Construction Accident Lawyer in Bronx
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Bronx, NY 10469
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Bronx Construction Accident Lawyers
Construction workers are at risk of suffering serious injuries due to the nature of the job and the machinery used. If an employer also doesn’t keep the site safe, this increases the risk that injuries will occur. If you were injured on a construction site, you may be entitled to file for workers’ compensation benefits. In some cases, you might also be able to file a personal injury claim to recover compensation. The laws can be complex, so it’s important to contact an experienced lawyer as soon as possible. Morgan & Morgan has been handling personal injury and workers’ compensation claims for decades. Our Bronx construction accident lawyers will do whatever it takes to ensure that you receive the compensation you need and deserve. Contact Morgan & Morgan today to schedule a free consultation.
Common Construction Accidents
Working on a construction site carries a significant risk of injuries. While most construction workers are aware of this, this fact doesn’t negate the responsibility of the construction company, property owner, or anyone else responsible for the work or property to ensure safe working Some of the most common construction accidents that occur while working include the following:
Falls
One of the most common types of construction injuries is falling; it’s estimated that falls make up about 35 percent of accidents in this setting. On a construction site, workers are often at great heights, doing difficult and dangerous work. It’s not surprising, then, that falls occur often. The severity of the injuries will depend on how high the worker fell from and how they landed, what they landed on, and the existence of any pre-existing injuries.
Falls typically lead to bruises, fractures, broken bones, head injuries, neck and back injuries, and in some cases, they can be fatal.
Electrocution
Construction workers are often required to work very near power lines and other power sources. If they’re unaware of the existence of a power source, or if a mistake is made, they could end up electrocuting themselves and causing serious injury. Not only do workers have to worry about being electrocuted, but there’s also the added danger of falling if they aren’t on the ground. There should always be precautions taken and warnings provided, but accidents still happen.
Equipment and Machinery Accidents
Almost all construction sites will use incredibly dangerous, heavy, and complex equipment and machinery at some point during the project. Sometimes machinery and equipment malfunctions, which can cause serious injury to the workers. Other times, the worker wasn’t trained properly or makes a mistake and injures themselves with equipment or machinery. Regardless of how the injury occurs, these accidents can be incredibly serious and sometimes fatal.
Repetitive Motion Injuries
Individuals working in the construction industry often engage in the same type of work, and therefore the same type of physical movements, day after day. The most common types of repetitive motion injuries include back injuries, joint injuries, wrist injuries, shoulder injuries, and neck injuries. The twisting, bending, lifting, and other movements associated with construction work can take a toll on the workers’ bodies.
Workers’ Compensation Insurance
If you’re a construction worker who was injured while working, you may be eligible to collect benefits through workers’ compensation insurance. When an employee is injured on the job, workers’ compensation insurance provides them with financial compensation for lost wages, medical expenses, and other losses incurred due to the injury. The amount of time a worker can receive these benefits depends in large part on the severity of their injuries. In almost all cases, workers’ compensation insurance provides these benefits regardless of who is at fault for the injury. To receive these benefits, you must be eligible under New York state law.
In New York, most construction workers will qualify for workers’ compensation benefits. State law presumes that construction workers are employees, and almost all employers are required to purchase this type of insurance. Even if a builder or someone else responsible for the project tries to qualify the workers as independent contractors, New York state law will still likely require workers’ compensation insurance to be provided.
If you work for yourself, however, you will have the option to purchase workers’ compensation insurance but aren’t required to. Additionally, subcontractors who aren’t under the direct control of the general contractor will not receive workers’ compensation benefits unless they have their own insurance policy.
Who is entitled to workers’ compensation benefits can sometimes be complicated, so it’s always a good idea to contact experienced Bronx construction accident lawyers right away to discuss your options.
Non-Worker Construction Accidents
It’s also crucial that construction sites are safe for other individuals who live or walk near them. Construction accidents happen with non-employees often, as well. Some of the most common construction accident injuries that are not work-related include the following:
Being Hit With an Object
When construction sites are active, the person responsible for the site needs to make sure that the area around the site is safe for passersby. If the right precautions aren’t taken, it’s possible that construction materials could fall and hit people, either as the workers are actively working, or after hours due to the site not being secured properly.
Falls
Construction projects often include work on the streets and sidewalks. If there are large holes, uneven sidewalks, or other dangerous conditions nearby, individuals walking by can easily fall and injure themselves.
File a Personal Injury Lawsuit
If you are injured as a non-worker, you may be entitled to file a personal injury claim against the party responsible for your injuries. Typically, you would do this to receive compensation for your medical expenses, lost wages, lost future earnings, and other damages that you incurred due to the injury. These damages could also include emotional injuries you are experiencing because of the incident. In many states, there is a limit on the amount of compensation you can receive. However, in New York, the compensation you can be awarded is not capped at any specific amount.
If you were injured due to a construction site accident, contact experienced Bronx construction accident lawyers to discuss your options and ensure you don’t miss any important deadlines.
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FAQ
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
What Is the Statute of Limitations?
In New York, you must file a personal injury lawsuit within 3 years from the date of the incident. If you fail to file your claim by this date, you won’t be able to collect any compensation. There are some exceptions to this deadline, so it’s important to talk to an experienced lawyer who can help you and ensure that you don’t miss this important date.
If you need to file a workers’ compensation claim, you technically have 2 years to pursue benefits. However, another incredibly important aspect of these types of claims is the date by which you must report the injury to your employer. In New York, you must report your injury within 30 days, or you won’t be able to pursue any benefits. While you have 30 days, we advise that you notify your employer as soon as possible after the injury or illness occurs.
You should also make sure that you seek medical treatment as soon as possible, as this is going to be the most significant aspect of any workers’ compensation or personal injury claim.
If I Receive Workers’ Compensation, Can I Still File a Personal Injury Lawsuit?
In some circumstances, yes. If you were injured while working on a construction site, your first step will likely be to file a workers’ compensation claim. Through this claim, you can receive monetary compensation for medical expenses and lost wages, among other things. Once you receive these benefits, you are not permitted to file a personal injury claim against your employer, who provided your workers’ compensation insurance.
However, in some cases, there might be another 3rd party that is responsible for your injuries, at least in part. If this is the case, you can probably file a personal injury claim in addition to receiving workers’ compensation benefits. For example, if you were injured on a construction site due to defective machinery or equipment, you may have a valid civil claim against the manufacturer of the machinery or equipment. While this can be a significantly longer process than a workers’ compensation claim, you could end up receiving a higher payout, as workers’ compensation benefits typically only pay about 2/3 of your average wages.
It's important to note that if you are successful in a personal injury claim against a third party, the workers’ compensation insurer that paid out your benefits may require you to pay them back a portion of the benefits you received. In many circumstances, this can still be beneficial and could end up providing you with more compensation than if you had only received workers’ compensation benefits.
Contact Morgan & Morgan
If you were injured while working on a construction site, or you’re a non-employee that was injured because a construction site was unsafe, it’s important to contact an experienced lawyer to discuss your options. You might be able to file a personal injury claim to recover compensation for the expenses you incurred as a result of the incident, or you may be entitled to workers’ compensation benefits. Regardless of the details, Morgan & Morgan can help. We have decades of experience handling both types of claims, and we will do everything we can to make sure you receive the justice you deserve. Contact Morgan & Morgan today for a free consultation.