Queens Construction Accident Lawyer

How Can a Queens Construction Accident Attorney Help?

Construction accidents are not only physically challenging for the injured worker, but they can also cause psychological, emotional, and financial pain as well. After an accident on a construction site, you may be faced with a long recovery and unable to return to work. The combination of dealing with medical treatment, the financial burden your injuries have caused, and your painful recovery can make pursuing compensation exhausting and overwhelming. Explore our reviews and see why we’re highly recommended. Conveniently situated in Queens, our office is prepared to work on your behalf.

If you were injured on a construction site, an NYC construction accident lawyer at Parker Waichman LLP will conduct a thorough investigation to help you deal with the aftermath by:

• Investigating the accident scene
• Determining the cause of the accident
• Gathering evidence
• Establishing liability
• Interviewing witnesses
• Consulting with experts
• Settlement negotiations
• Filing a lawsuit on your behalf
• Representing you in court

While workers’ compensation insurance prevents you from filing a lawsuit against your employer, you can file a lawsuit against a negligent third party. Our legal team will go above and beyond to hold the negligent third party accountable for your injuries and other damages. If the at-fault party refuses to make a reasonable settlement offer, we will proceed with going to trial and present your construction accident case before a judge and jury. The majority of the time, these cases will settle out of court.

Construction Accident Injuries

Construction site injuries can range from soft tissue damage and strains and sprains to traumatic brain injuries or even death.

Here are the most common types of construction accident injuries:

Head injuries

Head injuries sustained on construction sites can include traumatic brain injuries, skull fractures, hematomas, concussions, lacerations, and more.

Spinal cord injuries

A spinal cord injury can result in brain damage, long-term disabilities, or complete or partial paralysis.

Soft tissue damage

Soft tissue damage, such as cuts and lacerations, is often easy to treat but can lead to an infection when left untreated.

Crushed bones and fractured bones

Bones can break or crack in different ways, and crushed bones can be difficult to treat.

Loss of limb

While construction site accidents can result in a worker losing a toe, finger, leg, or arm, a construction worker may also need an amputation in the event of a severely crushed or mangled digit or limb.

Other common types of construction site injuries include:

• Repetitive motion injuries
• Stress injuries
• Heat stroke
• Loss of hearing
• Loss of vision
• PTSD

These life-altering injuries can cause severe physical and emotional distress, leaving many construction workers injured and struggling to cope with lost income, ongoing medical treatment, and changes to their quality of life. In such cases, filing a personal injury claim may be the best way to pursue the compensation you deserve. Our firm offers a free case review to explain your legal options and fight for your rights.

New York Labor Laws

Labor Laws 200, 240, and 241 protect construction workers and others on the job site from injury and death.

New York Labor Law 200 – Common Law Negligence

Also referred to as Common Law Negligence, Labor Law 200 requires owners of construction companies, contractors, and other parties to provide a safe work environment for construction workers and visitors by ensuring the site itself is safe and is equipped, operated, or arranged in a manner that provides workers and visitors with reasonable and adequate protection. Under this law, devices, equipment, and machinery must be guarded, placed, and operated in a way that protects workers and site visitors.

If the Labor Commissioner identifies unsafe conditions on a job site during an inspection, they may post a notice warning workers and visitors of the dangers and may prohibit further work on the site until the dangerous conditions have been addressed. In certain situations, through a legal proceeding, the Attorney General’s Office can also enforce such an order, prohibiting the use of equipment or machinery on the site until the hazards have been corrected. These enforcement actions are part of the state’s regulatory process and are separate from an injured worker’s lawsuit.

In a Labor Law § 200 claim, a worker must show that the contractor, property owner, or other responsible party knew or should have known about the dangerous condition, or exercised control over the work in a way that created the hazard. Unlike under some other labor laws, the injured worker’s own negligence can reduce their recovery.

Labor Law Section 240(1) – Scaffold Law

Labor Law 240(1), also referred to as the Scaffolding Law, or Scaffold Law, protects Queens construction workers who are at risk of being struck by an object from a height or those at risk of falling from heights.

However, this Labor Law covers very specific types of construction work, including the erection, demolition, altering, painting, cleaning, repairing, or, pointing of a building or structure. This excludes activities that are related to decorative work, manufacturing, or maintenance. Passersby, motorists, and pedestrians are not covered under this law.

