Bronx Construction Accident Lawyer

New York City is known for its incredible ckyline. That incredible skyline didn’t happen overnight. It happened one brick at a time as a thousands of workers each played their parts in erecting building after building and also in maintaining those buildings even as new ones go up.

When you work in construction, job-related injuries can often lead to expensive medical bills, lost wages and, in some cases, permanent disability.

Those who can return to work might fear losing their jobs, should they seek compensation. Although certain laws ensure workplace safety, work-related injuries are not uncommon, particularly in the construction industry. If you or a loved one has been injured as the result of someone else’s negligence, please contact Silberstein & Miklos. We provide personal injury representation in all types of cases including construction injuries, as well as car accidents, medical malpractice, and more.

Types of Construction Accident Cases We Handle

Navigating the complexities of construction accident cases requires an understanding of the various scenarios that can occur. Here are some of the specific types of construction accident cases we handle:

• Ladder & Scaffolding Accidents: These common incidents can lead to significant injuries due to falls from heights.

• Bridge Painting Accidents: Often involving hazardous materials and high-risk environments.

• Debris Falling on Work Sites: Injuries resulting from unsecured materials can be severe.

• Bronx Excavation Accidents: These can include cave-ins or equipment malfunctions.

• Falls on Construction Sites: A frequent cause of injury that can happen even with safety measures in place.

• Roofing Accidents: Working at heights carries inherent risks, often compounded by weather conditions.

• Unsafe Construction Work Equipment: Faulty or improperly maintained equipment can cause serious harm.

• Welding Accidents: Exposure to high heat and light can lead to injuries if proper safety gear is not used.

• Crane Accidents: These involve complex machinery that can result in catastrophic damage if not operated correctly.

• Building Collapse: A rare but devastating event that requires meticulous investigation.

• Plumber Accidents: Often involve confined spaces and risk of exposure to hazardous substances.

• Bridge Construction Accidents: These projects involve multiple risks, from heights to heavy equipment.

• Ironworker Accidents: Working with steel beams at significant heights presents unique dangers.

By understanding the varied nature of these incidents, we are better equipped to advocate for your rights and secure the compensation you deserve.

 If you have questions about your rights to compensation for injuries sustained due to another person’s carelessness, call us at (718) 204-8000 today!

When you choose Silberstein & Miklos, our dedicated legal team will:

• Conduct a Thorough Investigation: We delve into every detail of your accident to build the strongest possible case.

• Handle Insurance Communications: Let us manage all interactions and questions from insurance companies, so you can focus on recovery.

• Assist with Financial Recovery: We work to secure lost wages and medical expenses through appropriate channels, including Workers’ Compensation.

• Identify All Liable Parties: Our team ensures that all responsible entities are held accountable and all potential sources of compensation are explored.

• Protect Your Rights: We safeguard your legal rights throughout the entire process, ensuring that you’re treated fairly.

• Maximize Your Compensation: Our attorneys prepare your case meticulously to achieve maximum value, whether through settlement or trial.

• Represent You in Legal Proceedings: From negotiations to courtroom battles, we stand by your side, advocating for your best interests.

• Keep You Informed: Transparency is key; we keep you updated and informed at every stage of your case.

• Resolve Your Case Effectively: Whether through a jury trial or a negotiated settlement, our goal is to resolve your case in the most favorable manner.

Reach out to us today to begin the path to recovery and justice.

When you choose us, our legal team is committed to supporting you every step of the way:

• Conducting Thorough Investigations: We’ll dive deep into the details of your accident to uncover key information and evidence.
• Handling Insurance Matters: We represent your interests, managing communications and questions from insurance companies on your behalf.
• Securing Compensation: We assist with obtaining lost wages and ensuring medical expenses are covered through Workers’ Compensation.
• Identifying Liable Parties: Our team identifies all responsible parties and potential sources of compensation to maximize your recovery.
• Protecting Your Legal Rights: We ensure that your rights are upheld throughout the legal process.
• Preparing for Optimal Outcomes: We prepare your case meticulously to achieve the maximum value through either a suit or a settlement.
• Ensuring Transparent Communication: You’ll be kept informed every step of the way, providing peace of mind during a challenging time.
• Resolving Your Case: Whether through a jury trial or settlement, we aim to resolve your case effectively and efficiently.

