If you’ve been injured by falling debris at a construction site in New York, you might be feeling overwhelmed and unsure about what steps to take next. The pain, confusion, and worry that come with such an injury can make it difficult to focus on what you need to do to protect your rights and get the compensation you deserve. Whether you were a worker on the site or a passerby, it’s important to take immediate action to secure your future and pursue the legal options available to you.
At times like this, you need someone who can help you navigate the complexities of a personal injury case. The legal process may seem like a maze, but you don’t have to go through it alone. Our team is here to provide you with guidance, support, and the help you need to achieve the best possible outcome. We understand the challenges you are facing, and we are ready to help you get the justice you deserve.
Understand the Risks of Construction Sites
Construction sites are filled with dangers. Heavy equipment, moving vehicles, scaffolding, and ongoing projects all contribute to a hazardous environment. One of the most common causes of accidents on these sites is falling debris. Whether it’s tools, materials, or parts of the building itself, debris falling from height can lead to serious injuries. Workers are often at the greatest risk, but anyone near a construction site can also be harmed.
The risks are even higher if proper safety precautions are not followed. Construction companies are required by law to provide a safe working environment, but not all sites meet those standards. Whether you’re a worker or a visitor, if falling debris causes harm, it’s critical to understand how the legal system can hold the responsible parties accountable.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Anthony
Iacono
Attorney
Robert J.
Maranto, III
Attorney
Steps to Take Immediately After the Injury
The first thing you need to do after being injured by falling debris is to seek medical attention. Even if the injury seems minor, it’s important to get checked out by a medical professional. Sometimes, injuries like concussions, broken bones, or internal injuries aren’t immediately obvious. Prompt treatment will not only help ensure your recovery, but it will also provide essential documentation that can be used in your case.
Once you’ve received medical care, your next step should be to document everything about the incident. If possible, take photos of the scene, the debris that caused the injury, and any visible injuries. Write down the details of the accident while it’s still fresh in your mind. If there were any witnesses, make sure to get their contact information as well. This documentation will be invaluable when it comes time to build your case.
It’s also crucial to report the incident to the appropriate parties, such as your employer or the site supervisor. If you’re a worker, this may involve filing a workplace injury report. If you were a visitor or passerby, you should report the accident to the site manager. This creates a record of the event and ensures that the proper steps are taken to address the safety hazards on the site.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
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Investigating Liability and Responsibility
In New York, the law allows individuals injured at construction sites to seek compensation from the parties responsible for the unsafe conditions. After an accident involving falling debris, determining who is at fault is a critical part of the process. The liable party could be the construction company, the general contractor, the property owner, or even subcontractors who were working on the site.
Construction sites are regulated by strict safety laws, and these regulations are there to prevent accidents like yours. If these laws were not followed—whether it was by failing to secure materials, provide proper safety equipment, or conduct routine inspections—the party responsible for the violation could be held liable for your injury.
In some cases, your own employer might be responsible, especially if they failed to provide a safe working environment. However, it’s also possible that a third-party company, like a subcontractor or even the property owner, could bear responsibility if they contributed to the hazardous conditions.
Workers’ Compensation vs. Personal Injury Claims
If you were injured while working on a construction site, you may be eligible for workers’ compensation benefits. Workers’ compensation is designed to provide financial support for medical bills, lost wages, and rehabilitation expenses after an injury. However, workers’ compensation does not cover pain and suffering, and it might not fully compensate you for all the losses you experience due to the accident.
In some situations, you may be able to file a personal injury lawsuit in addition to workers’ compensation. If a third party, such as a subcontractor, property owner, or equipment manufacturer, was responsible for the falling debris, you might be able to pursue a personal injury claim against them. This could allow you to recover compensation for things like pain and suffering, emotional distress, and long-term disability, which workers’ compensation does not cover.
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Steps to File a Personal Injury Claim
It’s important to note that if you’re a non-worker who was injured by falling debris, workers’ compensation laws won’t apply to your case. However, you could still file a personal injury lawsuit against the party or parties responsible for the accident. This is where it becomes essential to have legal guidance to determine your best course of action.
The Importance of Gathering Evidence
To successfully pursue a case for injuries caused by falling debris at a construction site, you need strong evidence to support your claims. The documentation you collect right after the accident is a good starting point, but it’s also important to gather additional evidence to prove negligence or unsafe practices.
The construction site itself is a critical piece of evidence. If possible, take pictures of the site, the area where the debris fell, and any damaged equipment or structures. You should also request a copy of the accident report filed by the site supervisor or your employer. These documents often contain critical information about the circumstances of the accident.
In addition to photographs and reports, it’s essential to speak with witnesses who can confirm your version of events. This could include coworkers, visitors, or even pedestrians who were in the area when the debris fell. Witness testimony can be a powerful tool in proving that the accident was caused by negligence or unsafe conditions on the site.
Verdicts & Settlements
Legal Help Can Make a Difference
The legal process following an injury at a construction site can be complex, especially when it involves determining who is liable for the accident and proving negligence. You don’t have to face these challenges alone. An experienced attorney can help you understand your rights, guide you through the process, and ensure that you have the best chance of success in your case.
If you’ve been injured by falling debris at a construction site in New York, it’s essential to act quickly to preserve your rights and build a strong case. The sooner you begin the legal process, the better your chances of receiving fair compensation for your injuries.
At Andrews, Bernstein & Maranto, PLLC, we understand how overwhelming this experience can be. Our team is here to provide you with the support and legal guidance you need to move forward. We will work tirelessly to ensure that those responsible for your injuries are held accountable and that you receive the compensation you deserve. If you’ve been hurt at a construction site, don’t hesitate to reach out to us for a free consultation. We are here to help you through this difficult time and fight for your rights.