Gorayeb's Construction Lawyers Help You Get Fair Compensation
When you have a construction accident in NYC, you can claim workers' compensation. If you have this benefit, it is impossible to sue the employer for injuries sustained in a workplace accident. This is because it is an insurance policy contracted by the employer's company, and this benefit is available even if the worker is injured due to their carelessness.
Some of the benefits that can be obtained with workers' compensation include:
- Hospital bills
- Ambulance and surgeries
- Medical devices
- Medications
- Home care
- Disability costs
- Lost wages
The weekly payments represent a percentage of the worker's weekly earnings and are based on the severity of their disability. A temporary total disability or a state of permanent partial disability can affect the total amount received.
It is important to know that workers' compensation provides a limited amount of money for medical bills, loss of income, and disability. This amount may be insufficient to cover the pain and physical and emotional suffering associated with an injury resulting from a construction accident.
Furthermore, workers' compensation only covers treatments necessary to address the specific work-related injury. Therefore, employees may seek additional benefits through third-party liability through a construction injury lawyer in New York.
Third-Party Liability
Third-party liability means that a third party, such as a property owner or product manufacturer, could be held responsible for negligence in an accident that causes an injury to a construction worker.
In many circumstances, it is possible to sue a third party for injuries resulting from a construction accident. Owners, architects, contractors, and equipment manufacturers can be considered liable for these incidents if they do not provide workers with the necessary safety measures for their work.
New York has enacted specific laws to impose liability on parties responsible for safety at construction sites. Therefore, general contractors and subcontractors are considered responsible for providing adequate protection and safety measures to maintain a safe workspace. If they fail to do so, and a worker is injured as a result, the worker can then file a lawsuit for their injuries.
Contractors and subcontractors have an obligation to:
- Warn about potential hazards on the site
- Hire trained employees to perform their tasks
- Coordinate safety measures at work
- Ensure that safety specifications are followed
Manufacturers of construction equipment are responsible for designing and maintaining safe products. If they fail to do so, the likelihood of injuries or death increases significantly. This can make them liable for an accident.
Importance of Establishing Accident Liability
Proving the cause of your accident can affect the types of compensation available in a potential construction site accident lawsuit.
Negligence in an accident must be proven to compensate you for your injuries. Therefore, you must provide evidence that the person you believe was responsible for your injuries had a duty to prevent you from suffering harm.
To learn more about the liability in your accident, consider asking yourself these questions:
- How did the accident happen?
- Were there other people involved in the accident?
- What could have caused the accident?
- Were you operating equipment? Did you know how to operate it?
- Did you receive training to operate the equipment?
- Were you wearing safety gear?
- Were there safety signs?
- Was the equipment properly maintained?
These are some of the questions that you can ask to investigate how the accident occurred. The answers will guide you in determining who was negligent.
Construction Accidents We Handle in New York City
Some of the reasons construction accidents occur include:
- Lack of proper protective equipment
- Poor scaffolding installation
- Inadequate maintenance of equipment, machinery, and tools
- Equipment and machinery defects
- Lack of proper supervision
- Failure to communicate potential hazards
- Inadequate training to operate heavy machinery and complex equipment
Accidents on construction sites can be caused by:
- Falling objects
- Crane accidents
- Scaffolding accidents
- Slips and falls
- Electrocution and electrical shock
- Accidents with power tools
- Accidents on ladders
- Truck accidents
- Tractor accidents
- Excavator accidents
- Forklift accidents
- Backhoe accidents
- Heavy equipment accidents
- Boiler accidents
- Exposure to toxic chemicals
Some of the types of injuries that can occur due to a construction accident include:
- Fractures
- Amputations
- Burns
- Inhalation of chemicals
- Lacerations
- Loss of vision or hearing
- Traumatic brain injuries
- Spinal cord injuries
- Paralysis
Laws Protecting Construction Workers in New York
Construction accident attorneys in the Big Apple follow the labor laws and industrial code regulations that help protect workers and reduce accidents.
Among the regulations, owners, developers, and general contractors must adhere to the Industrial Code, a set of safety rules designed to keep construction workers safe and healthy.
Both New York labor laws and OSHA safety standards are designed to ensure the safety of construction workers in their place of employment. Contractors and subcontractors must adhere to these regulations.
What Happens If a Construction Worker Dies on the Job Site?
If a loved one dies due to a construction accident in New York, you may be able to claim compensation. Depending on your relationship with the deceased, you may be able to file a wrongful death lawsuit.
The benefits you can obtain through workers' compensation may include:
- Cash benefits
- Payment of funeral expenses
To determine if you can claim other types of benefits, it is essential to consult with a construction accident lawyer to analyze the specific circumstances.
Why is It Important to Hire a Construction Accident Lawyer?
When a construction worker experiences an accident at their workplace, they have a deadline of 3 years to file a compensation claim. If they fail to do so within that time frame, they may lose the opportunity to obtain compensation.
