Staten Island Construction Accident Lawyer

Staten Island is seeing a significant increase in its population, leading to the emergence of new building projects. This expansion brings fresh economic possibilities but also heightens the risk of construction site mishaps. This post explains why you need a Staten Island Construction Accident Lawyer.

Who is a Construction Worker?

The Bureau of Labor Statistics reports that in 2018, approximately 1.6 million individuals in the United States were employed in the construction sector. A construction worker is typically someone who engages in manual labor at a building site. This encompasses various roles, such as: Equipment operators, Stone Masons, Plumbers, Carpenters and so on.

No matter what specific job you have in the construction field, your chance of experiencing a severe injury or fatality is much greater than in most other careers. The inherent risks of the job make it more likely for workers to suffer from serious, potentially life-altering injuries.

As a construction worker on Staten Island, it’s likely you take every precaution to ensure the safety of yourself and your colleagues. Yet, this doesn’t shield you from the possibility of being involved in a mishap. There are factors on construction sites you have no control over that can lead to injury, even if it’s due to someone else’s negligence.

Although your aim is to avoid getting injured in a construction accident, accidents can happen, resulting in medical expenses, lost income, and other challenges. In most instances, you are entitled to receive financial compensation for these damages, regardless of your legal status, being undocumented, or not belonging to a union.

Time Limits for Filing Construction Injury Lawsuits in Staten Island

Should you choose to pursue a lawsuit for compensation for your construction-related injuries, it’s essential to inform your employer about your injury within 30 days following the incident. Following this, you usually have a two-year window to formally request benefits from their insurance coverage.

In the event you decide to take legal action, New York state law mandates that you initiate the lawsuit within three years from the date of your injury.

Do not delay or procrastinate in filing a lawsuit for damages. If you miss the deadline set by the statute of limitations, you will forfeit your right to seek compensation. This post will list the best attorneys specialized in construction injury cases in Staten Island who can guide you through the legal process, ensuring that your case is not dismissed due to minor procedural errors.

Paths to Financial Recovery Following a Construction Injury on Staten Island

There are essentially two routes to seek compensation for your injuries following an incident at a construction site on Staten Island: pursuing a workers’ compensation claim and initiating a personal injury lawsuit.

Pursuing a Workers’ Compensation Claim

The majority of employers in New York are mandated to carry workers’ compensation insurance for their employees, regardless of their legal status. Workers’ compensation is a form of no-fault insurance, meaning that employees injured on the job can receive compensation regardless of fault, and employers are often shielded from legal action by their injured employees.

A successful workers’ compensation claim can result in benefits for:

Medical expenses,
Loss of wages and earnings, and
Disability benefits.
The family of a worker who passes away on the job may also be eligible for death benefits.

Claims for workers’ compensation should be straightforward, yet this is not always the case. Employers and insurance companies often make it challenging for injured workers to obtain benefits. This is why you need a competent Staten Island construction accident lawyer to assist you in seeking the compensation you rightfully deserve.

The defendant’s insurance provider might propose a quick payout for your claim against a third party, but it’s crucial to seek legal advice from a Staten Island construction accident Lawyer before accepting any agreement. Insurance companies are designed to settle claims swiftly, aiming to pay as little as they can. A settlement that appears just right at first might not be enough if you end up with severe injuries that affect your work or daily life. Staten Island construction accident attorneys are familiar with determining a fair settlement that considers your specific situation and your expected recovery.

Initiating a Personal Injury Lawsuit

Although you might not have the option to sue your employer, you could potentially file a lawsuit against other parties who played a role in or caused your accident. This includes anyone who acted negligently, such as fellow workers, engineers, architects, or even a government entity. Furthermore, you might have a claim against anyone who is strictly liable under the law, which could involve property owners, general contractors, and manufacturers of products. By filing a lawsuit, you can recover damages that are not available through workers’ compensation, including compensation for pain, suffering, and emotional distress.

Also a competent Staten Island construction accident lawyer can assist you in identifying all responsible parties, crafting a compelling demand for compensation, and advocating for the maximum recovery of your damages.

