Brooklyn Construction Fall Accident Attorney
Have you been hurt in a fall from a height while at work?
Workers on construction projects are frequently placed on scaffolds, ladders, lifts, and roofs, increasing their risk of serious injury or even death.
Falls are the main reason for fatalities on construction sites, according to the Centers for Disease Control. One out of every three fatalities related to construction is caused by falls. The City of New York reports that, in one recent year, there were 197 fall accidents on building sites around the city. Seven people died as a result of these accidents. Compared to the previous year, which witnessed 140 fall accidents and four fatalities, these numbers were substantially higher. You may have crippling injuries that keep you from working and have a long-term negative effect on your life.
Construction workers involved in fall-related accidents on job sites may suffer a wide variety of traumatic injuries, such as fractured bones, neck and back injuries, ligament or muscle tears, internal injuries, or the most severe: traumatic brain injuries, amputation or death.
You may be eligible for compensation if a fall on a Brooklyn construction site caused your injuries or the death of a loved one. Although most employees are covered by workers' compensation, receiving benefits is not always simple. Whether it's through workers' compensation or from a negligent third party, Brandon J. Broderick can assess your case and assist you in getting the compensation that you are entitled to.
For a free initial case evaluation with an experienced Brooklyn fall from heights attorney, contact our offices immediately to schedule a consultation.
Who's Liable if Someone Falls While at Work on a Construction Site?
Unfortunately, there is a serious issue with the negligence and violations of the Labor Law committed by individuals who own and exercise control over construction sites. Workers' compensation is typically the "sole remedy" against an employer for employees who are hurt at work. As an injured construction worker in Brooklyn, New York, you may be eligible to pursue compensation through a personal injury lawsuit against a party other than your employer. This may include:
- Property owners and lessees
- Developers
- General contractors
- Product manufacturers
- Property management companies
- Subcontractors
Through legal action, injured workers can hold negligent parties liable for violations of the Labor Law that led to their injuries. Additionally, a Brooklyn construction accident lawyer can assist accident victims in recovering reimbursement from workers' compensation that is unavailable or otherwise insufficient.
Contrary to personal injury claims, which require the person seeking damages to establish the liability of the person(s) that they are suing, workers' compensation claims offer benefits (such as a portion of lost wages and medical care) regardless of fault. Your damages from a construction accident may be paid by the defendant if they violated the State of New York's Labor Law by:
- A failure to adequately protect workers from height-related hazards like ladders and scaffolds (Labor Law 240);
- Failing to follow certain rules of the New York State Industrial Code (Labor Law 241(6)) to provide reasonable and adequate protection and safety on the worksite;
- Ignoring their overall obligation to ensure the health and safety of all individuals on the site (Labor Law 200);
- Were negligent in causing your accident or employed the at-fault party;
- Or, manufactured or distributed defective products, such as a defective ladder or faulty safety gear, or a fall-arrest system.
Fall Accidents on Construction Sites: Compensation
You may be eligible to get compensation through a workers' compensation claim if you suffered injuries in a fall at a construction site. In New York State, the workers' compensation system may be able to offer injured workers financial benefits such as:
- Medical benefits that cover all reasonable and necessary treatments that the treating provider has prescribed, as well as transport expenses to and from medical appointments and procedures.
- Temporary disability benefits that partially make up for lost wages from time away from the workplace.
- In cases of total disability, long-term partial wage replacement can be provided through permanent disability benefits, which can offer financial payments based on the body part affected and the severity of the disability.
- For a permanent visible deformity, financial compensation.
- If injuries hinder the performance of previous job obligations, vocational rehabilitation provides retraining and job placement in a new position.
In the event of a fall from a height accident, an injured construction worker may, in some cases, additionally file a personal injury claim. This may result in further and just compensation for:
- Lost wages from missed work time or lost future earnings due to permanent disability
- Physical pain
- Emotional distress and trauma
- Loss of quality of life as a result of injuries that cause disability, disfigurement, or a reduced life expectancy.
Applying for Social Security disability benefits may be a legal option for a person who is permanently unable to perform any form of gainful employment as well. Brandon J. Broderick can guide you through the application process and determine your eligibility for SSDI or SSI if you or a loved one has suffered injuries on a construction site.
How Long Do You Have in New York to Submit a Construction Accident Claim?
You might be entitled to bring a personal injury case against the party accountable for your injuries if you were injured in a fall from heights at a Brooklyn construction site that was caused by someone other than your employer. Whether the liable parties are municipal or public authorities or whether they are private entities, the period to initiate a case differs.
A personal injury claim alleging negligence or Labor Law violations against a private party must typically be made within three years after the accident. Suits brought against municipalities or public authorities must be filed in much less time, and must first satisfy other procedural requirements. It is important to get legal representation as soon as possible since failure to file a lawsuit or satisfy the prerequisites will result in the dismissal of a case.
You may also be qualified to make a workers' compensation claim if you suffered harm from falling while at work. Injured employees are required by New York's workers' compensation statute to notify their employer of their injury no later than 30 days after an incident at work. Additionally, you have two years from the date of the work accident to notify the New York Workers' Compensation Board.
Due to these deadlines, it is essential to contact a New York fall from heights attorney right away. A construction worker who sustains an injury may lose their ability to pursue compensation if their claim is not filed in a timely manner.
Brandon J. Broderick is Available and Ready to Help you With Your Construction Site Fall Accident
You should receive compensation if you suffered a fall on a Brooklyn construction site. Brandon J. Broderick can assist you with the proper way to proceed if you have a right to workers' compensation or potentially have a case against a third party.
Our top-rated Brooklyn, New York City construction accident attorneys will fight for the compensation you are entitled to, with a proven history of successfully defending workers' rights. Call right away for your free case assessment. (877) 740-7603.