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Brooklyn Construction Accident Attorney
Construction workers go to work every day and face some of the most dangerous situations. While property owners and general contractors have an obligation under the law to abide by safety rules, they do not always comply with those laws. When that is the case, accidents happen and construction workers suffer some of the most serious injuries. Although workers’ compensation is sometimes available, injured workers must also sometimes file a personal injury claim against the liable party. If you have been hurt, a Brooklyn construction accident attorney from Silberstein, Awad & Miklos can help you file your claim so you obtain the full settlement you deserve.
Why Work with an Attorney?
After being injured, you may want to file a claim on your own, but it is always advised that you speak to a Brooklyn construction accident attorney first. A lawyer can advise you of your right to obtain workers’ compensation and can help you through the process. While most construction workers in New York are entitled to workers’ comp, insurers too often reduce, deny, and delay these claims. A lawyer will not allow that to happen and will communicate with these parties on your behalf so you receive the full benefits you deserve.
If you have to file a personal injury claim to obtain compensation, a lawyer will use state law, industrial codes, and case law to prove liability and hold the negligent party accountable. An attorney can also accurately value your claim by coordinating with your physician, vocational rehabilitation specialists, and other experts to ensure you recover the maximum damages you deserve. Some of the most common types of compensation in construction accident claims include medical expenses, lost income, pain and suffering, and loss of enjoyment of life.
Types of Construction Accidents
When property owners and general contractors do not uphold safety protocols, construction workers can become seriously injured in an accident. Some of the most common accidents on construction sites include:
- Electrical accidents
- Scaffolding accidents
- Accidents on ladders
- Crane accidents
- Demolition accidents
- Trench accidents
These accidents result in serious injuries such as burns, broken bones, and sometimes even wrongful death.
What is the New York Scaffolding Law?
New York has a specific statute outlining the responsibility of property owners and general contractors when individuals on the site must work at a height. Known as “the scaffolding law,” this law states that property owners and general contractors must provide safety protection and equipment to all workers that work on scaffolding or at a height.
Falls from a height are some of the most common ways construction workers become injured. The law is intended to ensure construction sites are safe for workers and to prevent these accidents from occurring. When contractors and owners fail to comply with the law, injured workers can hold them strictly liable for paying damages for their injuries.
Investigating a Construction Accident Claim
All accident claims rely on investigations, but this is particularly true with construction accidents. It is not always clear why an accident occurred on a construction site, and the liable party is not always known right away. This is another reason why it is important to work with a knowledgeable Brooklyn construction accident lawyer.
A lawyer will know how to conduct an investigation and what evidence to collect to determine liability and prove your claim. During the investigation, a lawyer will perform many tasks including:
- Conduct searches for insurance, permits, violations, and property information
- Visit the construction site to take pictures and videos
- Reach out to their network of experts, including safety engineers and construction safety professionals
- Obtain a police incident report, if appropriate
- Collect all medical records, including the ambulance call report, hospital records, and records from your treating physician
- Collect employment records and union records
After the investigation, a lawyer will determine which party is liable and can help to accurately value your claim.
Workers’ Compensation Claims vs. Personal Injury Claims
In New York, most employers are required to carry workers’ compensation insurance in the event that a worker becomes injured on the job. Workers’ compensation benefits can help cover your medical costs and some of your lost income while you recover from your injuries. Workers’ compensation is a no-fault system, which means you do not need to determine who was liable for your accident. You can even still collect workers’ compensation benefits if you contributed to the accident.
While workers’ compensation should be available for injured construction workers, insurance companies do not always want to pay out on claims. Their priority is retaining more of their profits for themselves. Your employer may also dispute your claim in an effort to prevent their insurance premiums from increasing. When the insurance company denies your claim or does not offer a fair settlement, a lawyer will hold them accountable for paying the compensation you deserve.
Not all construction accidents result in a workers’ compensation claim. When a third party unrelated to the employer causes an accident, the injured worker can file a third-party personal injury claim. Unlike workers’ comp claims, a personal injury case does rely on negligence. You will have to prove someone else was at fault for your accident.
Personal injury claims are often more difficult and more complex to file than most workers’ compensation claims. However, it is important workers take this route when necessary. A successful personal injury claim can provide damages such as pain and suffering and emotional distress, which a workers’ compensation claim does not provide for.
Get Legal Help Today
If you or someone you love has been injured on a construction site, you need the help of an experienced Brooklyn construction accident attorney. At Silberstein, Awad & Miklos, P.C., our skilled attorneys can advise on the type of compensation you are eligible for, and assist you with the appropriate claims process to ensure you receive the settlement you deserve. Contact us today to schedule a free consultation.