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 isn’t your typical workplace; with all the heavy machinery, vehicles, and equipment working around the clock, the chances of there being an injury are extremely high. Therefore, it should come as no surprise that construction is one of the top five industries with the highest injury rates in the world. If you’ve been injured while on the job at a construction site, you may be entitled to compensation, and you will undoubtedly need the help of an experienced New York construction accident lawyer to get it as soon as possible.

The Role of a New York Construction Accident Lawyer

If you’re a construction worker and have suffered a construction injury, your entire livelihood could be in jeopardy. While New York may entitle you to recover compensation, the insurance schemes and laws that are designed to protect the workers are complex, and you would be facing an uphill battle. At the Law Office of Eli Shmulik, our New York construction accident lawyers understand how life-changing these accidents can be. As part of our mission to protect worker’s rights, we are ready to stand by your side and fight for the compensation you rightfully deserve. We 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.
• Engage in 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 New York

It goes without saying that safety on construction sites has improved by leaps and bounds. However, despite all these advanced safety measures, the construction industry has one of the highest rates of injury in all of the US. OSHA has dubbed the most common causes as the “fatal four.” They are:

• Falls—These are the most common cause of construction accidents among the fatal four.
• Struck-by objects—Being struck by falling tools, debris, heavy machinery, and moving vehicles.
• Electrocutions—Unsafe handling of electrical equipment, exposed power lines, and faulty wiring.
• Caught in/between objects— Trapped between heavy equipment, caught in machinery, crushed by collapsing structures.

These accidents, most of which are preventable, are primarily caused by inadequate safety training among construction workers, failure to provide personal protective equipment, and the maintenance of unsafe work practices. Addressing these issues can significantly contribute to reducing the likelihood of construction accidents.

Common Injuries Seen in Construction Accidents

Construction sites are dangerous workplaces, and construction injuries are often severe and life-threatening. The Fatal Four, as OSHA calls it, often results in one or more of the common injuries that we’ve listed below:

• 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

We understand that these accidents can be sudden and overwhelming, leaving you unsure of what to do next. However, when deciding on your compensation, New York insurance and law will look into your actions in the immediate aftermath of the incident. Therefore, protecting your health, your rights, and the ability to claim compensation will require you to follow some crucial steps. They include—

• Your health is your number one priority. Therefore, seek immediate medical attention to treat your injuries and prevent further complications.
• Make sure to report 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.
• Contact a New York construction accident lawyer to understand your rights and liabilities.
• Do not admit fault or apologize. These admissions can be used as justification for reducing your compensation.
• Do not post about the accident on social media.
• Do not make any official statements or representations without first clearing it with your attorney.
• Do not accept the first settlement offer presented by the insurance company.

Laws that Govern Construction Accidents

In New York, construction workers can rely on both state and federal law to protect their workers rights. The Occupational Safety and Health Administration (OSHA) is the federal institute that is responsible for the protection of workers rights, while the New York Department of Labor and New York State Worker’s Compensation Board enforce state law.

Some notable NY State labor laws include:

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

Types of Actions in Construction Accident Cases

Worker’s Compensation

Before filing any lawsuit, 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, like in construction accidents. It’s a no-fault and fast-track system, where proving the other party's fault is not required.

However, there are limits to the benefits and the duration for which you will receive them. Furthermore, a 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 New York construction accident lawyer, you can file a personal injury lawsuit against the responsible party. To succeed in a personal injury case, you prove the existence of a duty of care, the breach of this duty by the accused, and how said breach caused the accident that caused your injuries.

Wrongful Death

In the unfortunate situation where the construction accident caused a wrongful death, the executor of the deceased individual’s estate can file a wrongful death lawsuit against those responsible. The lawsuit will be on behalf of the surviving family members, and the compensation obtained will be divided amongst the family members based on a system of priority.  

Damages Claimed in Construction Accidents

When presenting a value to your claim or lawsuit, a New York construction accident lawyer will take into account all the tangible and intangible losses you’ve suffered as a result of the injury. As such, the final compensation value will be a combination of all the economic, non-economic, and punitive damages.

Economic damages account for the losses that have defined value, such as medical expenses, loss of wages, and damage to property. Non-economic damages compensate for losses that do not have a set financial value. These include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

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.

‍