Construction accidents in the Bronx may involve those working on the site or innocent bystanders. Those who are not involved in the construction work who are struck by debris or other items falling from the construction site or are otherwise hurt may file a personal injury lawsuit against the at-fault parties.
When a construction worker is injured, they file workers’ compensation claims to pay for their medical expenses and part of their lost wages. Under workers’ compensation law, workers usually cannot sue their employers after suffering an accident while on the job.
However, if a third party is partly liable for their injury, or if the employer violated certain New York labor laws, the injured worker may also file a personal injury lawsuit.
If you suspect negligence may have played a role in your construction accident injury, we encourage you to contact our firm for a free consultation to discuss your potential case.
If you were seriously injured in a construction accident, especially if a third party is involved, it is in your best interest to choose a law firm that has a strong track record of obtaining favorable verdicts and settlements. Selecting a firm because of their investigative diligence and commitment to leaving no stone unturned is precisely why you should choose Rheingold Giuffra Ruffo Plotkin & Hellman LLP.
Firm partner Thomas Giuffra, our lead attorney in these types of cases, has won more than 20 verdicts and many settlements of a million dollars or more. His innovative approach, thorough preparation, and trial advocacy skills have helped him secure international recognition for his work.
Our construction accident case results include a $2.032 million verdict for a man injured at a construction site due to a defective scaffold, a $2 million settlement after a man’s tibia was cut through by a saw at an unsafe worksite, and a $1.6 million verdict for a man who fell from a ladder at a dangerous construction site and suffered a traumatic brain injury.
As of the end of 2022, there were 72 construction-related accidents in the Bronx and one fatality.
These accidents included:
In most of the accident cases cited, the injured worker should qualify for workers’ comp for their medical care and temporary disability payments. It is possible that in some of these situations, a third party could also prove liable.
Construction work is inherently dangerous. As a Bronx construction worker, you have legal rights, including the right to work in a safe environment.
The laws governing construction sites are intended to keep construction sites as safe as possible and protect New York construction workers. Employers must provide proper safety equipment and take reasonable safety measures on job sites.
Under New York labor law §200, also known as the Scaffold Law, any “scaffolding or staging more than twenty feet from the ground or floor, swung or suspended from an overhead support or erected with stationary supports, except scaffolding wholly within the interior of a building and covering the entire floor space of any room therein, shall have a safety rail of suitable material properly attached, bolted, braced or otherwise secured, rising at least 34 inches above the floor or main portions of such scaffolding or staging and extending along the entire length of the outside and the ends thereof, with only such openings as may be necessary for the delivery of materials.”
The law also states that the scaffolding or staging must be fastened to prevent it from swaying from the building or structure.
In addition, all scaffolding must be able to bear four times the maximum weight required when in use.
This law holds contractors and construction companies liable for injuries involving falls from heights. If the contractor or construction company violates the law, such as by not properly fastening scaffolding, resulting in a worker’s fall and injury, the worker can then bring a claim against the responsible party.
New York Labor Law §241 deals with construction, demolition, and excavation work.
One provision of this law states: “All areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places.”
Another provision concerning elevators and other hoisting apparatus states that “If elevators, elevating machines or hod-hoisting apparatus are used in the course of construction, for the purpose of lifting materials, the shafts or openings in each floor and at each landing level shall be enclosed or fenced in on all sides by a barrier of suitable height, except on two sides which may be used for taking off and putting on materials, and those sides shall be guarded by an adjustable barrier not less than three nor more than four feet from the floor and not less than two feet from the edges of such shafts or openings.”
Again, if the general contractor or the property owner violates this law, an injured worker may file a claim.
As noted, workers’ compensation covers your medical expenses and approximately 2/3 of your wages.
There is a caveat. Workers’ compensation wage replacement is subject to a cap, which is $1,145.43 for injury dates between July 1, 2023, and June 30, 2024. The cap is adjusted annually and is based on 2/3 of the New York State average weekly wage, which during this period is $1,718.15.
Compensation for construction accident injuries in New York in a personal injury claim may include:
In New York, the statute of limitations for filing a personal injury claim is generally three years from the date of the incident. However, since valuable evidence can easily vanish, it is wise to contact a Bronx construction accident lawyer as soon as possible.
If you were injured while working on any type of city, state, or federal government property, including a public school building, you must file a notice of claim within 90 days. After filing the notice, you generally have one year in which to file the actual claim.
For a workers’ compensation claim, you must report the accident to your employer within 30 days. However, you should report the accident as soon as possible. Make sure your employer documents your report and provides you with a copy.
If you were injured in a construction accident due to third-party negligence, you need the services of an experienced New York Construction Accident Lawyer at Rheingold Giuffra Ruffo Plotkin & Hellman LLP. Schedule a free, no-obligation consultation today. Because we work on a contingency basis, you pay no fee unless you receive compensation.
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