Construction Site Accidents
Arcia & Associates, PC consists of dedicated workplace accident attorneys who can help people who have been injured on construction accidents get the money to which they are entitled. Whether it is a slip and fall on a cluttered worksite or an accident related to an equipment malfunction, you have the right to seek compensation for your injuries. In many cases, an injured worker can go beyond workers' compensation benefits to pursue additional forms of damages. Our New York construction accident lawyers have decades of experience and a strong track record of success to go with it. We are fluent in Spanish and are dedicated to serving immigrant communities. You should be aware that, even if you do not have legal status in the U.S., you still may be able to take legal action based on your injuries.
The reality of working on a construction site is that accidents can and do happen. Construction jobs often entail working at great heights, often on scaffolds or ladders, handling dangerous machinery, and spending long stretches of time in generally unfinished areas. Construction companies and the owners of the premises where the job is being performed are expected to take certain precautions to ensure safe working conditions, but they do not always do so, and even those moves may not be enough to avoid a mishap.Proving Liability for a Construction Accident
The reassuring news for a person injured on a construction site in New York is that they have the legal right to seek compensation from those responsible. The parties involved may include your employer, another contractor or subcontractor, the owner of the property where the accident happened, a manufacturer, or some combination of these. The damages available in construction accident cases may include compensation for medical bills, missed wages due to time away from work, and any reduction in your future earning capacity that results from your injuries. Additional compensation is often also available for past, present and future pain and suffering. A construction accident attorney can help New York workers make sure that they claim the full scope of damages that may be appropriate in their case.
Personal injury lawsuits arising from construction accidents are often based on claims of negligence. Building companies and property owners are generally expected to take certain steps to protect people on a work site. They are also liable for any injuries that happen as a result of a failure to live up to what courts call a "duty of care."
State law provides some very important additional protections for construction workers, based on the inherent danger that can come with their jobs. Section 240 of the Labor Law, for instance, imposes additional protections for workers who do their jobs at high elevations. These include people working on apartment buildings, office towers, and other skyscrapers. The law obligates contractors to provide certain equipment, like scaffolding, ropes, hoists, stays, and ladders, to prevent falls and lessen the impact when falls do happen.
A New York construction accident attorney also can help you bring a claim under Labor Law Section 241 if it applies to your situation. This law requires construction companies to provide specific equipment for excavation and demolition work, among other jobs. Sections 240 and 241 are strict liability laws. That means that a person injured in an accident needs only to show that the company failed to provide required safety equipment and that this failure contributed to the accident in order to be entitled to compensation.
Workers' compensation benefits are also often available in construction accident cases. It is important to inform your employer if you are injured on the job, but you should seek the advice and counsel of an experienced lawyer before accepting any settlement offer for your injuries.Contact an Experienced Construction Accident Lawyer in New York
At Arcia & Associates, PC, we are proud to be the state's largest minority law firm. We make sure that our clients can communicate directly with their attorneys without needing to go through interpreters, law clerks, and administrative staff. We offer clients personalized attention, taking the time to understand the individual circumstances involved in each case and keeping the people whom we represent apprised of their rights and options at every step of the way. We assist victims and their families throughout the New York City area, including in Queens, Manhattan, Brooklyn, the Bronx, and Westchester and Rockland Counties. Call us at 718-651-4363, or contact us online for a free consultation with an attorney.