Queens New York Construction Accident Lawyers

At Polsky, Shouldice & Rosen, P.C., we stand as a pillar of legal excellence and advocacy for those affected by construction accidents in Queens, NY. Our firm is anchored by a team of seasoned construction accident lawyers who possess a profound understanding of New York’s complex construction and workplace safety laws. With years of experience and a deep commitment to our clients, we navigate the intricacies of each case with precision, advocating tirelessly for the rights and compensation of those injured on construction sites. Our approach is grounded in a comprehensive analysis of each incident, ensuring we offer personalized and effective legal strategies tailored to the unique circumstances of every client.

Understanding the devastating impact a construction accident can have on individuals and their families, our mission extends beyond mere legal representation. We strive to provide a beacon of hope and a path to justice for our clients, offering them the support, guidance, and expertise needed to navigate these challenging times. Our dedication to excellence, combined with our compassionate approach, makes Polsky, Shouldice & Rosen, P.C., not just legal advisors but trusted allies. In the bustling borough of Queens, NY, where the construction industry thrives amidst an ever-evolving skyline, we stand ready to defend the rights of workers and ensure they receive the compensation and care they deserve, fostering a safer environment for all.

construction accidentThings To Know When Filing A Construction Accident Claim

When dealing with the aftermath of a construction accident, it’s essential to arm yourself with the right information and resources. At Polsky, Shouldice & Rosen, P.C., we understand the complexities involved in filing a construction accident claim. With our expertise, especially in the Queens, NY, area, we aim to guide you through the crucial aspects of this process, ensuring your rights are protected and you receive the compensation you deserve.

Understanding Your Rights and Responsibilities

First and foremost, it’s imperative to understand that construction accidents can significantly impact your health, livelihood, and future. In the wake of an accident, knowing your rights is the first step towards securing your well-being. As construction accident lawyers in Queens, NY, we emphasize the importance of being aware of both state and federal safety regulations. These laws are designed to protect workers, and when they are not adhered to, it creates a basis for claims.

Immediate Steps to Take After an Accident

After a construction accident, the initial steps you take are critical. We advise our clients to seek medical attention immediately, regardless of the perceived severity of their injuries. Documenting your injuries and the circumstances surrounding the accident is vital. This includes taking photographs of the accident scene, if possible, and obtaining contact information from witnesses. Reporting the accident to your employer is also a mandatory step that should not be delayed. These initial actions lay the groundwork for a successful claim.

Choosing the Right Construction Accident Lawyer

The selection of a construction accident lawyer is a pivotal decision in the claims process. At Polsky, Shouldice & Rosen, P.C., we have a dedicated team of professionals specializing in construction accident claims. Our expertise in navigating the legal system in Queens, NY, coupled with our commitment to our clients, makes us a formidable ally. We understand that each case is unique and requires a personalized approach, ensuring the best possible outcome for our clients.

Understanding Compensation and Damages

Understanding the types of compensation and damages available is crucial. Construction accident claims can cover a wide range of damages, including medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages. Our role as your construction accident lawyers is to thoroughly assess the impact of the accident on your life and to seek compensation that reflects the true extent of your losses and suffering.

The Importance of Timely Filing

Timing is of the essence when filing a construction accident claim. There are statutory deadlines, known as statutes of limitations, which dictate the timeframe within which a claim must be filed. Failing to adhere to these deadlines can result in the loss of the right to claim. We prioritize ensuring that all necessary documentation and filings are completed well within these legal timeframes, protecting your right to compensation.

Navigating the Legal Process

The legal process can be daunting, especially when recovering from an injury. Our team at Polsky, Shouldice & Rosen, P.C., is dedicated to shouldering this burden on your behalf. From the initial consultation through to litigation, if necessary, we provide comprehensive support and guidance. Our approach is not only to advocate for your rights but to educate you about the process, ensuring you are informed and empowered at every step.

Construction Accident Compensation

Navigating the complex landscape of construction accident compensation requires a seasoned legal perspective. At Polsky, Shouldice & Rosen, P.C., our collective expertise as construction accident lawyers in Queens, NY, positions us uniquely to guide those affected by construction accidents through the intricate process of securing the compensation they rightfully deserve. Below, we outline key considerations and steps involved in the journey towards achieving fair compensation for victims of construction accidents.

Understanding the Types of Compensation

Construction accidents can lead to significant physical, emotional, and financial hardships. It’s crucial to understand the types of compensation available:

  • Medical Expenses: This includes costs incurred for immediate medical treatment post-accident and future medical care, including surgeries, rehabilitation, and any necessary medical equipment.
  • Lost Wages: If the injury results in time away from work, compensation can cover lost wages. This also extends to diminished earning capacity if the victim cannot return to the same level of work.
  • Pain and Suffering: Beyond the physical injuries, victims are entitled to compensation for the pain and suffering endured, which covers both physical pain and emotional distress.
  • Punitive Damages: In cases where the negligence was particularly egregious, punitive damages may be awarded as a deterrent against future negligence.

