Working in construction can be dangerous. Even when you follow all necessary safety precautions, there is a risk of severe bodily injury or death.
However, that doesn’t mean negligence is acceptable. When you are injured in a work-related accident, you may have the right to compensation for your damages. If someone else is at fault, multiple legal options may be available to you.
When you need an NYC construction accident attorney you can count on, look no further than our team at Isaacson, Schiowitz & Korson, LLP. When you need help figuring out how to access financial support, we are here for you.
An Introduction to Isaacson, Schiowitz & Korson, LLP
Isaacson, Schiowitz & Korson, LLP stands as a highly-reputed law firm centrally located in New York City, specializing in advocating for individuals impacted by construction accidents. Founded on a commitment to excellence and an unwavering pursuit of justice, our seasoned team of attorneys brings unparalleled expertise and dedication to each construction accident case they undertake.
We’re here to protect and represent the construction workers of NYC. With a proven history of success, Isaacson, Schiowitz & Korson, LLP has established a strong reputation for our resolute advocacy and client-centric approach. We understand the intricate nature of construction accident cases and the profound effects they can have on individuals and their families. Our firm’s primary objective is not only to secure fair compensation for our construction worker clients but also to extend compassionate support throughout the legal proceedings.
Construction accidents happen in the blink of an eye, and then a life (or lives!) is changed forever. This is why clients place their trust in Isaacson, Schiowitz & Korson, LLP, due to our comprehensive legal acumen, personalized care, and unwavering commitment to achieving favorable outcomes. Whether navigating complex insurance claims or presenting cases in court, our firm’s dedication to safeguarding the rights of those injured in construction accidents shines through in every case they handle.
Our commitment extends beyond the courtroom; we prioritize fostering robust client relationships, ensuring transparent communication, and providing guidance at every stage. Isaacson, Schiowitz & Korson, LLP stands as a beacon of support and legal prowess for individuals seeking justice and equitable compensation following a construction accident in New York City.
Contact our office for a 100% free consultation with a job site accident lawyer NYC and learn more about who is responsible for causing your injuries, how you can get the most out of construction accidents claims, and what to expect as you navigate the injured construction workers claims process.
Types of Construction Site Injury Cases In New York City
Nearly any type of accident or incident at a construction site could warrant a personal injury or worker’s compensation claim.
However, there are certain types of accidents and incidents that are more common at construction sites. Some examples of such construction site accidents could include:
- Scaffold accidents
- Construction truck accidents
- Crane accidents
- Bulldozer accidents
- Forklift accidents
- Trench and ground collapses
- Accidents involving heavy machinery
- Crushing accidents
- Fires and explosions
- Demolition accidents
- Falls from elevated heights
- Being struck by falling objects
- Slip and fall accidents
- Repetitive stress injuries
- Exposure to toxic substances or chemicals
- Occupational illnesses, such as mesothelioma or respiratory conditions
These are only a few examples of injuries and accidents that can occur at construction sites in NYC. If you are dealing with another type of construction injury or accident that was not included in the list above, don’t worry. We have the skills and experience to fight for the compensation you deserve, regardless of what accident caused your injuries.
Our NYC construction accident attorneys will carefully evaluate the details of your accident to determine whether you have the right to seek workers’ comp benefits or a lawsuit in personal injury court.
Damages Are Available After a New York Construction Accident
One of the benefits of working with an NYC personal injury law firm is the ability to maximize your financial compensation. When you suffer debilitating injuries in a construction accident, you have the right to compensation for your losses.
There are multiple ways you can go about obtaining the benefits and financial support you need. These options frequently include filing a lawsuit or seeking worker’s compensation benefits.
Filing a NYC Construction Accident Lawsuit
Filing a construction accident lawsuit in civil court is one of the common ways to recoup your damages. This is a viable option in personal injury cases where construction accident injuries are caused by the negligent or wrongful actions of someone else.
Depending on the type of construction accident you were involved in, you may have the right to take legal action against one or more of the following parties:
- Other construction workers and their liablities
- Your supervisor
- Contractors, subcontractors, and independent contractors
- Equipment manufacturers
- Protective safety gear manufacturers
- The construction site property owner
- The construction company
- Safety inspectors
- Other third parties
When you pursue your construction accident lawsuit, your attorney must prove the defendant’s negligence. To do this, we must demonstrate how the elements of negligence have been met. These elements include:
- Duty of care: This means the defendant had an obligation to your safety or well-being.
- Breach of duty: The defendant must have violated their duty of care in some way.
- Causation: The defendant’s actions in their breach of duty must be the direct cause of your injuries and damages.
- Damages: Although your construction injuries do not need to be life-threatening or permanent, they must have had a substantial impact on your life emotionally, psychologically, physically, or financially to move forward with your lawsuit.
