Most construction accidents are covered by workers’ compensation, which pays for injured workers’ medical treatment and provides disability benefits. Under the no-fault workers’ compensation system, injured workers cannot sue their employers. However, there are exceptions, such as when an employer violates New York labor laws, resulting in an accident. Exceptions are also based on the gravity of the injury.
Construction sites often feature workers from various companies and contractors. If a subcontractor caused your injury, you may be able to sue them for damages.
Other third parties that might be liable for your injuries include property owners, architects, and manufacturers of defective or malfunctioning equipment.
A Staten Island construction accident lawyer at Rheingold Giuffra Ruffo Plotkin & Hellman LLP will protect your rights and help you during this critical time.
If you are injured in a New York construction accident, which lawyer you hire can make the difference between achieving a fair settlement or favorable verdict or worrying about your financial future. That is why you should choose the Staten Island construction accident lawyers at Rheingold Giuffra Ruffo Plotkin & Hellman LLP. Led by the tenacious Thomas P. Giuffra, our department is ready to investigate your accident and leave no stone unturned to ensure all liable parties are held accountable.
Our case results speak for themselves. These include:
While Staten Island has a far lower construction injury rate than other boroughs, serious injuries and fatalities do happen. In 2022, six Staten Island construction workers were injured while on the job.
The most common causes of construction accidents on Staten Island include:
Here are some examples of recent construction accidents on Staten Island:
If a party other than your employer caused or contributed to your injury, you may file a personal injury lawsuit against them. Your attorney will identify all potential defendants in a third-party claim and work to hold them accountable.
Examples of when third parties may be liable include:
To establish liability, the plaintiff must prove that the third party owed a duty of care to the injured worker. It must be shown that this party breached their duty of care. The breach must relate directly to the primary cause of the accident and subsequent injury.
The injured worker must have suffered damages, such as physical injuries, lost wages, medical expenses, or pain and suffering from the accident.
While the defendant’s insurance company may offer you a fast settlement for your third-party claim, never agree to a settlement before consulting a Staten Island construction accident lawyer.
The insurance company’s business model involves settling claims quickly for as little as possible. What may seem like a fair settlement often turns out to be inadequate if you sustain serious injuries impairing your ability to work or engage in normal activities.
Your Staten Island construction accident lawyer knows a reasonable settlement amount based on your individual case and your prognosis. We work to maximize your settlement amount so that you receive the compensation you deserve for your injuries.
As noted, workers’ compensation law does not allow injured workers to sue their employers. However, there are exceptions if the workers suffered a grave injury and the employer violated certain New York construction laws.
Grave injuries include loss of body parts, paraplegia, quadriplegia, blindness, and other permanently disabling injuries.
The Scaffold Law, formally known as New York Labor Law §200, requires that scaffolding that is over 20 feet from the ground or floor must have an adequate safety rail.
The Scaffold Law also states that the scaffolding or staging must be fastened to prevent it from swaying from the building or structure.
All scaffolding must be able to bear four times the maximum weight required when in use.
New York Labor Law §241 applies to employer negligence in construction, demolition, or excavation work. According to this law, “All areas in which construction, excavation or demolition work is being performed shall be so constructed … as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places.”
In New York, the statute of limitations for filing a personal injury lawsuit is typically three years from the date of the accident. However, if you were working on a local, state, or federal property, you must file a Notice of Claim within six months of the accident date.
It is critical to hire a Staten Island construction accident attorney as soon as possible after an accident. Waiting too long can mean crucial evidence may disappear.
Your attorney will identify all parties potentially liable in your case, as well as investigate whether your employer violated New York labor laws.
We will gather evidence, determine who was in charge of the site at the time of the accident, and interview any eyewitnesses.
We hire experts in their field, such as doctors or accident reconstruction specialists, to determine the cause of your accident and ensure you receive fair compensation.
Compensation, or damages, for construction accident injuries on Staten Island may include:
If you were injured in a Staten Island construction accident due to your employer’s violation of labor laws or due to a third party’s negligence, you need an experienced New York Construction Accident Attorney at Rheingold Giuffra Ruffo Plotkin & Hellman LLP to represent and fight for you.
Schedule a free, no-obligation consultation today. Since we work on a contingency basis, you pay no fee unless you receive compensation.