Leading Construction Accident Lawyer in New York – Protecting Workers' Rights

From busy retail outlets to apartments and office complexes, a slip and fall accident can happen anytime and anywhere in Manhattan. These falls result in a range of injuries, from simple cuts to severe, life-changing injuries that leave victims with mounting medical bills, burdens, and lasting pain. But who should be held responsible? In Manhattan, New York, if you have been injured by a slip and fall accident, the circumstances may entitle you to significant compensation. However, claiming this compensation requires you to navigate New York’s complex insurance and legal systems, which often requires the guidance and assistance of Manhattan slip and fall attorneys.

The Role of a Manhattan Slip and Fall Attorney

Construction is arguably one of the most hazardous professions out there, and the injuries workers sustain in construction accidents are very likely to be severe and life-altering. If you’ve been hurt on the job at a construction site in Manhattan or anywhere else in New York, the law states that you may be entitled to compensation. However, getting this compensation is often an uphill battle, and the other side will do everything they can to reduce your compensation. Therefore, making sure you get the compensation you need and deserve will require the skills and expertise of a Manhattan construction accident lawyer.

The Role of a Manhattan Construction Accident Lawyer

At the Law Office of Eli Shmulik, we understand how life-changing a construction accident can be. Our team of Manhattan construction accident lawyers is always ready and willing to stand by you, protect your rights, and fight for the compensation you deserve. We want to make the entire process as simple as possible for you. As part of that, our lawyers will:

• Provide the initial consultation free of charge.
• Work on a contingency basis, with no hidden costs.
• Conduct a detailed investigation into the particulars of your construction accident.
• Gather all relevant evidence and accurately assess your damages.
• Take care of all the paperwork and procedural requirements in a timely manner.
• Enter into negotiations with insurance companies and defense attorneys to reach a fair and equitable settlement.
• Stand firm as advocates of your rights and interests in court.

Common Causes of Construction Accidents in Manhattan

Although safety in and around construction sites has improved significantly, it still remains an industry with one of the highest rates of injury. If you were to look into all the construction accidents in Manhattan, or anywhere else for that matter, you would realize that most of them are caused by the same set of causes. OSHA calls these causes the “fatal four,” and they are:

• Falls
• Struck-by objects
• Electrocutions
• Caught in/between objects

These accidents are greatly precipitated by inadequate safety training among construction workers, lack of personal protective equipment, and the maintenance of unsafe work practices. Addressing these core issues can go a long way to reduce the likelihood of construction accidents.

Common Injuries Seen in Construction Accidents

Due to the nature of the work and equipment involved in construction sites, the injuries sustained by workers in constructions accidents are often severe and life-altering, Such injuries include:  

• Traumatic brain injury
• Major/Permanent loss of hearing and vision
• Spinal cord injuries and paralysis
• Nerve damage
• Damage to tendons and ligaments
• Fractures and broken bones
• Amputations
• Burns and Electrocution injuries

Steps to Take in the Aftermath of a Construction Accident

When you submit your construction accident claim, there will be an investigation to see whether the events transpired as you described. This insurance company will go through the chain of events with a fine-tooth comb, and if they find reason to believe that you were at fault in any capacity, they may reduce your claim. Therefore, as Manhattan construction accident lawyers, we cannot stress the importance of your conduct in the aftermath of the accident when it comes to protecting your health and rights and maximizing your compensation. There are several crucial steps that need to be taken, and they include:

• Seeking immediate medical attention for your injuries and to prevent further complications.
• Reporting the incident to your superiors. New York law requires workers to report accidents within 90 days from the incident.
• If possible, collecting any and all available information while at the scene of the accident. The strength of your claim depends on the evidence you present.
• Contact a Manhattan construction accident lawyer to understand your rights and liabilities.
• Do not admit fault or apologize. Admissions and apologies can be used as justification for reducing compensation.
• Do not post about the accident on social media.
• Do not make any official statements or representations without clearance from your attorney.
• Do not accept the first settlement offer presented by the insurance company. It's a well-known fact that the amount is significantly lower than what you deserve.

Laws that Govern Construction Accidents (Heading 04)

As a part of New York, construction workers in Manhattan can rely on both state and federal laws to protect their rights. The federal institute responsible for the task is the Occupational Safety and Health Administration (OSHA). On the other hand, New York State’s responsibility is handled by institutions such as the New York Department of Labor and the New York State Worker’s Compensation Board. Some noteworthy New York labor laws include:

• Labor Law 200
• Labor Law 240
• Labor Law 241

Types of Actions in Construction Accident Cases (Heading 04)

Worker’s Compensation

If you are a construction worker in Manhattan, you can present your case to the New York State Worker’s Compensation Board. It is the body responsible for handing compensation for workers injured in the workplace. It’s a no-fault and fast-track system, where proving the other party's fault is not required.

However, there are limits to what you can achieve with a worker’s compensation claim. The lost wages benefit is typically around ⅔ of what you might have earned by working. Unfortunately, the costs associated with severe injuries may not be covered by this compensation.

Personal Injury

With the aid of a Manhattan construction accident lawyer, you can file a personal injury lawsuit against the at-fault party. To succeed in a personal injury case, you prove the existence of a duty of care, the breach of this duty by the at-fault party, and how said breach caused the accident that resulted in your injuries.

Wrongful Death

If the  construction accident causes a wrongful death, the executor of the deceased individual’s estate can file a wrongful death lawsuit against those at-fault party. The lawsuit will be on behalf of the surviving family members, and the compensation obtained will be distributed on priority among the surviving family members.  

Damages Claimed in Construction Accidents

As part of your claim or lawsuit, you must present a value that you want as compensation for your injuries. To determine this value, our Manhattan construction accident lawyers will go through the evidence and account for all the tangible and intangible losses you’ve suffered. Therefore, the final compensatory amount will be justified based on a combination of economic, non-economic, and sometimes punitive damages.

Economic damages such as medical expenses, loss of wages, and damage to property account for the losses with defined financial values, while non-economic damages such as those for pain and suffering, loss of enjoyment of life, and loss of consortium account for losses without a clearly defined value.

The court on rare occasions may award punitive damages if it deems the defendant's conduct especially reckless or negligent. The damages are intended to punish the defendant and deter similar conduct in the future.

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