In pursuing a construction accident claim, you have the right to be made whole. The compensation you are awarded should be enough to cover your expenses in full. Economic damages are easy to calculate because they are often fixed.
Your construction accident lawyer can review your medical bills, bank statements, repair quotes, receipts, and other financial documents to accurately calculate the value of your economic damages. Some examples of potentially recoverable economic damages include:
- Lost wages
- Loss of future potential earnings
- Loss of employee benefits, including paid time off, 401(k) or retirement savings contributions, and health insurance coverage
- Total coverage of your medical expenses, including ongoing medical treatment, reconstructive surgery, necessary therapies, ambulance bills, and future medical care
- Loss of household services, including household maintenance costs and childcare fees
- Damage to personal items
You are entitled to compensation for more than just economic losses. Non-economic damages may not have a set financial value, but their worth is often significant.
When your life has been turned upside down and you can no longer live normally, these non-economic damages should be taken into consideration accordingly. Some examples of non-economic damages construction accident victims in NYC can recover include:
- Mental anguish
- Loss of enjoyment of life
- Physical pain and suffering
- Emotional trauma and distress
- Reduced quality of life
- Loss of love, support, guidance, companionship, and advice
- Intense embarrassment caused by disfiguring skin scars
- Apprehension, anticipation, shock, fear, and indignity
- Damage to your personal and professional reputations
Punitive damages are also a possibility in your construction accident case. However, they are not considered a compensable loss. This means you have no right to punitive damages.
Your construction accident attorney can seek punitive damages as part of your lawsuit, but they will only be awarded if the liable party’s conduct is considered intentionally harmful, malicious, abhorrent, reprehensible, or grossly negligent.
For example, if the construction company you work for has had multiple complaints of failing to provide construction workers with necessary safety equipment or regularly failing to make necessary repairs to scaffolds, ladders, or heavy machinery, the court system may find it appropriate to impose punitive damages.
These are intended to punish the defendant for their conduct and send a message to the public that the NYC court system will not tolerate similar conduct.
Caps On Damages in NYC
Many construction accident victims have concerns that the amount of compensation they can recover will be limited by the court system.
However, there are no caps on the amount you can be awarded for economic damages and non-economic damages in New York. This means you can be awarded total compensation for your losses and start to pick up the pieces of your life.
Filing a Claim for Workers Compensation Benefits
Filing a personal injury lawsuit is only one of the ways you can access the financial support you are entitled to after a construction accident.
All employers throughout the state of New York are legally required to purchase worker’s compensation protection coverage. Under New York worker’s comp laws, even if an employer has just one employee, they are legally obligated to purchase workers comp protection through an insurance company.
You may have concerns that you did not qualify if you are a temporary, seasonal, or part-time employee. However, it is important to remember that it is not the number of hours you work each week that determines whether you qualify.
In fact, to be eligible for worker’s compensation benefits, your injuries must have only been caused by the circumstances of your work environment. The number of hours you work every week and how long you have been with the company are irrelevant to your worker’s compensation claim.
Types of Workers’ Comp Benefits
If your claim for worker’s compensation benefits is approved, you should begin receiving your benefits shortly thereafter.
Although workers’ comp will not ensure you receive compensation for every loss related to your accident, there are certain benefits that will help you stay afloat and provide for yourself and your family during this difficult time. Some examples of these benefits include:
Wage Replacement or Disability Benefits
Wage replacement benefits are also commonly known as disability benefits. You can generally expect to collect approximately 2/3 of your average weekly salary in the form of disability benefits. There are caps on the maximum amount allowable based on your income. Your construction accident lawyer can give you a better idea of what you can expect to receive for wage replacement benefits once your worker’s comp claim has been approved.
Complete Coverage of Your Medical Bills
Your employer’s worker’s compensation insurance provider will be expected to pay for every healthcare expense related to your injuries. If you need ongoing occupational or physical therapy, a prosthetic limb, or have a mountain of medical bills associated with your hospital stay, ambulance trip, and treatments, the insurance company will cover these costs in full.
It is important that you do not accept a lump sum settlement offer from the insurance company at this time. If you accept a settlement, you will be forfeiting your right to seek additional benefits if your condition worsens or you require additional medical treatment in the future. If you receive a lump sum settlement offer from the insurance company, be sure to discuss it with your lawyer before you accept.
Death Benefits for Your Surviving Family Members
If you suffer fatal injuries, your surviving family members may be entitled to death benefits. The insurance company will cover your funeral and burial costs, as well as your medical expenses. Additionally, the wage replacement benefits you would have collected if you survived would go to your surviving family members and dependents.