Ideally, hiring an experienced construction accident lawyer immediately, such as those at Gorayeb & Associates, who will fight for your compensation is advisable. You should never sign a settlement offer without consulting a lawyer.
A construction accident lawyer will help you:
- Investigate your construction accident
- Look for signs of employer or third-party negligence
- Gather evidence and hire NYC construction accident legal experts
- Answer your questions
- Obtain the best medical care to recover your health
- Negotiate with the insurance company for your compensation
- Calculate the amount of compensation
- File the necessary documentation
If you or someone you know has been injured in a construction accident and needs legal advice, please call our New York construction accident attorneys at Gorayeb & Associates at 332-262-7938 for a free consultation.
Frequently Asked Questions (FAQ)
If you have been injured at a construction site in New York City. In that case, you may be entitled to monetary compensation for your medical expenses and other losses related to your injuries. In fact, as a construction worker, there may be several parties responsible for your injuries.
You should follow the steps mentioned to protect your rights and preserve your chances of obtaining the maximum monetary compensation possible.
If you or someone you know has been injured in a construction accident, call our NYC construction accident law firm, Gorayeb & Associates, at 332-262-7196 for a free consultation.
- Step 1: Seek Medical Attention for Your Injuries
First and foremost, you should seek immediate and professional medical attention to address your injuries. There is nothing that can replace immediate medical care. Additionally, waiting too long to seek treatment can diminish your chances of receiving fair compensation.
Remember that to benefit from workers' compensation insurance, you must visit a doctor approved by the New York State Workers' Compensation Board. You can ask the doctor's office or hospital if they accept workers' comp insurance to determine if the doctor is approved. You can also contact Gorayeb & Associates, and a member of our team will refer you to a doctor approved by the Board.
- Step 2: Follow Your Doctor's Advice
As important as visiting a doctor is following their advice. While you might be tempted to return to work before fully recovering from your injuries, doing so can jeopardize your health and workers' compensation claim. You should use an orthopedic device if the doctor advises you to use it. If the doctor advised rest, you should rest.
- Step 3: Report the Accident to Your Employer
In New York, you have 30 days to report a workplace accident to your employer. Waiting too long may result in losing the right to claim workers' compensation benefits. Your employer should have a standard report form available. We can assist you in filling out the form to ensure it is submitted on time.
- Step 4: Take Photographs and Make Notes
After a construction site accident, try to take as many photographs as possible. Capture images of the construction site, your injuries, and any clothing or personal items that have been damaged. It can also be helpful to make notes about everything you remember about the accident to prevent other people's versions of what happened from influencing your recollection.
- Step 5: Don't Let Your Employer Take Advantage of You
Some employers may try to exploit their employees. Unfortunately, these abuses occur frequently, especially for Hispanic or Latino workers whose native language is not English. Do not allow your employer to dictate which doctor you should see. Additionally, avoid giving any written or recorded statements that could be used against you.
- Step 6: Hire an Experienced Lawyer to Represent You
Lastly, to ensure that you protect your rights, the best and easiest thing you can do is hire an experienced lawyer as soon as possible. Your lawyer can help you take the necessary steps to secure fair compensation. This includes filing a New York workers' compensation insurance claim and possibly pursuing personal injury lawsuits against contractors and third parties. At Gorayeb & Associates, we have obtained millions of dollars in compensation for injured construction workers in New York City.
*Specific details about case results and settlements are not indicators of future case results and settlements and should not be considered guarantees or predictions of outcomes for our law firm's representation.
If you or someone you know has been injured in a construction accident, please call our New York building site injury attorneys from Gorayeb & Associates at 332-262-7196 for a free consultation.
There are specific laws in place to protect construction workers. The law states that when construction occurs in nearly any building in New York, the building owner and the general contractor, if there is one, are responsible for enforcing these laws and ensuring the safety of the workers. For example, the law mandates that the building owner and general contractor are responsible for providing safety equipment to prevent a worker from falling off a ladder, scaffold, roof, or any elevated surface. If a worker falls, the law assumes it has been violated, and the building owner and general contractor are held responsible for the worker's accident.
If you or someone you know has been injured in a construction accident, please call Gorayeb & Associates at 332-262-7196 for a free consultation.
New York has a workers' compensation system designed to assist workers in cases of work-related illnesses or accidents.
When an employer has workers' compensation insurance, you cannot sue them. If they do not have this insurance, you may file a lawsuit for damages.
If you or someone you know has been injured in a construction accident, please call our construction site injury lawyers in New York at Gorayeb & Associates at 332-262-7196 for a free consultation.
The workers' compensation benefits in New York are indeed limited. They cover medical expenses and roughly two-thirds of your average weekly wage before the accident. The reason for these limitations is because they are subject to restrictions. For example, you may have to see a doctor the employer selects. Additionally, the amount of wage replacement benefits you can receive is capped at a weekly maximum.
When you hire an experienced construction accident lawyer, they can conduct a comprehensive analysis of the workers' compensation benefits that you can claim.
