Understanding Your Rights After a Construction Accident in New York

If you’ve recently been involved in a construction accident in New York, we understand that you may be feeling overwhelmed and uncertain about your next steps. The pain, confusion, and stress that follow an accident are difficult to navigate. At times like this, it can feel like you’re facing an uphill battle. You might be wondering who is responsible for your injuries and what rights you have to seek compensation. It’s completely normal to have questions. If you are in need of an attorney to help with your case, we are here to guide you through this difficult time. Our firm is empathetic to your situation and dedicated to helping you achieve the best possible outcome in your case.

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What to Do After a Construction Accident

After a construction accident, the first priority is to ensure your safety and well-being. Seek medical attention immediately, even if you feel fine at first. Some injuries might not be immediately visible or noticeable, but they can cause long-term damage if left untreated. A doctor will be able to assess your condition properly and document your injuries, which is crucial for your case later on.

Once you have received medical care, the next step is to gather as much information as possible about the accident. This includes details about the circumstances surrounding the incident, the equipment involved, and the condition of the site where the accident occurred. It’s also essential to take note of any witnesses who were present at the scene. This information will be helpful in proving your case.

Who is Responsible for Your Injuries?

Construction accidents can result from various factors, such as unsafe work conditions, defective equipment, or even human error. In New York, multiple parties could be responsible for your injuries. It might be the construction company, subcontractors, equipment manufacturers, or even the property owner. Understanding who is at fault in your case is essential in determining the next steps.

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Under New York law, the owners and contractors have a duty to provide a safe working environment. This includes ensuring that the site is free of hazards and that workers are properly trained in safety protocols. If safety regulations were not followed, or if the site was poorly maintained, it may strengthen your case. In many cases, these parties can be held liable for the injuries sustained due to negligence.

Additionally, if faulty equipment contributed to the accident, the manufacturer or distributor of the equipment might also be held responsible. In these cases, the legal process becomes more complicated, but it’s still possible to pursue a successful claim with the right legal support.

New York Labor Law and Construction Accidents

New York has specific labor laws in place to protect construction workers who are injured on the job. The most notable of these is Labor Law Section 240, often referred to as the “Scaffold Law.” This law holds property owners and contractors responsible for providing proper scaffolding and fall protection. If you were injured due to a fall from height, this law could play a significant role in your case.

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Another important provision of New York Labor Law is Section 241, which mandates that construction sites must comply with specific safety regulations. This includes ensuring that machinery and tools are in proper working order and that workers are adequately trained to use them. If these regulations were violated, they could serve as strong evidence in your case.

Understanding the nuances of these laws can be challenging, but they provide crucial protection for workers who have been injured on construction sites. With the right legal team by your side, you can ensure that your rights are protected under these laws.

How to Pursue a Claim for Compensation

After a construction accident, you may be entitled to compensation for your injuries. This compensation can help cover medical bills, lost wages, and pain and suffering. Pursuing a claim involves several steps, and it’s essential to have a skilled attorney on your side to navigate this process.

The first step in filing a claim is to determine who is liable for the accident. As mentioned earlier, this could be the property owner, contractor, subcontractor, or even the manufacturer of defective equipment. Once the liable party is identified, your attorney will help gather evidence to build a strong case. This may include medical records, accident reports, witness statements, and expert testimony.

Your attorney will then negotiate with the responsible parties or their insurance companies to secure a fair settlement. If a settlement cannot be reached, your attorney may need to take the case to court. While this process can be lengthy and complicated, it’s important to remember that with the right legal representation, you can achieve a successful outcome.

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Workers’ Compensation and Other Benefits

In addition to pursuing a personal injury claim, you may be entitled to workers’ compensation benefits. New York requires most employers to carry workers’ compensation insurance to cover medical expenses and lost wages for employees injured on the job. However, workers’ compensation benefits typically do not cover pain and suffering or other non-economic damages.

It’s important to understand that workers’ compensation and personal injury claims are separate legal actions. If you file for workers’ compensation, you may still have the right to pursue a personal injury claim against third parties who contributed to your accident, such as a contractor or equipment manufacturer. Combining both claims can help you secure the full compensation you deserve.

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Why You Need a Construction Accident Attorney

Construction accidents can be complex, and the process of filing a claim can be overwhelming. That’s why it’s crucial to have an experienced attorney on your side. An attorney who understands New York’s construction laws can help you navigate the legal system and ensure that your case is handled properly.

A skilled attorney will handle all aspects of your case, from investigating the accident to negotiating with insurance companies and representing you in court if necessary. They will ensure that your rights are protected and that you receive fair compensation for your injuries. With the right legal team, you can focus on your recovery while they work tirelessly to secure the best possible outcome for your case.

If you or someone you know has been injured in a construction accident, don’t wait to seek legal help. At Andrews, Bernstein & Maranto, PLLC, we understand the physical, emotional, and financial toll that a construction accident can have on you and your family. Our team is dedicated to fighting for your rights and helping you get the compensation you deserve. Reach out to us today to schedule a consultation and start building your case with the help of experienced legal professionals. We are here to guide you every step of the way.

To learn more about this subject click here: Investigating Construction Accidents in New York: What You Need to Know

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