bones, torn muscles, head or brain damage, and in some cases, death. 

To prevent falls, construction managers and employers have to ensure that guardrails are installed where needed, scaffolds are erected and used, safety devices readily available, ladders in good working order are provided and that floors are not slippery while workers are on site. 

Electrocutions

Electrocutions can afflict those that work with power tools or electric wires on construction sites. 

Electrocutions can cause damage to the heart, brain, and nerves. Depending on the intensity of the electric shock, electrocutions can lead to permanent damage or even death. 

To avoid electrocution, electric tools should be checked regularly for any malfunction. Wires or electric cords should not be exposed, so they are not a danger to those working with them. Most importantly is that no one is instructed or allowed to work live, and anytime electrical work is required that lock and tag protocol be followed.

Struck-by Objects or Hazards

Being struck by an object or a hazard occurs when an object falls on an individual from overhead or when an unfastened structure or equipment swivels or moves and hits a nearby worker. 

Being struck by an object can lead to various injuries, including head, brain, neck injuries, broken bones, amputations or degloving injuries and cuts on the skin. Depending on the weight ,size and speed of the object, getting struck may also lead to serious impairment or death. 

To avoid being struck by falling or untethered objects, materials on a construction site should be located in a safe location where they would be unable to fall or tumble on workers or pedestrians.

The general contractor should make certain no garbage or debris is left on the jobsite. Structures should be built and secured properly so that parts do not become free and are at risk of hitting anyone nearby. 

Caught-in or Between

Getting caught or trapped underneath or between materials occurs when there is a collapse on a construction site. An example of this would be a poorly built building falling on workers while on the job. 

These incidents can be mild or serious depending on the amount and weight of the material that collapses. In some of the worst cases, they can crush victims or lead to suffocation and death. 

To avoid incidents in which an individual is caught in or between materials or structures, construction managers should invest in good material that will not collapse and ensure that all structures on a site are secured. Employers and workers should have a plan ready if such an incident occurs. 

Welding Burns

Welding burns typically affect workers who use high-power tools to weld and melt together metals for construction structures. 

Depending on their intensity, burns can cause damage to the nerves and skin. In some cases, they may lead to disfigurement, loss of blood, infection, or even death. 

To help avoid welding burns, tools used in welding should be inspected regularly for any malfunctions that may pose dangers to users. Site managers must also provide the right heavy-duty equipment to workers who deal with welding to protect them from the heat these tools produce.  

Filing for Workers’ Compensation

Construction accidents are a common occurrence in New York, but you have rights. Laws were specifically enacted to protect the construction worker. New York State has more high rise buildings in the country than any other city. It only makes sense that laws were passed to protect construction workers from the dangers of working at height or from gravity related risks, such as falling objects. 

Regardless of how you incur any injuries while on the job, you have rights that are protected under the law. Similarly, no matter how severe or not your injuries are, you are entitled to file for compensation. 

If you or someone you know has been a victim of a construction accident while at work, you are  eligible to receive workers’ compensation. You also may be entitled to file a lawsuit in addition to workers compensation. More than half of those construction workers injured on the job only file a workers compensation claim and fail to file a lawsuit. They wrongfully deprive themselves of money, often millions of dollars they are entitled to. They mistakenly think that an accident is their fault not realizing New York State has special laws protecting them. Get all the money you’re entitled to. Call the experienced construction accident lawyers at Schwartzapfel Lawyers now at 1800-966-4999

While filing a claim against your employer might seem nerve-racking, employers are responsible for the safety of their workers on construction sites. Most employers in New York are required to have workers’ compensation insurance to cover any accidents that their workers may be victims of while on the job. 

If you are afraid of angering your employer or afraid that you may lose your job if you file a claim, remember that the law is on your side in receiving the compensation you deserve. 

Before you file a claim for workers’ compensation, be sure you understand what it covers and whether or not you are eligible to receive it. 

What Is Covered by Workers’ Compensation?

You can claim workers’ compensation only for accidents that occur during your course of employment. Generally, they do not cover accidents that occur on the way to work or during a worker’s lunch or break hours if offsite. It’s important to speak to an experienced workers compensation lawyer as these issues are very fact specific. Call Schwartzapfel Lawyers at 1800-966-4999.

 Workers’ compensation provides financial support to cover the following: 

  • A portion of regular wages and pay until an employee can return to work following an injury. If wages are not paid, the victim may receive a lump sum payment in replacement. 
  • Medical bills for procedures, treatments, and rehabilitation following an injury, including travel expenses to and from hospitals and treatment clinics. 
  • Other payments of compensation if an injury results in permanent impairment or disability. 
  • Funeral costs, which are paid to the family if a workplace accident leads to the death of the victim.