Vocational Rehabilitation Benefits
Vocational rehabilitation benefits are intended to cover the cost of further job training and educational expenses if your injuries prevent you from returning to work in the construction industry. If you need to go back to school or cover other expenses related to re-entering the workforce, the insurance company will be expected to cover these costs.
New York City Construction Accident Injuries
Many construction accident victims have concerns about the severity of their injuries. No one ever wants to be accused of filing a frivolous personal injury claim or seeking worker’s compensation benefits without due cause.
However, it is important to keep in mind that it is never the type of injury you are diagnosed with that determines whether you have the legal rights to compensation. Instead, it is always the extent of the injuries and their impact on your life that matters.
There are some types of injuries seen more often in construction accident cases than other types of injury claims. Some examples of construction accident injuries our clients have dealt with include:
- Spinal cord injuries
- Back injuries
- Hip injuries
- Neck injuries
- Wrist injuries
- Shoulder injuries
- Deep lacerations
- Septic shock
- Post-traumatic stress disorder (PTSD)
- Herniated discs
- Traumatic brain injuries
- Facial trauma
- Dental injuries
- Soft tissue injuries
- Repetitive stress injuries
- Occupational illnesses
- Respiratory conditions
- Certain types of cancers
- Carpal tunnel syndrome
- Broken and fractured bones
- Internal bleeding
- Leg and ankle injuries
- Knee injuries
If you are struggling to cope with another type of injury that was not included above, do not feel discouraged. These are just a few examples of construction accident injuries you may be able to sue for.
When you are dealing with other injuries, our team can evaluate the details of your case to determine whether you have met the criteria to move forward with a construction accident lawsuit or worker’s compensation claim.
How a Construction Injury Lawyer NYC Can Help You
Having a team of experienced construction accident attorneys working on your case could make all the difference in your ability to demand justice. While you devote yourself to healing and learning to deal with any of the permanent physical ramifications of your injuries, our construction accident attorneys can work diligently behind the scenes to build a compelling case against the at-fault parties. We will need to begin by investigating the cause of the accident.
We may need to review video surveillance footage, speak with your fellow construction workers, and get testimony from any witnesses to the accident. We may also need to analyze defective construction equipment, safety gear, and other tools to determine whether faulty parts or defective products contributed to the injuries you sustained.
After our investigation is complete, we will have a better idea of who should be held accountable. At this point, we can determine whether you should file a claim for worker’s compensation benefits, file a construction accident lawsuit, or pursue both opportunities.
We will then calculate the value of your construction accident case. We’ll analyze the total value of your economic and non-economic damages to figure out how much your case is worth. We can collect some of these damages through the insurance company or by seeking worker’s compensation benefits.
However, if insurance does not sufficiently cover your damages, we may need to move forward with a lawsuit. Our team is ready to negotiate with money-hungry insurance companies and present your case before a judge and jury so you can obtain the favorable outcome you deserve.
How to Choose the Right Construction Accident Lawyer NYC
Injured construction workers have options for legal representation. It may feel as if every New York construction accident lawyer is this same, but nothing could be further from the truth. In fact, an injury victim’s choice in lawyer goes a long way toward whether or not construction accident cases are successful or not. By considering these factors and conducting thorough research, you can make an informed decision when choosing a construction accident lawyer who will best represent your interests and provide the support needed during a challenging time:
#1 Specialization and Experience: Look for construction site injury law firms that specialize in cases like yours. Experience matters significantly, so seek attorneys who have a proven track record in handling similar cases successfully.
#2 Reputation and Reviews: Research the lawyer or firm’s reputation. Check online reviews, testimonials, or references from past clients. A positive reputation and a history of satisfied construction worker clients can indicate reliability and competence.
#3 Expertise in Construction Accidents: Ensure that the lawyer has a deep understanding of construction laws and regulations specific to construction accidents in the NYC area. Construction accidents often involve complex legal aspects, so having a lawyer well-versed in this niche is crucial.
Trial Experience: While many cases settle out of court, it’s essential to choose a lawyer who is experienced in construction accidents trial litigation. This ensures they are prepared to take your case to court if necessary and can effectively represent you in front of a judge and jury.
Resources and Support: Consider the resources and support the lawyer or firm can provide. A strong legal team, access to experts (such as construction accident reconstruction specialists or medical professionals), and adequate resources for investigation are crucial for building a solid case.
Communication and Personal Connection: Choose a New York construction accident lawyer with whom you feel comfortable communicating. Clear and open communication is vital throughout the legal process. Ensure they listen to your concerns and provide personalized attention to your case.
Fee Structure: Discuss the fee structure upfront. Some lawyers work on a contingency fee basis, meaning they only get paid if you win the case. Understand the terms of payment and ensure they are transparent about costs and expenses.
