Brooklyn Construction Accident Lawyers
Dedicated Construction Accident Lawyers In Brooklyn, New York
Like many areas, Brooklyn is constantly growing with new buildings and high rises springing up everywhere you look. We become so used to the construction going on around us that we sometimes fail to see the dangers present in our everyday lives. According to the U.S. Bureau of Labor Statistics, the construction industry accounted for 34% of all fatal occupational industries in NYC in 2017 and 2018.
Construction sites are always dangerous, but this risk is especially heightened for construction workers who are present every day. If you or somebody you know was hurt in a construction accident in Brooklyn, you may be eligible to receive monetary compensation. Please don’t hesitate to reach out to our trusted Brooklyn construction accident lawyers at Rosenberg & Rodriguez for a free case evaluation and to learn more about how we can help.
What Causes Most Construction Accidents in Brooklyn?
According to Business Insider, construction is one of the most dangerous industries of employment. These projects require trained professionals, like construction workers, electricians, masons, plumbers, roofers, and ironworkers to name a few. All of these people experience daily risks while working on a construction site.
Due to all of the new construction projects in New York City, there are countless opportunities for serious and even deadly accidents. Contractors and construction site owners don’t always have their workers’ best interests at heart. Some of the most common causes of construction accidents in Brooklyn include:
Falls are the most common cause of death at construction sites. Construction workers often have to climb to extreme heights, which can be anywhere from 11 or 12 feet for a one-story house to hundreds of feet for taller buildings like office buildings and apartment complexes. At these heights, workers must use proper fall protection devices to prevent injuries or death.
Struck By An Object
Construction sites are known for being noisy, dirty, and crowded. Workers often have to be on high alert for potential dangers. Struck-by-object injuries happen when a person gets hit by an object that falls or swings. This may include large objects like beams or wrecking balls, or a worker could become injured when a smaller object such as a hand tool falls from above.
Because construction workers often handle different aspects of a project simultaneously, it’s difficult for anyone to understand all the risks involved in every job. This is especially true for electrical work, which puts workers at risk if a wire is not properly labeled or turned off. In fact, electrocutions contribute to 9 percent of construction site fatalities and can cause burns, spinal cord injuries, traumatic brain injuries, or organ damage.
Caught Between Objects
Caught between accidents are responsible for 2% of construction worker fatalities. These injuries occur when a person becomes trapped between two objects, such as a machine and wall, or moving tools. The severity of the injury is related to where on the body it occurs and the objects involved. Most caught-in-between incidents involve crush injuries, resulting in broken bones, lacerations, or amputations.
Most Common Injuries From Brooklyn Construction Accidents
Though construction accidents frequently result in minor injuries, some workers sustain such serious or catastrophic injuries that they are unable to work for the rest of their lives. Because different types of workers are required at various stages of construction, the range and severity of potential construction-related injuries are broad. Here are some examples of injury claims we regularly see in these cases:
- Broken bones
- Amputated limb
- Traumatic brain injury
- Back injuries
- Neck injuries
- Eye injuries
- Cuts or lacerations
- Crushed limbs
If a construction worker experiences severe injuries from an accident, the only way to protect their rights is by hiring an experienced construction accident lawyer in Brooklyn. At Rosenberg & Rodriguez, we routinely represent injured construction workers and help them receive the justice and compensation that they deserve.
Common Places Construction Accidents Take Place
Construction sites are not just in downtown areas. They are everywhere we turn. The Bureau of Labor Statistics reported that 849,570 Americans worked as construction laborers in one recent year. An additional 227,460 held the title of construction manager, with carpenters, electricians, and operating engineers accounting for 611,070 503 660 and 245 320 workers respectively With so many construction workers in NYC, accidents can happen anywhere, especially at the following places:
In one year, Brooklyn had more active construction projects than any other borough in NYC. At the time, there were 2,800 permits on file with the largest project being 3.9 million square feet. Working on city buildings comes with risks that those working at ground level don’t have to think about such as height and distractions which can make it difficult to stay safe while performing your job duties.
Every day, millions of drivers mindlessly weave in and out of construction sites. It’s simple to forget how unsafe these areas are for the workers. men and women who work on roadways must battle against poor weather conditions, lack of space, and cars speeding past them. When repairing bridges, traffic lights, or any other objects in high-traffic areas, these individuals are at an increased risk for harm.
Homes And Offices
A big section of the construction industry is new home builds, repairs, and renovations. While these jobs may be more tucked away and have more space, they come with different challenges. Workers are often unfamiliar with the area they’re working in so might not know about potential dangers. Plus, homeowners can add pressure on workers by wanting the job done quickly.
Factory work is increasingly in demand, but it requires more than the standard safety precautions. Workers often have to handle heavy and dangerous equipment.
New York Labor Laws & Construction Accidents
If you were injured on a construction site in Brooklyn, the law may entitle you to sue for damages under one or more of three different statutes. Section 200 of the New York Labor Law provides that all contractors and property owners must provide workers with a safe place to work at all times. Section 240 holds agents liable for injuries caused by elevation-related hazards like falling from scaffolds or ladders. And Section 241 protects workers from accidents involving excavations, trenches, and other shoring operations.
The liable party in a construction site accident can be difficult to establish. This depends on the insurance types and coverage amounts of the involved parties, which could include construction managers, general contractors, subcontractors, etc. If you were hurt in a construction accident and are seeking benefits outside of workers’ compensation, you need a qualified Brooklyn construction accident attorney who can help investigate your claim.
