If you were injured at a construction site, there’s a construction accident lawyer New York, NY, is proud to have helping you. Construction sites are pervasive in both large cities and small, and if you live in an area like New York City with a lot of construction zones, you may be at risk for injury. When you work on a construction site, you know that your job is very dangerous, even if you are not operating heavy machinery every day. Typically, this line of work involves construction employees to move heavy items, operate machinery, work at great heights, and be around incredibly loud noises on a daily basis.
When this is the case, there are many opportunities for an employee to become injured. The Occupational Safety Health Administration (OHSA) created safeguards and standards that employers and employees should follow in order to be safe at work. However, accidents are not always avoidable, and when someone else’s negligence causes you to become injured at a construction site, you may be facing years of healing and time off work. When someone else causes your personal injury, they should be held accountable and you should receive compensation for your injuries. For more information, reach out to a New York construction accident lawyer from Okun, Oddo & Babat, P.C. now.
Construction accidents can be caused by:
- Falling materials
- Open trenches
- Bad ventilation
- Toxic chemicals
- Spills and slippery sidewalks
- Equipment errors
If you or someone you know has been injured in a construction accident, contact Okun, Oddo & Babat, P.C. Turn to a construction accident lawyer New York, NY trusts to help you.
Employees Who Suffer from Construction Accidents
The law is applied differently depending on if the injured person was an employee at the construction site or not. Employees may be entitled to a couple different types of compensation for their injuries. A skilled construction accident lawyer in New York, NY, may be able to help you figure out which kind of compensation you deserve.
What are my options?
If you were injured on the job at a construction site, a New York, NY construction accident lawyer can present you with options when pursuing compensation for your injuries. These may include:
- Workers’ Compensation
- Personal Injury Lawsuit
Each state has some type of law regarding workers’ compensation. When you were injured at your job while conducting work, you should receive some type of compensation for these injuries. When this is the case, document your injuries, see if there were any witnesses, report your injuries to your supervisor, and seek medical attention as quickly as possible. It is important that you follow the correct steps when filing a workers’ compensation claim so that your claim does not get denied. If you are unsure of what to do, your New York, NY construction accident lawyer can help you get the proper paperwork in place and submitted on time.
Workers’ compensation sometimes allows an employee to recover financially or otherwise for injuries received while working. Generally, in these situations, it doesn’t matter who was at fault for the injury.
These benefits come with some drawbacks, too, however. Under workers’ compensation laws, an injured employee is usually not allowed to sue an employer for his or her injuries—even if the construction accident was the employer’s fault.
However, even if the injured party was an employee, he or she may be able to bring a suit against a third party besides the employer. In that situation, the employee would be acting more like a bystander. The right type of construction accident lawyer New York, NY citizens should look for will be one with experience dealing with both workers’ compensation and personal injury.
Personal Injury Lawsuit. Unfortunately, it is possible that your workers’ compensation claim was denied (justly or unjustly) and you will likely still need to receive compensation in some form to pay for your medical bills and help with any lost wages. When this is the case, you and your construction accident lawyer from New York, NY can discuss how to pursue a personal injury lawsuit. If, for example, you were injured at a construction site due to faulty equipment, you could not bring a workers’ compensation claim against the manufacturer of the equipment. Instead, you would pursue a personal injury lawsuit. Although there is typically higher risk with a personal injury lawsuit, there is also the potential for much higher damages, so it is important to speak with your New York, NY construction accident lawyer about which option is best for you.
Bystanders Injured at Construction Sites
Unfortunately, pedestrians are at risk for injuries from a construction site as well, especially if the contractors at the site did not mark the area as unsafe. When this is the case and a pedestrian sustains an injury, you should speak with your attorney about filing a lawsuit to recover compensation.
If the injured person was not an employee of the construction site, the usual personal injury law will generally apply. In these instances, there are several third parties who may be liable. A lot of factors could come into play to determine who was at fault. A top construction accident lawyer New York, NY, has to offer will be experienced in these determinations.
Construction sites are often not home to just one company. One person may own the land, while another was hired to develop it. The construction company working at the site may also be hiring subcontractors or renting machinery. These situations can be complex, and if you were injured, you may need a construction lawyer in New York, NY, to help get to the root of the problem.
What Kind of Damages Should I Pursue?
In third-party personal injury suits, there are a few types of monetary damages available to recovering parties. If you’re confused, the Okun, Oddo & Babat, P.C., team has a New York, NY construction accident lawyer who might be able to help. In the meantime, here are some types of damages:
If a person’s injuries make it so they cannot continue with their line of work (even temporarily), the person could receive damages in the amount equal to what they’d miss out on from missing work.
Impairment of earning capacity
Sometimes, injuries cause a more long-term impact on a person’s income. The capacity to earn money may be permanently diminished. If that were the case, a court would try to calculate the amount the person would lose in the future.
A guilty third party could wind up paying the medical bills for the injured person.
In many of these instances, the plaintiff will have to prove the negligence of the third party in order to recover.
A New York, NY Construction Accident Lawyer Can Represent You
Construction sites come equipped with a variety of hazards that could lead a person to obtain an injury. Whether you were a bystander or a construction worker who was injured, it may be a good idea to consider working with a New York, NY construction accident lawyer. Accidents can range in severity, while in some situations you may be able to recover within a fairly shortened time frame, others may leave you with long-lasting injuries as a result. A construction accident lawyer from New York, NY can represent your case by identifying the negligent party who should be held responsible and helping to gather evidence that proves their negligence in your accident case.