Initial Consultation: Many lawyers offer a free initial consultation, including our law firm. Take advantage of this to discuss your case, ask questions, and gauge whether the lawyer is the right fit for you.
Ethics and Professionalism: Verify that the lawyer or firm is in good standing with the bar association and has no history of disciplinary actions or ethical issues.
Choosing the right New York construction accident attorneys is crucial for effectively navigating the complexities of such cases. When you choose our law firm after a construction site accident, you will be in the best care possible.
New York City Construction Accident FAQ
Construction site accident cases are notoriously complicated. We understand that you may have already spent hours upon hours researching how to hold liable parties accountable and what legal options are most suitable for your case. But you need more specific answers.
To that end, we have answered some of the most frequently asked questions regarding NYC construction accident cases below. If you have additional concerns we did not cover here, contact our legal team to set up a free consultation and get the answers you’ve been looking for.
Who’s Liable For My Injuries After a NYC Construction Accident?
It’s difficult to say who is responsible for your injuries after a construction accident in New York City. A thorough investigation into the cause of the accident will help your personal injury lawyer uncover the identities of all parties that contributed to the incident.
For example, if you suffered a spinal cord injury in a scaffold accident, our legal team would review the details of your case to determine whether your colleagues, supervisor, the construction company that employs you, and even the scaffold manufacturers are responsible.
When you are seeking workers’ compensation benefits, liability for the accident is irrelevant. Your workers’ compensation claim is not fault-based, so no matter who is ultimately responsible, you may be able to collect the workers’ comp benefits you deserve.
However, if your case needs to go to trial, your lawyer will need to prove the defendant’s liability and negligence.
How Long Do I Have to File a Construction Injury Claim in New York City?
Time is limited to file your construction accident case. If you are pursuing a personal injury lawsuit, the statute of limitations in New York gives you up to three years from the date you suffered your injuries to file suit.
This deadline may not always be clear, so be sure to discuss the specific circumstances of your case with your construction accident lawyer, otherwise, you could be barred from moving forward with your case.
If you are filing a claim for worker’s compensation benefits, time may be even further limited. According to New York workers’ comp laws, claims must be filed within two years for your case to be viable. If you do not file for worker’s compensation benefits before the deadline, the insurance company has the right to deny your claim.
We understand these deadlines can be confusing and sometimes difficult to adhere to. For this reason, you should start working with an experienced construction accident attorney so we can make sure your claims are filed well within these time frames.
What Is the New York Scaffolding Law?
The New York scaffolding law was designed to protect injured construction workers who fall from elevated heights without the necessary safety equipment. Under the law, which can be found under New York State Labor Law sections 240 and 241, property owners and construction companies can be held accountable when construction workers suffer injuries in a fall.
Can I Sue My Employer After I Get Hurt on a New York City Construction Site?
Unfortunately, it may not be clear at this time whether you can sue your employer after getting hurt at a New York construction site. If you seek worker’s compensation benefits, you may give up your right to file a lawsuit against your employer.
Their insurance coverage is designed to protect you and them in the event of an on-the-job construction injury. However, there are many situations in which you may be able to file a claim against your employer.
First, if you are not receiving worker’s compensation benefits, you may be able to file a lawsuit against your employer. If your accident falls under New York’s scaffolding laws, filing a claim against your employer may also be appropriate.
Until we know the specific circumstances of your case, we will not be able to determine who should be sued for your damages. Once we complete a thorough investigation, we can determine the identities of all parties that contributed to your injuries and hold them accountable to the fullest extent of the law.
We Take a Client-Focused Approach and Commitment to Justice
At our firm, our commitment to injured workers extends far beyond legal representation. We embody a client-focused approach that places your well-being and rights at the forefront. We understand the unique challenges and risks that construction workers face daily. Our dedication to justice means advocating tirelessly on behalf of each client, seeking not only fair compensation but also ensuring your voice is heard and your story is acknowledged. We prioritize building trust and meaningful relationships with those injured on the job site, providing empathetic support through every step of the legal process. Your safety, rights, and fair treatment are not just principles we uphold — they’re the driving force behind our unwavering pursuit of justice for construction workers who’ve suffered due to accidents or negligence.
Connect With a New York City Construction Accident Lawyer Today
Your construction accident injuries could permanently alter the course of your life. Don’t get stuck absorbing the ramifications of the liable party’s negligence. You can make them pay and get the compensation that is rightfully yours.
Find out how when you meet with an experienced New York City construction accident attorney at Isaacson, Schiowitz & Korson, LLP. When you are ready to take back control of your life, fill out our convenient contact form or call our office to schedule your no-cost, risk-free consultation to learn more about our NYC construction accident legal services.