New York Construction Accident Attorney
Have you been seriously injured in a construction accident? You may be feeling a lot of things; pain, worry, and perhaps grateful to be alive. These construction accidents can be life-threatening and harrowing for victims. New York construction accident attorney Brian Elbaum is here to help you through this tough situation. Call our office today for a free consultation to discuss your legal options and see how Brian Elbaum can get you the compensation that you deserve.
Common Injuries and Accidents
The Department of Buildings in NYC released a map of live major construction in the city and shows dots covering the map. As of November of 2018, there are about 7,500 active permits. Meaning the number of construction workers in Manhattan is very high. Due to this, there are a significant amount of injuries that result from construction accidents. According to the City of New York, there were 593 construction accident-related injuries in January of 2018 alone.
The types of accidents that can cause injuries include:
- Falling from heights
- Equipment malfunction
- Structure collapse
- Objects dropping unexpectedly
- Improper safety training
- Ignored safety precautions
- Careless behavior
Investigative reporter Jim Hoffer of 7 On Your Side discovered in the summer of 2018, just how easy it is to cheat on the examinations that qualify you for an OSHA certification. There are specialized safety training courses that are required to be OSHA certified, but Hoffer found out that that can easily be bypassed. He had someone certify him on his behalf when he has never taken any specialized safety training. No one is monitoring these websites where you can take the test for certification. This is a huge issue in New York City. Construction sites are everywhere and side-stepping these vital requirements for workers is both a threat to them, and to passersby on the street. This can also result in the deaths of workers who otherwise might never have been put in a dangerous situation if everyone on a construction site was properly trained.
The types of injuries that construction workers often suffer include:
- Cuts and bruises
- Concussions and traumatic head injuries
- Injuries from being crushed
- Falling injuries
- Electrical or chemical injuries
The injuries from a construction accident claim are not limited to that list. If you have been seriously injured in any way due to an accident on your site, you may be entitled to compensation and you should contact an experienced New York construction accident attorney right away.
Making Sure You Get Compensated
After you have been seriously injured in a New York construction accident, you may be wondering how you are going to pay all of your quickly piling up medical bills. In an accident like this, your main form of relief is most likely going to come from workers’ compensation, but in some cases, you can bring a claim against a negligent party. There are certain steps that you need to follow in order to get compensation.
Recording Your Injury
You are going to have to inform your employer or a coworker about your injuries. This can be an intimidating thing to do and you may even fear for your job, but it is a necessity. At your workplace, the name of your workers’ compensation insurer should be posted where you can find it. If it’s not, your employer can get in legal trouble. You have a right to workers’ compensation and your employer is not allowed to discourage you from seeking it. You don’t want to put yourself in a tough spot if you did not inform your employer about your accident. It’s hard to prove your injury was work related if work doesn’t know about it. You cannot be fired for filing a claim. You also cannot be fired for bringing a lawsuit.
Your employer has a duty to keep you safe on the job and if you can prove negligence, you may be about to sue in those situations. Generally, in a construction accident, you cannot sue your employer, but in certain instances, you may be able to bring a claim. Getting an attorney involved early on will be the key to determining if there was negligence, who is liable, and if there was a third-party subcontractor involved who may be responsible for your damages. If it is a case where no one is liable, don’t be discouraged. You may still be able to file for a workers’ compensation claim and have your damages covered in that regard. However, as mentioned previously, OSHA certifications are easy to fake and there may be negligence involved if workers on your site are not properly certified. This is also where having a New York construction accident attorney involved early on is extremely valuable. They will be able to uncover these things and build a strong case for you.
Hiring a New York Construction Accident Attorney
If you want your lawsuit to be a successful one, the best tool you can have is an experienced construction accident attorney. You are probably in a lot of pain and whether or not you can return to work may be up in the air. The workers’ compensation insurers have the right to have their doctor examine you to see if you really need compensation, and having an attorney will make this process a lot less stressful.
Having to prove that you were hurt is a taxing demand and while you are injured, it may seem out of your range of abilities. Your attorney’s job is to take care of all of this for you. They will go out and document the construction site and get witness accounts of the event. You can focus on your recovery while your attorney does all the heavy lifting.
You want an attorney right away so that they can preserve evidence. The construction is not going to be put on hold just because you got hurt, so having an official pair of eyes go out and document everything can mean all the difference in your lawsuit.
If you want a dedicated and experienced New York construction accident attorney, please call our office today to get a free consultation with Brain Elbaum. You will be in competent hands.