If you were hurt or a loved one was killed while working at a construction site, it is important to know your legal options. Workers’ compensation may not be the only source of compensation available to you. You may be entitled to further financial recovery through a personal injury case if a third party’s negligence caused the Floral Park accident.
The construction accident lawyers at Rosenberg & Gluck L.L.P. are well-versed in the issues involved in construction site accident cases. We can investigate the accident and identify who may be liable for your injuries. Our team can help you pursue compensation for your lost income, lost earning capacity, pain and suffering, and more.
How Rosenberg & Gluck L.L.P. Can Help You After a Construction Accident
Whether you were injured or your loved one died in a construction accident, Rosenberg & Gluck L.L.P. can help. Our team can explore your options for seeking compensation with you and identify the best course of action.
Our lawyers serving Floral Park can:
- Identify the parties who may be liable for the accident
- Gather evidence to support your case
- Get witness statements
- Collaborate with your workers’ compensation lawyer
- File a personal injury case
- Handle discussions and settlement negotiations
- Complete and submit essential paperwork for trial
- Fight for financial recovery on your behalf
- Represent you during the personal injury lawsuit
- Take your case to trial if needed
How to Seek Financial Recovery After a Construction Site Injury
Construction jobs are notoriously dangerous. Workers contend with heavy machinery, powerful tools and equipment, and toxic chemicals, and they often work from great heights. If you or a loved one were injured while working in construction, you may be facing steep medical bills and additional financial burdens created by your inability to work or carry out your obligations.
Workers’ compensation may provide some restitution. However, it does not cover an injured worker’s full lost wages or non-economic damages like the worker’s:
- Physical and mental pain
- Loss of enjoyment life
- Scarring or disfigurement
A personal injury lawsuit could enable you to get a greater amount of compensation. You may be able to seek recovery through both of these legal avenues. A construction accident lawyer will pursue damages through a Floral Park personal injury case.
Types of Damages in a Construction Accident Injury Case
The amount of compensation that you could recover in a personal injury case against a liable third party depends on:
- How badly injured you were
- The financial impact of your injuries
- How long it will take you to recover
- Other related factors
The most common damages available in a construction accident injury case include:
- Lost wages and future lost wages you will incur due to follow-up medical care
- Lost earning capacity if your injuries forced you to change jobs or quit working
- Medical bills, including inpatient and outpatient care, physical therapy, occupational therapy, medical testing, surgery, physician appointments, specialist appointments, medical devices, medication, and more
- Non-financial damages, including your physical pain, mental anguish, disfiguration from amputations or scars, physical impairment, and emotional distress
Your Legal Options if Your Loved One Died in a Construction Accident
If your loved one died due to injuries from a construction accident, you may be able to take legal action on their behalf. You might be able to file a wrongful death lawsuit in addition to any workers’ compensation benefits you may be entitled to receive.
A wrongful death lawsuit may hold the liable party accountable and recover additional damages. The most common damages in a wrongful death construction accident case are:
- Funeral and burial expenses
- Medical bills
- Lost wages and benefits
- Lost financial support
- Lost services
- Losses experienced by the decedent’s children
- Pain and suffering the decedent suffered
New York Laws are Intended to Protect Construction Workers
There are specific laws designed to protect the rights of workers in the construction industry. The “Scaffolding Law” requires construction company owners and contractors to provide sufficient scaffolding, ladders, ropes, hoists, and other safety equipment (NY § 240).
New York labor law NY § 241 addresses demolition and excavation safety concerns. Injured construction workers may file legal actions under these laws in addition to their workers’ compensation claim.
Liable Third Parties for a Construction Accident
To bring a personal injury or wrongful death lawsuit, you must first identify who is responsible for the accident. Common liable third parties in construction accidents include:
- Contractors
- Subcontractors
- Drivers of motor vehicles
- Property owners
- Product manufacturers
- Architects
- Engineers
- Electricians
Deadlines for Construction Accident Injury and Death Cases in New York
Civil actions such as personal injury lawsuits and wrongful death actions must be filed before the statute of limitations, or deadline, expires. Per CPLR § 214, you generally have three years to file an injury lawsuit. Per EPTL § 5-4.1, you generally have two years to file a wrongful death lawsuit.
Some cases are subject to shorter deadlines. For example, if government negligence or the actions of a government employee caused the construction accident, the liable party may be a municipality.
In this situation, you would need to file a notice of claim within 90 days of the accident. Speak to Rosenberg & Gluck L.L.P. as soon as possible so that you do not miss important deadlines.
Contact Rosenberg & Gluck L.L.P. for a Free Case Review Today
Construction accidents often lead to painful, debilitating injuries. If you were hurt or if a loved one died on the job, you may be able to seek compensation through a third-party liability claim in addition to a workers’ compensation claim.
The construction accident lawyers at Rosenberg & Gluck L.L.P. handle construction accident cases in Floral Park and the surrounding areas. Our team can help you identify who is liable for your accident, obtain evidence and witness statements, and fight for compensation.
Rosenberg & Gluck L.L.P. takes cases on a contingency-fee basis, and we can assist clients in Spanish. Call (631) 451-7900 today for a free case evaluation.