If you have been injured in a work-related incident, you have two possible avenues of payment: receiving workers’ compensation and/or winning a personal injury lawsuit. In all cases, you should pursue workers’ compensation. In most cases, you should pursue both. Contact us today for a free consultation with an experienced NYC construction accident lawyer.

How to Prove Negligence After a Construction Accident

Navigating the aftermath of a construction accident can be daunting, especially when it involves legal matters like proving negligence. Understanding this concept is crucial if you’re considering a legal claim for damages.

Establishing Negligence: The Basics

To successfully prove negligence, several key elements must be demonstrated:

1. Legal Duty of Care: Show that the person or organization owed you a duty of care. This means they were responsible for ensuring your safety in some capacity.

2. Breach of Duty: Identify how this duty was violated. A breach occurs when the responsible party fails to act as a reasonable person would under similar circumstances.

3. Causation: Establish a direct link between the breach of duty and the accident that occurred. This requires evidence that the breach directly led to your injuries.

4. Damages: Demonstrate that you suffered actual losses—whether physical, financial, or emotional—because of the accident.

Special Considerations in Construction Cases

In the realm of construction, proving negligence isn’t always necessary. Certain jurisdictions have specific laws that simplify this process. For instance, New York’s Labor Law offers robust protections to construction workers. It can impose absolute liability on site owners and employers for specific types of injuries, regardless of fault.

This can be advantageous, as it shifts the focus from proving negligence to establishing who is responsible under the law.

Steps to Take After an Accident

• Document Everything: Gather as much information as possible at the site of the accident. Take photographs, collect witness statements, and keep detailed records of your injuries and medical treatment.

• Consult an Attorney: A legal expert can offer invaluable guidance tailored to your situation and will help navigate the complexities of construction law. They can assist you in understanding your rights and the best course of action.

• Act Promptly: Legal claims must be made within specific timeframes, known as statutes of limitations. It’s essential to act quickly to preserve your right to pursue compensation.

By following these guidelines, you can build a strong case whether through negligence or specific labor protections, ensuring that your rights are upheld and you secure the compensation you deserve.

Many different people can be at fault for a construction injury accident in the Bronx (or NYC in general)

Understanding Your Timeline for Filing a Construction Accident Lawsuit in New York

If you’ve been involved in a construction accident in New York, it’s crucial to be aware of the time limits for filing a lawsuit. This timeline, known as the statute of limitations, dictates how long you have to initiate legal proceedings.

Timeframe for Nongovernmental Claims

For most personal injury claims stemming from construction accidents, you have up to three years from the date of the accident to file your lawsuit. This is applicable when your claim is against private individuals or companies, not involving government entities.

Rules for Wrongful Death Claims

In unfortunate cases where the accident results in death, the family has a slightly different timeline. The statute of limitations for wrongful death claims is typically two years from the date of death, not the accident itself.

Special Considerations for Claims Involving Government Entities

If your construction accident claim involves a government entity, different rules apply. Generally, you must file a notice of claim within 90 days from the date of the incident. Following this, if the issue isn’t resolved, you have a year and 90 days to proceed with a lawsuit.

The Importance of Timeliness

Failing to file within these deadlines often results in losing the right to seek compensation. Thus, it’s advisable to consult with a legal professional as soon as possible to ensure your claim is timely and properly filed.

Being proactive about these legal timelines can make a significant difference in the outcome of your case. Take action promptly to protect your rights.

What Determines the Value of a Construction Accident Case?

When assessing the value of a construction accident case, several key factors come into play. These elements can significantly influence the compensation you might receive:

1. Injury Severity
   The extent and seriousness of your injuries are crucial. More severe injuries often lead to higher compensation due to increased medical costs and longer recovery times.