Common Injuries a Construction Accident Victim May Face
While there are a number of ways that a construction accident may occur, the results have the ability to produce disastrous results for an accident victim. Working on a construction site has the ability to come with its fair share of risk. When proper care is not taken to ensure safety, construction site workers may stand to face injuries that include:
- Broken Bones
- Head Injuries
- Exposure to Toxic Materials
- Spinal Injuries
- Neck and Shoulder Injuries
If you have been injured on a construction site, a New York, NY construction accident lawyer at Okun, Oddo & Babat, P.C. may be your next call. Working with a lawyer on your injury case, can help you to determine the appropriate action steps for pursuing your case so that you may obtain the compensation you deserve for your losses.
Negligence on a Construction Site
Your construction accident lawyer from New York, NY will work with you to gather the proper evidence and strategize your case in efforts to prove that there was a negligent party responsible for the damages you are facing. Most victims may be unclear as to who they should hold accountable for the accident. While in some cases you may be eligible for workers’ compensation through your employer, you may have the ability to hold other, third parties accountable for their negligence. This may include:
- Equipment manufacturer
- Construction site owner
When facing a construction accident case that is as complex and multi-layered to involve more than one party, a New York, NY construction accident lawyer can play a key role in helping to determine who may be at fault for the accident. Our New York construction accident lawyers will work closely with you to build your case, and hold the proper negligent party accountable.
Proving Negligence with a New York, NY Construction Accident Lawyer
When a construction worker or bystander has been injured in a construction accident, chances are you have suffered damages as a result. It may be in your best interest to seek compensation in the form of an accident claim. It will be necessary to prove the following four key elements:
- Duty of Care
- Breach of Duty of Care
Your New York, NY construction accident lawyer at Okun, Oddo & Babat, P.C. can prove to be essential when it comes to developing a case that incorporates the elements needed for a negligence claim.
Suffering from an accident can leave a significant impact on your life. For many, they may never be fully whole again after an accident on a construction site. As a victim, you deserve the help of a construction accident lawyer from New York, NY to protect your rights and negotiate the compensation you may be entitled to.
Can a construction accident lawyer help me get the compensation I need for my injuries?
Construction workers have one of the most dangerous jobs in the U.S. today. An unfortunate number of them sustain life-threatening and fatal injuries every year in the workplace. Nearly every week in New York, NY a construction worker sustain an injury though many are fairly minor. However, in the cases where the worker is injured at a construction site and requires hospitalization, they may benefit from calling a construction accident lawyer at Okun, Oddo & Babat. We represent injured workers all across the city, whether they are unionized or work as employees for general contractors. Without a construction accident lawyer protecting their right to full compensation, they are often taken advantage of by their employer and their employer’s insurance company. Having workers compensation does not guarantee that the benefits will fully cover your damages, particularly if you sustained a permanent injury. Call us today to learn more about how we may be able to help you get the compensation you deserve.
Why is workers compensation not always enough?
Workers compensation is a no-fault type of insurance coverage for workplace employees. Because it is no-fault, if you are injured on the job you are eligible for benefits whether the accident was your fault, or someone else’s. However, in exchange for automatic coverage for a workplace injury, you cannot sue your employer to gain additional compensation. Also, there is a “cap” on the amount of benefits you can receive through workers compensation. This is fine in cases whereby the worker sustains a relatively minor injury. But in cases where the injury is catastrophic, permanent, or fatal, the total amount of workers compensation that can be received is likely to fall far short of the damages suffered. Another consideration is that if they injured worker was hurt by a third-party contractor, their employer or the workers compensation insurance carrier is likely to reject their claim for benefits. Our construction accident lawyer represents workers in the New York, NY who fall between the cracks. If you suffered a serious injury, your claim was denied, or you were harmed by a third-party, contact us without delay.
What are my legal options if my spouse was killed in a construction accident?
If your spouse suffered a fatal injury in a workplace construction accident, it’s highly unlikely that any workers compensation benefits package offered to you will be sufficient. At face value, it may seem like the settlement offer they make is a lot of money, it usually is only a percentage of the survivor’s full damages. Consider the amount of money your spouse would have earned until the day they retired, but now you will not have that money to count on because they have untimely passed away. As well, they may have suffered physical and emotional pain before they succumbed to their injuries. You may have outstanding medical bills for the treatment your loved one received but which ultimately was not enough to make the difference. When you take these and other of your damages into account, you may realize that the settlement offer you received is simply not large enough. After consulting with our construction accident lawyer, you may decide to forgo the workers compensation benefits altogether in favor of a civil lawsuit for what is termed a “wrongful death.” In this way, you stand to collect far more than the limit imposed on compensation amounts from the workers compensation board.
Talk to our New York, NY construction accident lawyer to learn more about how we may be able to assist you and your family.
Get Help from a Construction Accident Lawyer in New York, NY
Remember, if you have been injured at a construction site due to someone else’s negligence, you should not have to suffer through the pain and pay for your medical bills on your own. Questions? Contact Okun, Oddo & Babat, P.C. for a free consultation at 212-642-0950. Hiring a law firm with extensive experience representing construction accident victims is essential. A proficient construction accident lawyer New York, NY, has available at Okun, Oddo & Babat, P.C., is here to help.
” Okun, Oddo & Babat, P.C. is the number one Law Firm in Manhattan as well as the World. I am a tremendously satisfied client and highly recommend the firm to all.”