Looking for a Brooklyn Construction Accident Lawyer?
Should you hire one?
What are the essential elements you should know!
In this article, we will break down the legal profession “Brooklyn Construction Accident Lawyer” so you know all there is to know about it!
Keep reading as we have gathered exactly the information that you need!
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Table of Contents
Who Is A Brooklyn Construction Accident Lawyer
A Brooklyn construction accident lawyer is a legal professional knowledgeable in New York laws related to injuries and accidents that may occur on construction sites.
A person injured in the context of a construction accident (the plaintiff) or a person or company sued for damages (the defendant) in Brookly, New York, will typically hire a construction accident attorney to represent them.
Under New York laws, property owners and contractors can be held accountable for various types of accidents causing injuries.
Under the New York Industrial Code, there are many rules that must be observed on construction sites failure of which someone may get severely injured.
For example, contractors and construction companies are required to take measures to protect their employees and workers on construction sites.
If they fail to observe the NY law related to safety standards or other applicable rules, they may be held liable to compensate for damages a person may suffer resulting from a construction accident.
Do You Need A Construction Attorney in Brooklyn
The simple answer is that you do not need to have a “construction accident attorney” to represent you in the context of a construction injury claim.
Anyone has the right to file their own claim without the need of hiring a lawyer.
The advantage is that you may save money on legal fees.
One the other hand, the drawback is that you will need to do a lot of research to understand the applicable construction laws, statutes, rules, regulations, decrees and so on.
The most important advantage is that you are working with a legal professional who is trained in construction laws, understands construction accidents, and has dealt with construction accident claims and lawsuits.
As a result, the Brooklyn construction accident attorney can provide you with:
- Consultation on your rights and obligations
- Advise you on the specifics of a construction accident
- Review evidence and records of accident to assess fault
- Review medical records and deal with medical healthcare professionals
- Identify gaps in a plaintiff’s case or defendant’s defense
- Negotiate with other parties like opposing counsel, insurance companies and other
- Draft and file a construction accident lawsuit or defend against one
- Negotiate the best possible settlement or have the case dismissed
- Review police reports and witness statements
- Assess the OSHA investigation report
- Handle Workers’ Compensation file
- Investigate safety protocols, records and reports
Common Types of Construction Accidents
In the state of New York, construction work can be quite dangerous.
According to OSHA reports, one in five job-related deaths occur in construction!
New York is famous for its skyscrapers and high-rise buildings, bridges, and different types of real estate properties.
Every construction project requires skilled individuals to perform their work in a diligent and coordinated manner to avoid accidents and minimize risk on the job.
Here are some of the most common accidents reported on construction sites:
- Brazing accidents
- Building collapse
- Collapse of scaffolding
- Crane accidents
- Cutting accidents
- Defective equipments
- Defective products
- Dumpster accidents
- Elevator accidents
- Fall off of a ladder
- Falling objects
- Forklift accidents
- Gas explosions
- Hazardous material
- Logging accidents
- Slip and fall
- Trip and fall
- Welding accidents
We are giving you a non-exhaustive list of the different types of accidents that may take place on the construction site or job but there may be many more.
Under the New York Scaffolding Law, property owners, general contractors, and construction companies are responsible for injuries caused to laborers when it is caused by or on:
- Other devices
If you have been injured in a Brookly construction accident or someone claims that you are liable for injuries, it’s best to consult with an experienced attorney to better understand your rights and obligations.
Common Types of Injuries From Construction Sites
Depending on the type of accident and circumstances, in the best case scenario, a person or worker may walk away with a few scratches.
However, in other cases, severe injuries may be suffered leading to catastrophic outcomes or even death.
Since construction work is a dangerous type of work, those working on construction sites or physically on site are exposed to different types of injures, such as:
- Back injury
- Broken bones
- Crushed limbs
- Degloving injury
- Eye injury
- Fractured bones
- Head injury
- Limb amputation
- Neck injury
- Soft tissue damage
- Spinal cord damage
- Traumatic brain injury
A person suffering a catastrophic injury on a construction site may see his or her life change forever.
Some may have to live with paralysis, others chronic physical pain, scars, or even psychological issues.