What Is Not Covered by Workers’ Compensation

Generally, Workers’ compensation cannot be claimed if the accident does not occur during work hours. 

Workplace injuries cannot be covered by workers’ compensation if: 

  • They occur solely because the afflicted employee was intoxicated or inebriated while at work. 
  • They occur while commuting to or from work. 

After you have determined your eligibility for workers’ compensation, you can better understand what rights you are entitled to. 

While an employer has no grounds to get angry with an employee for filing a claim, some employers may try to prevent or dissuade afflicted workers from filing. 

How a Law Firm Can Help

While you may be able to file for worker’s compensation on your own, consulting Schwartzapfel Lawyers at 1800-966-4999 an experienced construction accident and workers compensation law firm can help you receive all the money and benefits you deserve. 

While most employers are required to have workers’ compensation insurance, many might try to prevent employees from filing a claim. Employers  do not want to take responsibility for the accident or have to pay more in insurance even if it is a minimal amount. 

A lawyer can help avoid any attempts at undermining your claim. 

Here are a few ways how: 

Evidence Collection

A good law firm will provide you with a lawyer that will collect all the evidence needed to prove liability and damages. That an accident occurred due to negligence of the owner, general contractor, construction manager, and sub-contractors. That you suffered damages, harms and losses.

While identifying why an accident occurred may seem simple, construction companies and managers usually assert that the accident occurred due to improper behavior on the employee’s part. 

By surveying the scene, gathering details about the event, and taking down witness statements, a lawyer can help prove how and why an accident occurred, and that you were no way at fault for the accident. 

Settlement Negotiation

When it comes down to a settlement, the wrongdoers responsible for the accident and damages will want to pay as little as possible. A great law firm can provide you with a lawyer who will negotiate the best settlement possible or take the case to trial and get you the most money possible based upon all other cases similar to yours. 

The opposing parties will likely have a competent legal team of their own. A lawyer from a reputable law firm will be able to stand up and beat them to ensure your rights are protected and that you get all the money and benefits you are entitled to. 

Finding The Right Law Firm 

Once you decide to consult with a law firm to help you with your case, you must now decide what law firm you want to consult. 

The right law firm will provide you with the legal and emotional support you need. It can make a difference in both easing the process and improving the results of your claim. 

To find the law firm you need, make note of the following important items. 

Area of Expertise

There are many types of law firms that focus on various legal situations. You do not want to consult with a law firm that processes divorce cases if your case pertains to a construction accident. 

You should be looking for law firms specializing in personal injury cases, specifically those dealing with workplace and construction accidents. 

Experience and Success Rates

After narrowing down your search to personal injury law firms, you should determine whether or not the law firm has handled construction accident cases in the past or cases that are similar to yours. 

Your goal is to find a law firm that has experience in the type of case you are looking to file, as well as consistent successes in prosecuting those cases. 

Accessibility and Approachability

You have to trust and communicate with your legal team. The law firm you choose must provide you with lawyers that will prioritize your case and guide you every step of the way. 

If you are having trouble finding a law firm that you can trust, you may want to consider asking people in your network for law firms they have used in the past. 

At Schwartzapfel Lawyers PC, we want the best for our clients and always prioritize their needs. With millions of dollars in recovered settlements, we do our best to help you secure the compensation you deserve.

We are most proud of hundreds and hundreds of five star google reviews we received attesting to how we made a difficult situation easier, that they were treated like family, that we are always available to answer their questions and that they no longer have to worry about their financial future.

To start filing your claim, you can book a free consultation with us today.

Call now Schwartzapfel Lawyers 1800-966-4999.

Construction accidents are a common occurrence in New York, but you have rights. Laws were specifically enacted to protect the construction worker. New York State has more high rise buildings in the country than any other city. It only makes sense that laws were passed to protect construction workers from the dangers of working at height or from gravity related risks, such as falling objects. 

Sources: 

NYCOSH REPORT REVEALS ALARMING TREND AS NEW YORK CITY CONSTRUCTION DEATHS CONTINUE TO SPIRAL UPWARDS | NYCOSH 

Fatal Injuries among New York City Construction Workers |  NYC GOV 

What is Welding? – Complete Guide | NEIT 

Schwartzapfel Lawyers P.C.
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