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Construction accidents can occur in various settings, such as building sites, roadworks, or demolition projects. In New York, United States, there are specific laws in place to protect construction workers and ensure they receive fair compensation if they are injured on the job.
While not every construction accident necessitates legal involvement, there are situations where seeking the assistance of a lawyer is crucial:
- Severe injuries: If you have sustained severe injuries that require extensive medical treatment, rehabilitation, or result in permanent disability, a lawyer can help protect your rights and secure appropriate compensation.
- Employer negligence: If your employer has failed to uphold their legal obligations, such as providing proper safety equipment or adequate training, a lawyer can help you seek compensation beyond workers' compensation benefits.
- Third-party liability: If a third party, such as a contractor, sub-contractor, or equipment manufacturer, is responsible for your accident, a lawyer can assist you in pursuing a personal injury claim against them.
When it comes to construction accidents in New York, several local laws are particularly relevant:
- New York Labor Law Section 240: Often referred to as the "Scaffold Law," this legislation holds property owners and contractors strictly liable for construction workers' injuries resulting from falls or falling objects.
- New York Labor Law Section 241: This law sets forth specific safety regulations for construction sites, and violations of these regulations can form the basis for a personal injury claim.
- Workers' Compensation Law: This law provides benefits to injured workers, including medical expenses, lost wages, and disability benefits, regardless of who was at fault for the accident.
A: In most cases, you have three years from the date of the accident to file a personal injury lawsuit.
A: Yes, undocumented workers are entitled to the same protections under New York law. Immigration status does not prevent you from seeking compensation for your injuries.
A: Yes, you can file a workers' compensation claim against your employer and simultaneously pursue a personal injury lawsuit against a third party if their negligence contributed to your accident.
A: Depending on the circumstances of your case, you may be eligible for compensation for medical expenses, lost wages, pain and suffering, permanent disability, and more.
A: Most construction accident lawyers work on a contingency fee basis, which means they only collect a fee if they win your case. The fee is typically a percentage of the total compensation you receive.
- The New York State Department of Labor: https://www.labor.ny.gov/home/
- Occupational Safety and Health Administration (OSHA) - New York Regional Office: https://www.osha.gov/aboutosha/newyork/
- New York State Bar Association: https://nysba.org/
If you have been injured in a construction accident in New York, it is essential to consult with a qualified construction accident lawyer who can guide you through the legal process. They will assess the specifics of your case and help you navigate the complexities of New York's construction accident laws to ensure you receive the compensation you deserve.