The best construction accident lawyer Brooklyn has the ability to quickly investigate the accident, assess your injuries, and advise you as to how to seek compensation or get a fair settlement.
Liability For Construction Site Accident Damage
Determining who is at fault and liable for damages caused by a construction accident may not be easy and will potentially require the services of qualified lawyers and law firms.
There are many parties involved and working on construction projects or have directly or indirectly contributed to decisions made on the site, such as:
- General contractors
- Equipment manufacturers
- Property owners
- Government agencies
- Third parties
Anyone who was negligent, reckless, or committed a wrongful act can be held liable to compensate for damages caused.
There are many laws, statutes, and regulations that may apply, such as labor laws for employees who were involved in an accident on the job.
For example, here some relevant laws that are worth mentioning:
- Section 200 New York Labor Law provides protection to workers and visitors on a job site
- Section 240 New York Labor Law, known as the “Scaffolding Law”, protects construction workers who fall or are struck by falling objects
- Section 241 New York Labor Law relates to demolition and excavation activities and the equipment used in this context
If an employee suffered injuries on the job, he or she will be able to claim workers’ compensation benefits under New York labor laws.
The employee’s remedy is limited to the coverage provided by the workers’ compensation.
The benefit is that the employee can obtain compensation benefits under the workers’ compensation program, however, he or she would not be able to sue the employer for damages exceeding the compensation benefits.
In certain cases, your “construction” accident lawyer may advise you on the possibility of filing a personal injury lawsuit against other parties implicated in the accident.
For example, if the accident was caused by defective equipment or the negligence of a third party, a personal injury claim may be filed against the manufacturer or the negligent person directly.
Deadline For Filing A Construction Accident Claim In New York
Under New York laws, there are strict deadlines to observe when you are considering the filing of a personal injury claim or workers’ compensation claim.
If you are looking to file a workers’ compensation claim, the employee who was the victim of an accident must notify his or her employer within thirty days of the accident.
Once the notification is given, he or she will have up to two years to file a formal claim.
If a person is looking at filing a personal injury lawsuit against another company or individual, the law in NY provides that such lawsuits must be filed within three years of the accident date.
It’s crucial that the deadlines for filing a claim are respected, otherwise, the plaintiff’s ability to legally claim any damages will be time barred due to the application of statute of limitations laws.
Damages Available To Injured Construction Workers In Brooklyn
Every case should be evaluated by a qualified attorney to assess the exact type of damages an injured worker may claim following an accident on a construction site.
For instance, claims to recover under the workers’ compensation damages will cover things like:
- Medical bills
- Lost wages
Personal injury lawsuits against parties who are not the employer, co-worker, or colleague, can include additional damages such as:
- Pain and suffering
- Emotional distress
- Post-traumatic stress disorder
- Loss of enjoyment of life
- Nursing care
As you can see, claims under the workers’ compensation program are more limited than personal injury lawsuits.
By seeking the advice and guidance of a good “construction accident” attorney, the victim of an accident can assess what type of damages can be recovered and from whom (worker’s compensation, insurance companies, product manufacturers etc).
Hiring A Brooklyn Construction Accident Lawyer
Hiring an attorney in Brookly to deal with construction injuries and accidents may be an important decision.
Many lawyers and law firms practicing in the areas of construction accidents will work on a contingency fee basis provided you have a reasonable chance of success as a plaintiff.
In other words, they will take on the case without charging you any fees.
Rather, if they win and obtain a settlement or award, they will take a percentage of the recovery as compensation for their work.
In other cases and perhaps when representing defendants who do not have an expectation of getting a recovery, the Brookly lawyers and law firms may work on an hourly fee basis.
This means that they will charge a mutually agreed rate for every hour worked on the file.
Depending on your case, whether you are a plaintiff or a defendant, you should contact a few lawyers and law firms experienced in the area of construction, workers’ compensation, and personal injury to get quotes for their services.
Ultimately, you should choose the lawyer that you feel can provide you with the best legal representation services so you can succeed in your claim.
Construction Accident Lawyer Brooklyn Takeaways
So what is the legal definition of Brooklyn Construction Accident Lawyer?
Let’s look at a summary of our findings.
Brooklyn Construction Accident Lawyer
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