2. Duration of Disability
   The length of time you are unable to work can impact the settlement. Temporary or permanent disabilities can lead to different compensation outcomes.

3. Lost Wages
   The time you’ve been out of work is a critical component. Your earnings history, age, and any benefits you’re entitled to, such as union benefits, will also be considered in evaluating your lost income.

4. Circumstances of the Accident
   How the accident occurred can affect the outcome. Accidents resulting from negligence or safety violations might lead to higher compensation compared to those where fault is less clear.

5. Documentation and Evidence
   Strong documentation, including medical reports and eyewitness accounts, can bolster your case. The more evidence you provide, the stronger your position for fair compensation.

Understanding Injuries from Construction Accidents

Construction sites are bustling hubs of activity, often presenting a range of hazards that can lead to serious injuries. Recognizing the potential types of injuries is crucial for both prevention and seeking appropriate help afterward.

• Fractures and Broken Bones: Common due to falls or heavy equipment mishaps.
• Severe Burns: Often resulting from fires, explosions, or contact with chemicals.
• Crushing Injuries: Can occur during structural collapses or when machinery is misused.
• Eye Injuries: Dust, debris, or chemical splashes can cause temporary or permanent damage.
• Brain and Spinal Cord Injuries: Falls or being struck by objects can lead to life-altering outcomes.
• Head, Neck, and Back Traumas: Resulting from slips, trips, and heavy lifting incidents.
• Organ Damage and Nerve Injuries: Can result from blunt force or penetrating trauma.
• Traumatic Amputations: Machinery accidents can lead to the loss of limbs.
• Paralysis: Severe spinal injuries can lead to partial or full paralysis.
• Catastrophic Injuries: These are severe injuries that profoundly affect the victim’s life.

Understanding these injuries is not just about recognizing physical damage. It’s about acknowledging their impact on your life and taking the necessary legal and medical steps to address them.

Understanding the Types of Damages Available to Construction Accident Victims

Construction accidents can lead to overwhelming consequences, but understanding the types of damages available can help victims navigate their path to recovery.

Workers’ Compensation Benefits

In many regions, construction accident victims are entitled to workers’ compensation benefits, which typically include:

• Medical Expenses: Coverage for all necessary medical treatments and procedures related to the injury.
• Temporary Disability Benefits: Compensation for lost wages during recovery when you’re unable to work.
• Permanent Disability Benefits: Support for victims who sustain life-altering injuries preventing future employment.
• Death Benefits: Financial assistance for families who have lost a loved one in a construction accident.

While these benefits are often automatically available, the process of securing full compensation can be complicated and may require legal assistance.

Pursuing a Third-Party Personal Injury Claim

If your accident was caused by a party other than your employer or a co-worker, you might be eligible to file a third-party personal injury claim. This can include seeking:

• Economic Damages:
  • Uncovered medical expenses
  • Property damage
  • Loss of current and future salary and benefits
• Non-Economic Damages:
  • Pain and suffering
  • Emotional distress, such as anxiety, depression, or PTSD
  • Loss of consortium, or companionship
  • Reduced quality of life due to disfigurement or scarring

Pursuing a third-party claim can offer a broader range of compensation, especially in cases where the workers’ compensation falls short.

Understanding your rights and the types of available damages is crucial in recovering from a construction accident. Whether through workers’ compensation or a third-party claim, ensure you seek comprehensive coverage for your losses.

What Are the Most Common Causes of Construction Accidents in the Bronx?

Construction accidents in the Bronx, unfortunately, occur with alarming regularity, despite stringent regulations. These mishaps often arise from a combination of preventable factors and negligence.

Main Causes of Accidents:

1. Inadequate Safety Equipment: Workers often face risks when essential safety gear, such as helmets and harnesses, is not provided or is insufficient.

2. Faulty Equipment: Malfunctioning tools and machinery can lead to severe injuries, highlighting the need for regular maintenance and checks.