If you or someone you know has been injured in a construction accident, please call Gorayeb & Associates at 332-262-7196 for a free consultation.
It is possible because, while it's true that you cannot sue the employer when they have workers' compensation insurance, the accident that caused the worker's injury could have been caused by a third party.
This means that when someone else (other than the employer) is responsible for a worker's accident, they could be sued. So, whether or not a lawsuit can be filed depends on who and what caused the accident. Potential parties responsible could include:
- Property owners
- Contractors and subcontractors
- Construction professionals (engineers or architects)
- Manufacturers or designers of defective equipment or tools
- Third-party suppliers
- Utility companies
- Government agencies
If the construction accident attorney can prove the third party's liability, a compensation lawsuit can be filed.
If you or someone you know has been injured in a construction accident, please call Gorayeb & Associates at 332-262-7196 for a free consultation.
Not at all. You don't need to worry about hiring the services of Gorayeb & Associates because we work on a contingency fee basis. We only charge if we win a settlement or verdict for you. When we win your case, we collect a previously agreed-upon percentage of your compensation. Additionally, our initial consultation to assess your case is free of charge.
If you or someone you know has been injured in a construction accident, please call Gorayeb & Associates at 332-262-7196 for a free consultation.
If your employer violated New York law and does not have workers' compensation insurance coverage, you still have the right to compensation.
You have these three options:
- Sue your employer for the injuries.
- File a claim with the New York Uninsured Employers' Fund (UEF).
- File a claim with the project owner's or general contractor's workers' compensation policy.
It is important to consult with a lawyer to learn more about the options available to you for compensation for injuries suffered in a construction accident.
If you or someone you know has been injured in a construction accident, please call Gorayeb & Associates at 332-262-7196 for a free consultation.
The statute of limitations is a law that prevents someone from filing a lawsuit after a certain period has passed. This means that to file a lawsuit or claim for an accident, you must do so before a certain amount of time has elapsed.
If you or someone you know has been injured in a construction accident, please call Gorayeb & Associates at 332-262-7196 for a free consultation.
In New York, personal injury cases are subject to a three-year statute of limitations. This includes negligence claims related to construction site accidents. There is a two-year deadline to file a lawsuit in cases of wrongful death due to a work-related accident.
If you or someone you know has been injured in a construction accident, please call Gorayeb & Associates at 332-262-7196 for a free consultation.
The benefits of workers' compensation that you can obtain include:
- Present and future medical care
- Temporary disability benefits based on your Average Weekly Wage (AWW) and the disability rating given
- Disfigurement to the face, neck, or head
- Vocational rehabilitation
- Funeral expenses
If the claim is made against a third party, you can potentially obtain:
- Your full lost wages beyond the workers' compensation limits
- Medical expenses not covered by workers' compensation
- Pain, suffering, mental and emotional distress, disfigurement and scarring, loss of quality of life, and more.
An experienced construction accident attorney can accurately calculate the compensation.
If you or someone you know has been injured in a construction accident, please call Gorayeb & Associates at 332-262-7196 for a free consultation.
Our construction lawyers are experts in handling these types of cases:
- Ladder Accidents
- Scaffolding Accidents
- Roofing Accidents
- Roof Collapse Accidents
- Building Demolition Accidents
- Accidents of Falling Cargo, Materials, or Objects
- Slip and Fall Accidents
- Power Saw Accidents
- Construction Eye Accidents
- Machinery Accidents
- Window Cleaning Accidents
- Construction Elevator Accidents
- Crane Accidents
If you or someone you know has been injured in a construction accident, please call Gorayeb & Associates at 332-262-7196 for a free consultation.
Yes, this is because a photo or a statement that may have been made in a positive sense can be taken out of context and have a negative impact on the case. That's why it's important not to comment on or make social media posts about the case.
If you or someone you know has been injured in a construction accident, please call Gorayeb & Associates at 332-262-7196 for a free consultation.
To win a case, an accident attorney must analyze what happened to the worker and gather evidence to support their arguments.
Key pieces of evidence include:
- Official reports or records
- Medical records of the injured worker
- Statements from witnesses
- Photographs of the accident scene
- Copies of employment contracts
- Information about contractors
- Insurance policies
If you or someone you know has been injured in a construction accident, please call Gorayeb & Associates at 332-262-7196 for a free consultation.
In the bustling construction industry of New York, where safety is paramount, construction accidents can occur due to various factors, including:
- Lack of protective equipment for workers
- Lack of safety measures when working near power lines
- Lack of fall prevention measures for workers on elevated structures
- Inadequate protections for power tools and other equipment
- Tripping hazards due to cluttered materials and debris
- Unsafe or defective equipment
- Unsafe conditions on the property
If you or someone you know has been injured in a construction accident, seeking legal guidance from experienced New York construction accident lawyers is crucial. Please call Gorayeb & Associates at 332-262-7196 for a free consultation to protect your rights and explore your legal options.
