Construction is everywhere in New York. Unfortunately, this means that a significant number of workers are injured in accidents each year. Suffering a construction accident can leave a victim with major medical bills, significant lost income, and other losses.
Fortunately, if you’ve been injured, you do have options for seeking monetary compensation. It starts with hiring a skilled construction accident attorney. The Long Island law firm of Dell & Dean, PLLC is ready to review your case and guide you through the next steps.
Why Clients Trust Dell & Dean
Suffering a construction accident injury could very well be the lowest point of your life. But the immediate pain and stress of the accident itself may be only the beginning. In the weeks and months to come you can expect medical bills, losing time from work, and more.
In a moment like this, you don’t need a law firm that treats you as just another set of billable hours. You need a trusted legal ally who will walk with you each step of the way. When you hire Dell & Dean to handle your construction accident, we bring the following to the table:
- 30+ Years of Experience: We understand the relevant laws, court procedures, and rules that govern these cases. And we have tried and settled all different types of construction accidents.
- Over 600 5-star Reviews: A satisfied client is our best advertisement, and we have hundreds of them. Read these testimonials from personal injury victims just like you who we’ve helped.
- Thorough Investigation and Evidence-Driven Case Strategies: We take the time to find out how your accident happened and who was responsible. Then, we get to work holding them liable.
- Skilled Negotiation With Insurance Companies: Most construction accident cases settle with insurance. If the insurers won’t negotiate in good faith, we’re prepared to go to trial.
- Contingency Fee Representation: We take cases on a contingency fee basis, meaning we only get paid if we win or settle favorably for our clients. This allows victims to have access to the courts.
- Attorney-Led Representation: Some personal injury firms allow the defense lawyers to set the pace of litigation. We take a proactive approach aimed at expeditious legal representation that meets your best needs.
- Multilingual Services Available: Our firm is proud to serve the legal needs of Spanish and Korean personal injury victims throughout New York City and Long Island.
To date, we have obtained numerous multimillion-dollar verdicts and settlements for our clients. We invite you to schedule a free, no-obligation initial case review to learn more about our legal services and how we can advocate for you.
Types of Construction Accidents We Handle
Dell & Dean has extensive experience representing victims of many different types of construction accidents on Long Island and in New York City. If you or a loved one suffered any of the following, let us help:
- Scaffolding accidents: These include falls from scaffolding, scaffolding collapses, and objects falling from scaffolding onto workers.
- Ladder accidents: Ladders can be defective, improperly positioned, used without safety precautions, cause falls, and come into contact with power lines.
- Falls from heights: Falling from a roof, scaffolding, or other elevated position can cause serious and permanent injuries like traumatic brain injury (TBI) and paralysis.
- Crane accidents: When cranes collapse, strike nearby objects or construction workers, or drop loads, the results can be disastrous.
- Electrocution injuries: An electrocution can happen due to failure to ground, defective equipment, exposed wiring, and similar electrical hazards on the job site.
- Crushing injuries: A worker can become trapped between heavy machinery, equipment, structures, or materials, and suffer injuries like amputation and internal organ damage.
- Struck-by-object accidents: Any objects that are falling, swinging, flying, or otherwise moving on the construction site can strike a worker and cause serious harm.
- Construction truck accidents: Dump trucks, delivery trucks, and construction vehicles can crash or experience critical failures that injure drivers and nearby workers.
- Burn injuries: Fires, explosions, electrical hazards, hot liquids and materials, and chemicals can all cause varying degrees of painful burns.
- Ground collapses: The ground can suddenly collapse during digging, excavation, and similar activities on the job site, potentially trapping and suffocating workers.
- Defective tools and equipment: When there are problems with the tools and equipment that workers use, liability could point back to the manufacturer, retailer, or another responsible party.
- Heavy machinery accidents: Excavators, loaders, bulldozers, and other powerful pieces of equipment are necessary on the construction site but they can cause injury.
- Forklift accidents: Overloading, improperly securing the load, dangerous maneuvers, lack of training and experience, and other problems can lead to a major accident.