3. Hazardous Work Environments: Sites that are not properly secured or organized can pose significant dangers, from unstable scaffolding to debris hazards.

4. Poor Communication: Misunderstandings or lack of clear communication among crew members can result in serious accidents.

5. Inadequate Fall Protection: Falls remain a leading cause of injuries, underscoring the importance of robust safety measures for heights.

6. Lapses in Training and Supervision: Without proper training and oversight, workers may not adhere to safety protocols, increasing accident risks.

7. Improper Platform Installation: Ensuring platforms are correctly assembled and anchored is critical, as violations can lead to catastrophic failures.

8. Legal and Regulatory Violations: Non-compliance with local and federal regulations can escalate the likelihood of workplace incidents.

Even in a city like New York, renowned for its strict enforcement of safety standards, these accidents happen too frequently. Often, they stem from a culture of cutting corners to reduce costs, disregarding the paramount importance of worker safety. By prioritizing compliance and safety, construction sites can significantly reduce these hazards and protect their workforce.

Absolutely, you can still recover damages even if blame is being pointed your way. In many jurisdictions, laws are designed to protect construction workers, allowing them to seek compensation despite their involvement in the incident.

Understanding New York Labor Laws

In New York, labor laws are particularly favorable to injured workers. These laws often hold property owners and contractors fully accountable for accidents, irrespective of any potential fault on the worker’s part. This means that under certain conditions, those in charge can be 100% liable.

Seek Legal Expertise

Navigating these legal waters can be complex. Engaging a qualified personal injury attorney is crucial. They can help you maximize your recovery by examining every detail of your case and leveraging the protective labor laws to your advantage.

By understanding these nuances and having professional guidance, injured workers can pursue the compensation they rightly deserve.

Understanding Third-Party Claims in Construction Accidents

In the construction industry, accidents on the job are unfortunately common, and while Workers’ Compensation benefits are available to cover medical expenses and lost wages, they often aren’t comprehensive. Enter the third-party claim, a crucial tool for injured workers seeking additional compensation.

What Sets a Third-Party Claim Apart?

A third-party claim is aimed at recovering damages from parties other than your employer. This claim can address pain and suffering, loss of future earnings, and other damages not covered by your standard Workers’ Compensation benefits. Essentially, it’s about holding other responsible parties accountable when they contribute to unsafe conditions.

Who Could Be Held Liable?

Various entities might bear responsibility in a construction accident. Possibilities include:

• Building Owners: Those who own the premises where the accident occurred.
• General Contractors: Companies overseeing the site operations.
• Construction Managers: Individuals or firms tasked with organizing and managing project details.
• Equipment and Scaffold Providers: Companies that supply construction equipment and scaffolding.
• Subcontractors: Firms or individuals who perform specialized jobs and might have created hazardous conditions.

By pursuing a third-party claim, you aim to secure compensation from these entities, often through their insurance policies, ensuring a more comprehensive financial recovery.

How Common Are Construction Accidents in the Bronx?

In the bustling borough of the Bronx, construction sites buzz with activity, but they also come with significant risks. The construction industry is notably one of the most hazardous sectors in New York City. Unfortunately, this danger is reflected in the alarming number of accidents that occur.

Let’s look at some statistics. In recent years, construction accidents in the Bronx have consistently resulted in hundreds of injuries. For instance, in 2022 alone, the city reported over 500 construction-related injuries. These figures are not just numbers; they represent serious incidents where workers suffered harm on the job.

Key Figures:

• 2022: Over 500 recorded construction injuries.
• 2021: Similarly, the number hovered around 505 reported incidents.
• 2020: Construction accidents affected 502 workers.

These statistics highlight a persistent problem with safety on construction sites. They underscore the urgent need for improved safety measures and more diligent oversight by those in charge.

The frequent occurrence of these accidents highlights the ongoing challenge to protect workers and the necessity for stringent safety protocols. In many cases, these accidents result from lapses in safety precautions and inadequate regulation enforcement, posing both a physical and occupational hazard to laborers in the region.