Common Staten Island Construction Accidents

The following are common Staten Island construction accidents to which claims for damages or compensation may arise:

Accidents involving brazing
Buildings collapsing
Injuries from compressor incidents
Injuries from crane incidents
Injuries from cutting incidents
Injuries from faulty or hazardous machinery
Injuries from accidents with dumpsters
Injuries from electrical incidents
Injuries from elevator incidents
Injuries from slips and falls
Injuries from objects falling
Injuries from forklift incidents
Explosions from gas
Injuries from ladder incidents
Injuries from accidents in logging
Injuries from accidents with nail guns
Injuries from malfunctions of punch presses
Injuries from accidents involving scaffolding
Buildings collapsing
Injuries from welding incidents

More importantly, should a loved one pass away due to an incident at a construction site in Staten Island, a competent Staten Island construction accident lawyer will assist you in seeking compensation via a lawsuit for wrongful death.

The New York State Construction Liability Law

Data from the Occupational Safety and Health Administration (OSHA) reveals that 2018 saw approximately 1,008 construction-related fatalities. A significant number of these deaths and injuries could have been avoided if employers, property managers, and others had adhered to the applicable construction safety regulations.

The New York Labor Laws Sections 200, 240, and 241 are pivotal statutes aimed at safeguarding the well-being of workers in New York City. Violators of these statutes are responsible for the damages caused by their negligence.

New York Labor Law Section 200

This section mandates that contractors and property owners are obliged to ensure the safety of their workers. It stipulates that construction areas must be designed to afford workers reasonable and sufficient protection regarding their health, safety, and well-being. Additionally, there is a responsibility to secure machinery and equipment in a manner that guarantees a reasonable and sufficient level of worker safety.

New York Labor Law Section 240

This section is commonly referred to as the scaffolding law. It is significant because falls are among the leading causes of death in the construction sector, constituting the “fatal four.” The safety guidelines for scaffolds, ladders, and other elevated work platforms are particularly strict under this section. The scaffolding law requires that the scaffolding and related equipment remain in a safe state, and it also offers protection to workers on the ground from potential injuries caused by falling objects.

The liability for injuries caused by gravity, whether from a height fall or an object striking a person, rests with the property owner or general contractor under the scaffolding law.

New York Labor Law Section 241

Section 241 sets forth safety standards for workers engaged in construction, excavation, or demolition activities. It covers requirements for flooring, protection from trip and fall risks, and safety measures related to construction site elevator use. Both general contractors and property owners can be held accountable for any injuries that occur due to the failure to implement necessary safety measures as per Section 241.

Things To Consider When Picking a Staten Island Construction Accident Lawyer

Choosing the right construction accident lawyer in Staten Island is critical to ensure you receive the best possible representation and compensation for your injuries. Here are some key factors to consider when selecting a construction accident lawyer:

Firstly, ensure the lawyer specializes in construction accident cases. A lawyer with specific experience in this area will have a deeper understanding of the unique aspects of construction accident law. Look at their history of handling similar cases and their success rate.
Also, experienced attorneys usually have established reputations, which can be verified through client reviews and professional endorsements. More experienced attorneys are often better equipped to handle complex cases and navigate the legal system effectively.
Choose a lawyer who is responsive and accessible, providing timely updates and answers to your questions. Ensure the attorney has the time and resources to dedicate to your case, rather than being overwhelmed with too many clients.
An attorney with a strong support team, including paralegals and assistants, can handle the workload more efficiently and effectively. Access to medical experts, accident reconstruction specialists, and other professionals can strengthen your case.
Ensure the lawyer has the financial resources to cover the costs of preparing and presenting your case, such as hiring experts and conducting thorough investigations.
A great personal rapport can make the legal process smoother and less stressful. Assess their professionalism and whether they treat you with respect and understanding during the consultation.
Ensure the lawyer is well-versed in the specific laws and regulations of New York, particularly those that apply to construction accidents in Staten Island. An attorney familiar with local courts, judges, and opposing counsel can navigate the legal landscape more effectively.
An attorney with strong connections in the community may have access to additional resources and insights that can benefit your case.
Finally, review the lawyer’s past settlements and verdicts to gauge their ability to secure substantial compensation for their clients. A high success rate indicates the lawyer’s effectiveness in achieving favorable outcomes for their clients.