- Excavation accidents: Special care must be taken to avoid trench collapses, falling materials, and related hazards that attend digging and underground construction.
- Demolition accidents: Demolition work on a construction site requires utmost care to avoid unexpected explosions, structural collapses, falling debris, and other common dangers.
Workers’ Compensation Versus Third-Party Personal Injury Claims
Injured construction workers in New York City and on Long Island may have the option of pursuing a workers’ comp claim or a third-party personal injury lawsuit, or both, to recover compensation. We can help with these. The main differences between them are the issue of fault and available compensation.
Workers’ compensation
Workers’ comp does not require the injured construction worker to prove negligence. It is generally the exclusive available remedy that the employee has against the employer for a workplace accident. In most cases, therefore, the worker cannot sue their employer.
Workers’ comp benefits include medical treatment, partial wage replacement, permanent disability benefits, and loss of function for various body parts. Death benefits are also available for certain eligible dependents. Reasonable travel expenses can sometimes be reimbursed.
Third-party personal injury
The construction worker may be able to bring claims against certain third parties that caused the accident. These may include the property owner, contractor, subcontractor, equipment or tool manufacturer, and others. The victim will need to prove negligence or, alternatively, a violation of the state Labor Law (see below).
The potentially available damages are broader compared to workers’ comp benefits. They may include present and future medical expenses, lost income, lost future earning capacity, non-economic damages like pain and suffering and loss of consortium, and more.
What To Know About New York Labor Law Protections
New York is unique in that it has enacted special legal protections for workers in the construction and related industries. These laws can allow the victim to make a stronger claim for compensation, but they will need skilled legal counsel to assist them:
- Labor Law §240: Known as the Scaffold Law, this statute requires property owners and contractors to provide appropriate fall-prevention devices like scaffolding, ladders, and hoists and for scaffolding to be erected properly.
- Labor Law §241(6): This law protects construction, excavation, and demolition workers in New York City and Long Island by imposing various job site safety rules that are included in the Industrial Code.
- Labor Law §200: The law imposes a general duty upon site owners and other responsible parties to provide a reasonably safe work environment for their employees.
Violations of these rules can make it easier for injured workers to claim compensation. An accident victim may be able to establish liability without having to prove ordinary negligence as with a personal injury claim.
Contact Our Long Island Construction Accident Attorneys
Getting hurt on the job can mean a severe financial setback for you and your family. But there are options for recovering the compensation and benefits you need to move forward. To learn more, connect with the construction accident team at Dell & Dean, PLLC.
Frequently Asked Questions About Construction Accidents
What should I do immediately after a construction accident?
Seek medical attention right away and report the accident in writing to your employer, supervisor, or other person in charge. Document the accident scene and your injuries with pictures and videos. Get the names of any witnesses. Then contact an attorney.
Can I receive both workers’ comp and personal injury compensation?
Depending on the facts of your accident, both may be available. You will need to prove, for a third-party personal injury claim, that the third party was legally responsible for the accident. Our law firm can assist you with both a workers’ compensation and a personal injury lawsuit.
Is there a deadline for either a workers’ comp or a personal injury claim?
There are deadlines for both. For workers’ comp, an injured worker must usually notify their employer within 30 days of the injury. Separate from this, the worker has up to two years to file a claim with the New York Workers’ Compensation Board.
A typical personal injury claim must generally be filed no later than three years after the date of injury. However, there are circumstances that can alter this deadline (known as the statute of limitations). One example is if the lawsuit is filed against a governmental entity.
It’s important that you are aware of the respective deadlines and that you do not file either claim too late. Filing too late can permanently bar you from any recovery.
What sort of evidence can help my claim?
You should gather and preserve any and all evidence related to your accident, your injuries, and your resulting personal and financial losses. These can include medical bills and records, pictures and videos, eyewitness statements, accident reports, and much more.
Don’t neglect your own personal recollection of the events and your subjective experiences after the accident. Consider keeping a personal journal documenting your pain and suffering, daily limitations, changes in your condition, and more.
We can help you collect the evidence you need. There may be evidence that others have possession of, like equipment inspection records. We can help you obtain this by using various discovery methods.