Seeking Legal Advice

Consulting a legal professional is vital in navigating the complexities of your case. An experienced attorney can provide personalized advice based on these factors and help you understand what compensation you might be entitled to.

Legal Duties of General Contractors and Construction Site Owners

Whoever is in charge of the construction site, whether it’s the general contractor or the site owner, they are tasked with overseeing all operations in the area. This includes ensuring the safety of the workers, the equipment and vehicles being operated.

Legal Duties of Construction Site Owners

Property owners who decide they want to change or build a structure in the city must ensure that the construction workers and all other employees will have a safe place to work. Under Section 200 of the New York Labor Law, property owners have a legal obligation to provide adequate and reasonable protection to any person they employ or who may lawfully frequent the site.

Legal Duties of General Contractors

Under this law, general contractors and property owners must take all necessary steps to ensure that their construction site is safe. When potential dangers are present on the site that could cause harm to workers, property owners and general contractors are responsible for correcting the situation. Property owners and general contractors also have a legal obligation to provide proper safety equipment so workers can carry out their duties.

Legal Duties of Subcontractors

On a construction site, there are many different moving parts. General contractors make bids on the project, and if their bid wins, they typically contract at least a portion of the work out to subcontractors. Subcontractors have the same legal duties as the general contractors who hire them.

Subcontractors must ensure that they provide a safe work environment and that they only use safe equipment to protect the workers and anyone else on the site. If you are injured due to the negligence of a subcontractor, you can hold them liable for paying the compensation you deserve.

Legal Duties of Engineers and Architects

Engineers and architects are responsible for designing buildings and other structures. It is crucial that architects and engineers adhere to strict professional standards when they are designing buildings. Engineers and architects must also ensure that the site of the buildings they design or change are also regularly inspected. Again, when engineers or architects fail in these duties, they can be held liable.

Legal Duties of Equipment Manufacturers

Machinery and equipment are very important aspects of construction sites. Unfortunately, not all of this equipment is safe. Manufacturers of construction equipment, like all manufacturers, are responsible for ensuring that their products are safe so no one is harmed. Unfortunately, not all manufacturers meet these legal obligations. When that is the case, anyone injured can hold them liable for the injuries and losses they sustained.

Everybody who holds responsibility in the construction workplace can be a cause of injury if they are negligent. And that’s where we come in.

Ask4SAM Knows The Bronx

Apart from knowing how the law works in the area a law firm practices in, it is also just as important to know the area itself. Our law firm has been in practice for over two decades in and around New York City’s boroughs. We know how to operate in the Bronx and how to best handle its citizens. The Bronx community is very close-knit and has a developed relationship with the institutions they work with. This includes the law firms who represent them and fight for them in their time of need.

SAM Bronx Office

2825 3rd Ave.
Suite 301
Bronx, NY 10455
(718) 204-8000

For more information, answers to your questions or directions to our office locations, you can access the SAM website contact page https://ask4sam.net/contact/. Or, if you want a direct, free consultation with a SAM Bronx construction accident attorney, you can contact the hotline at 1-877-ASK4SAM.

SAM Knows the Bronx

For a lawyer, ideally, any place where he or she practices law is an important part of the court process. Knowledge of place is not only about the legal sense of it, although this is a basic thing. The culture, mores and social opinions in a state influence the way laws are made.

We also know that if we don’t like or love the place we work in, morale is going to be an issue. In turn, this might affect our clients. We don’t want this. So it is part of the SAM auto accident attorney brief to be well versed in state law, state culture, and the society of the city they work in. We find it effective and good. 

The sights and sounds of the Bronx and the metropolis of New York are part of the inspiration. We appreciate these in a way that temporary visitors can only envy.  This borough is already world famous and we appreciate the fact. So, too, should clients — we help them find this perspective because of its rewards.

The social factor, when working for the legal one, can enhance the court process. This, ultimately, works for us, for helping us win cases for our clients.