Section 200 requires that general contractors and owners take appropriate measures to protect the lives, safety, and health of anyone working on or visiting the site. If there is a potential danger, they must address it, and all workers must have the proper safety equipment. If you are a construction worker who is seriously injured due to a dangerous Section 200 violation, you may be able to pursue damages in court.
Section 240 “Scaffolding Law”
There is also a “Scaffolding Law,” which is covered in Section 240. This law establishes best practices for how to safely erect, secure, and fasten scaffolding. If somebody does not follow the rules laid out in this section, injuries could occur. If you can show that there was a violation of Section 240, then it is not necessary to prove that the owner or contractor was negligent; the violation alone makes them strictly liable for your injuries.
If you were injured on the job and it was due to your employer’s negligence in supplying proper safety equipment or not ensuring that workers were using the right tools, you may have a case. Past proof of a clean safety record won’t protect your employer from liability. Our skilled Brooklyn construction accident lawyers can help you figure out if Labor Code section 240 covers your situation.
Section 241 of the Labor Law covers lawsuits that workers may be able to file against the general contractor and owner in cases involving unsafe equipment or work practices, slip and falls, etc. It details what safety measures owners and contractors should take at a worksite, including demolition, excavation, and construction, as well as the necessary safety equipment they should provide employees.
According to Section 241(6), property owners or contractors could be held liable for any accidents that take place while under their care or supervision, regardless of whether negligence can be proven. If you are a construction worker in New York, state Labor Codes provide extra protections for you. These codes could give you grounds to file a lawsuit against an owner, general contractor, or other responsible parties who has violated one of these code sections.
Depending on the situation, various people can be sued. Before taking any legal action, speak with one of our experienced construction accident lawyers in Brooklyn. We will listen to your story and let you know if filing a lawsuit is an option for you and who would be held responsible.
Making A Workers’ Compensation Claim After An Accident
Unlike other compensable injuries, most workplace accidents fall under the exclusive remedy rule of workers’ compensation. In New York, this means that almost every employer is required to have workers’ compensation insurance to protect their employees from the medical and disability costs associated with a workplace injury or illness. This type of insurance pays benefits to injured employees without taking into consideration who was at fault for the said accident and includes:
If you have suffered a workplace injury, workers’ compensation will cover all medical expenses necessary for diagnosis and treatment, as long as the provider is approved by both the New York Workers’ Compensation Board and your employer (unless it’s an emergency).
If an employee can’t come back to work temporarily or permanently, workers’ compensation benefits might help make up for lost wages. Time-loss payments equal two-thirds of the average weekly wage, multiplied by how much a construction worker’s ability to work has diminished.
Workers’ compensation entities provide payments to the families of construction workers who die on the job. These payments replace some of the deceased worker’s income, as well as provide a lump sum payment for funeral and burial expenses.
But there is a trade-off to workers’ compensation insurance. By providing this type of insurance for their employees, employers are usually freed from any other legal liability to their workers. In other words, most construction workers injured on a job site cannot sue their employer for damages – even if the employer’s unsafe practices caused the injury.
Frequently Asked Questions
How Long Do I Have To File A Construction Accident Injury Claim?
If you’re filing for workers’ compensation benefits, you only have 30 days to notify your employer. You must then file your workers’ compensation claim within two years of the accident. If you’re filing a personal injury lawsuit, you have up to three years from the accident date to file in New York. Failure to meet the legal deadlines means your claim could be barred, so it’s crucial that you consult with a qualified Brooklyn construction accident attorney as soon as possible.
What Damages Are Available to Injured Construction Workers?
The amount of money you can receive after filing a workers’ compensation claim or personal injury lawsuit varies. If you file for workers’ compensation, you will only be able to recover benefits like medical bills, lost wages, and disability. However, if you choose to file a personal injury lawsuit instead, you could seek more comprehensive damages that might include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Nursing care
- And more
Being injured on the job is traumatic enough–you shouldn’t have to worry about being lowballed by your employer’s insurance company. If you’ve filed a workers’ compensation claim or are thinking of filing a lawsuit, let the Brooklyn construction accident lawyers at Rosenberg & Rodriguez help ensure that you receive the full amount of money you deserve.
Do I Need A Brooklyn Construction Accident Lawyer?
After you contact us following a construction site accident, we will launch an independent investigation. This research will entail looking for documentation and evidence, which may include:
- Police reports
- Your injury records
- Medical records and physician notes
- Scene photos
- OSHA investigation report
- Prior citations or violations
- Witness statements
- Information on all workers at the scene
- Insurance policies and safety manuals
- Safety inspection records
- Building inspection reports, permits, and applications
- And More
Contact Our Brooklyn Construction Accident Lawyers Today
If you were injured during a construction accident in Brooklyn, the lawyers from Rosenberg & Rodriguez are here to help. We understand that you may feel overwhelmed and we know the pain you might be experiencing. Our goal is to get justice for our clients by holding the liable parties accountable. While we focus on your case, please take the time you need to recover physically and emotionally. If you’re struggling with a construction injury, our Brooklyn construction accident lawyers will be ready to assist you through it and help get the compensation that you deserve. With us in your corner, there’s no need to communicate with complicated defendants or manage litigation yourself – we’ll take care of everything while working towards a positive resolution for your case.