Strict liability for construction worker safety is placed on a building owner, the owner of the construction company, the general contractor, or its agent, who is controlling or directing the work being done to repair, maintain, or build a structure. The owner of a one- or two-family dwelling is excluded from liability unless they had direct oversight of a project. The owner of a three-family dwelling or larger does not have that exemption and can be held liable if a violation of the Scaffold Law was a proximate cause of the accident.

Employee negligence is not taken into consideration under the Scaffolding Law and allows injured workers to recover more compensation than allowed under workers’ compensation benefits.

It is the responsibility of a building owner, general contractor, its agent (subcontractor), or a construction company to create a safe work environment, with safety measures in place that will prevent a fall. Safety measures include scaffolding that can bear weight equal to four times or more the weight of construction workers and the necessary materials, and safety railings. Construction workers must also use essential safety gear and equipment, the use of which must be enforced by the supervising party.

When a construction worker is injured from a fall or was struck by an object that fell from a height, due to a failure to ensure the safety of construction workers and the worker sustains an injury or dies as the result of this failure, the owner of a construction company, property owner, contractor, or its agent, can be sued.

Labor Law 241(6)

Labor Law 241(6) applies to workers who are involved in excavation, demolition, or construction, and also applies to the use of safety equipment. An owner or contractor is required under New York State Labor Law to take reasonable steps to provide safety provisions to construction workers. This law is similar to Labor Law 240, but focuses on safety practices of a construction site, including those at ground level and at other elevations, addressing how floors are constructed during the building process, materials used, in addition to elevators, and all types of hoisting apparatus.

Labor Law 241(6) outlines how a construction site must be constructed, conducted, operated, arranged, and guarded. This law also requires workers to be equipped with the proper protection and safety equipment to carry out construction, excavation, and demolition duties. If a worker is injured, they must show that a contractor or owner did not comply with certain regulations under the New York Industrial Code, and this failure resulted in the worker’s injuries. If proven liable, a contractor or property owner will be required to pay for the injured worker’s accident-related damages.

Filing a Lawsuit After Sustaining a Grave Injury

Workers’ compensation insurance typically prevents injured workers from filing a lawsuit against their employer. In most cases, the injured worker would file a claim through their employer’s workers’ compensation insurance, which pays for their medical expenses and a portion of their lost wages. New York’s Labor Laws provide additional protection for construction workers, allowing them to file additional claims against property owners, contractors, and other liable parties.

Additionally, while an employee does not need a “grave injury” to file a third-party lawsuit against a construction site owner, contractor, or other negligent party, the law limits when that third party can bring the injured worker’s employer into the lawsuit to share liability. This is only allowed in certain very serious “grave injury” situations as defined by New York law.

What is Considered a Grave Injury Under New York Law?

The following is considered a grave injury under New York Law:

• Death
• Permanent and total loss of use or amputation of an arm, leg, hand, or foot
• Loss of multiple fingers
• Loss of multiple toes
• Paraplegia
• Quadriplegia
• Total and permanent blindness
• Total and permanent deafness
• Loss of nose
• Loss of ear
• Permanent and severe facial disfigurement
• Loss of an index finger
• An acquired injury to the brain caused by an external physical force resulting in permanent total disability.

New York Labor Laws and Wrongful Death

If a worker was not given any type of fall-prevention equipment, a property owner or contractor failed to comply with safety rules set by the New York Industrial Code, or a property owner, contractor, or other party failed to prioritize the safety of the worker, resulting in the accident and their fatal injuries, eligible family members may be able to file a lawsuit, in addition to recovering workers’ compensation death benefits. A New York construction accident attorney at Parker Waichman LLP is familiar with New York Labor Laws and workers’ compensation laws and can investigate the accident to determine whether any labor laws were violated or another form of negligence resulted in the untimely death of a loved one.

Schedule a Free Consultation with a Queens Construction Accident Lawyer

If you were injured in a construction accident, you may be entitled to additional compensation. At Parker Waichman LLP, our Queens construction accident lawyers offer free consultations. They can meet with you to review your case and determine if you have grounds to file a third-party lawsuit. Contact an experienced member of our Queens personal injury legal team today to learn more.

We handle construction accident cases on a contingency fee basis, meaning no legal fees unless we win. Aside from our Queens office, we also have a location in New York City. Reach out to our New York City personal injury lawyer for experienced representation.