How Can A Construction Injury Attorney Help With Compensation?
Hurt in a Construction Accident? A Work Injury Attorney Can Help With Compensation
In New York, there are a number of claims you can pursue with the help of a construction accident attorney in the Bronx:
– Personal injury: To claim this, you must establish that the injury was caused by the negligence of a third party. You can recoup not only past and future medical costs, but also pain and suffering, lost earnings, and lost wage capacity, among other things.
– Wrongful death: If you’ve lost a family member in a construction accident, you can file a wrongful death suit to recoup some costs. These include pain and suffering, lost wages and benefits of the deceased, lost inheritance, and the lost value of the deceased’s parental care.
– Workers’ compensation: If you are injured while working at a construction site and unable to work for more than seven consecutive days, you can claim some of those lost wages. A formula is used to calculate the maximum amount you can claim.
– Product liability: This is the claim you would file if your injury is due to a defective product. It must establish that the product was dangerous when it left the manufacturer’s control and that there was no warning of danger.
How The Law Helps Recover On The Job Damages
Thankfully, the law is on your side if you need to file one of these claims. New York state law favors construction workers and requires that employers provide workers with protection for a number of construction-related activities, especially those that could involve a fall.
That doesn’t mean you should go without help when filing your claim. To help you establish any necessary negligence or liability, as well as to ease your burden as you recover from your injury, you should have an injury attorney by your side. It’s also important to determine whether you can file a lawsuit. If your employer has workers’ compensation insurance, you may be limited if the incident was an accident.
You can call our law firm today, so we can talk about your case and help you identify your options. As experts in personal injury law, we fully understand state and federal regulations, your rights, and the New York laws that will help you win your claim and get back to living your life.
If you’ve been involved in a construction accident and are interested in learning more about your rights and benefits, we are here to help. Contact your Bronx Construction Accident Attorney, the Law Offices of Stuart M. Kerner, P.C., located in the Riverdale – Kingsbridge section of the Bronx, we’ll investigate and negotiate with the insurance company of the negligent party and work on settling your claim and obtaining compensation for your injuries and pain and suffering. If you would like a legal opinion on the potential value of your matter or have a question about your rights, contact one of our lawyers at (718) 796-7900 to schedule a FREE Consultation online so we can evaluate your personal injury case.
Construction Worker Accidents with Ladders
According to safety authorities such as OSHA and the Centers for Disease Control and Prevention, in the construction industry, falls from ladders remain the leading cause of unintentional fatalities across the country. In the last decade, 43% of fatal falls involved a ladder, and the unsafe use of ladders is often cited as the cause. OSHA (Occupational Safety and Health Administration) reports that almost one-third of the annual fall-related deaths in construction involve a ladder.
With the amount of construction work happening around New York and areas like the Bronx, many workers are at risk of workplace injury. Ladders are inexpensive and easy to use, however, safety is paramount and caution needs to be followed whenever they’re being used.
The height from which you fall does not always determine the severity of an injury. Even falling from the first few rungs of a ladder can be fatal under the right circumstances – what is hit and how you land. Safety authorities like OSHA suggest that alternatives to ladders should be considered where possible because of the risk of an accident.
The length of the ladder must always fit the height of the elevated area. Ladders that are too long can be unstable, even when securely placed.
Some precautions you can take:
- Rather than working on a ladder while standing sideways, consider a platform step ladder as a safer option, especially if working at an elevated level for a long time.
- Check for oil, grease, or other slipping hazards on the steps or rungs.
- Use only on stable and level surfaces.
- Do not use it on a slippery surface.
- Avoid placing the ladder where it can be hit by other workers or traffic.
- Do not move a ladder when someone is on it.
- Do not stand on the top step of a stepladder.
- Avoid ladders with missing or corroded rungs.
- Climb up and down facing the ladder.
- Avoid carrying heavy or bulky loads.
Despite the best precautions, construction accidents still occur. The state of New York workers’ compensation system is a no-fault program that pays benefits to workers regardless of who was to blame.
Construction-related businesses in New York and surrounding areas like The Bronx must offer workers’ compensation coverage for all employees. Employees have a right to receive workers’ compensation benefits. You may also have a right to pursue a personal injury claim against other parties and contractors that are not your employer. An experienced attorney can show that the building owner, general contractor, or other contractors were liable for your accident happening and you suffering injuries. This may become a Labor Law cause of action. You will want to have an experienced Labor Law attorney like the Law Offices of Stuart M. Kerner working for you. Our office deals with labor and construction accident cases and will be able to assist you in obtaining both Workers’ Compensation benefits and recovery for your personal injuries
About The Law Offices of Stuart M. Kerner
If you’ve been injured and are looking to obtain the best possible outcome in your situation, the Law Offices of Stuart Kerner P.C. in The Bronx can help you. Our firm has obtained favorable results for injury victims and their families throughout the state of New York in personal injury cases such as auto accidents, oilfield accidents, traumatic brain injuries, and serious personal injuries.
Our law firm offers a free consultation to discuss your accident and review the legal remedies available to you. We’re available 24/7 to answer any questions you may have about your case. Above all, you shouldn’t feel alone and isolated after an accident. If you’ve been hurt in an accident, we’ll come to you. Our attorney can travel to your home or hospital, at your request.