Workers’ compensation often serves as the initial source of compensation for construction accident victims. It is designed to provide swift relief for medical expenses and lost wages without the need to prove fault. However, workers’ compensation may not fully address the total impact of your injuries, particularly regarding pain and suffering or full compensation for lost wages. This is where the expertise of a dedicated construction accident lawyer becomes indispensable.

Exploring Third-Party Claims

In many construction accidents, parties other than the employer (such as subcontractors, equipment manufacturers, or property owners) may bear some responsibility for the incident. Pursuing third-party claims can open additional avenues for compensation that go beyond the limitations of workers’ compensation. These claims require thorough investigation and a deep understanding of construction industry standards and regulations, areas in which Polsky, Shouldice & Rosen, P.C., excels.

The Importance of Legal Representation

  • Expert Guidance: Navigating the claims process can be complex and intimidating. Our team provides expert guidance, ensuring you understand your rights and the compensation you’re entitled to.
  • Investigation and Evidence Gathering: We meticulously investigate the circumstances surrounding your accident, gathering the necessary evidence to build a strong case.
  • Negotiation with Insurance Companies: Our experience in dealing with insurance companies allows us to negotiate effectively, ensuring you receive the maximum compensation possible.
  • Litigation: Should negotiations fail, our skilled litigators are prepared to represent your interests in court, fighting tirelessly for your rights.

Timely Action is Critical

It’s important to act quickly after a construction accident. Statutes of limitations impose strict deadlines for filing claims, making timely action essential. Engaging with a construction accident lawyer in Queens, NY, early in the process ensures that your claim is filed within these deadlines, preserving your right to compensation

Proving Negligence

In the realm of personal injury law, proving negligence is the cornerstone of securing compensation for victims. At Polsky, Shouldice & Rosen, P.C., as experienced construction accident lawyers in Queens, NY, we are intimately familiar with the challenges and intricacies of demonstrating negligence in construction accident cases. The process involves a meticulous approach to gathering evidence, understanding legal standards, and articulating the sequence of events that led to the injury. Here, we outline the essential steps and considerations involved in proving negligence in a legal context.

Understanding Negligence

Negligence is a legal theory that forms the basis of many personal injury claims, including construction accidents. It involves four key elements:

  • Duty of Care: Establishing that the defendant owed a duty of care to the plaintiff. In construction settings, this could involve obligations to maintain a safe work environment.
  • Breach of Duty: Demonstrating that the defendant failed to fulfill their duty of care.
  • Causation: Linking the defendant’s breach of duty directly to the plaintiff’s injuries.
  • Damages: Proving that the plaintiff suffered actual damages, such as physical injury or financial loss, as a result of the breach.

The Process of Proving Negligence

Successfully proving negligence requires a strategic and evidence-based approach. At Polsky, Shouldice & Rosen, P.C., we employ the following methodologies:

  • Collection of Evidence: Gathering comprehensive evidence is crucial. This includes photographic and video evidence of the accident scene, eyewitness accounts, and records of environmental conditions.
  • Expert Testimony: Utilizing experts in construction safety, medical professionals, and accident reconstruction specialists to provide authoritative testimony on the standard of care expected and the breach that occurred.
  • Documentation of Injuries and Damages: Compiling medical records, bills, and documentation of lost wages to substantiate the extent of the injuries and financial impact.

Common Challenges in Proving Negligence

Proving negligence is not without its challenges. These can include:

  • Complexity of Construction Sites: The dynamic and complex nature of construction sites can make it difficult to pinpoint responsibility.
  • Multiple Parties: Construction projects often involve multiple contractors and subcontractors, complicating the process of identifying who held the duty of care.
  • Comparative Fault: In some cases, the defense may argue that the plaintiff was partially responsible for their own injuries, potentially reducing the compensation they can receive.

Causes of Construction Accidents in Queens, NY

Construction sites, with their inherent risks and complexities, are frequent scenes of accidents that can result in serious injuries or even fatalities. In Queens, NY, the bustling construction sector sees its fair share of these unfortunate incidents. As dedicated construction accident lawyers in Queens, NY, at Polsky, Shouldice & Rosen, P.C., we have observed a range of causes leading to accidents on construction sites. Understanding these causes is pivotal in preventing future accidents and ensuring the safety and well-being of construction workers.

Our experience and analysis have identified several key factors contributing to construction accidents in Queens, NY. These include:

  • Falls from Height: One of the most prevalent causes of construction accidents is falls from elevated surfaces, such as scaffolding, ladders, and roofs. Inadequate fall protection measures, poor training, and failure to use safety equipment contribute to these accidents.
  • Struck by Objects: Workers are often injured by falling, flying, swinging, or rolling objects. Inadequately secured tools or materials can fall from heights, striking workers below.
  • Electrocution: Exposed wires, incomplete electrical systems, and the use of power tools and machinery in close proximity to water sources lead to electrocution risks on construction sites.
  • Caught-in/Between: Workers can be caught in or compressed by equipment and objects, or struck, caught, or crushed in collapsing structures, equipment, or materials.
  • Equipment-Related Incidents: Malfunctioning, improperly used, or inadequately maintained equipment can cause serious accidents. This includes everything from hand tools to large construction vehicles.
  • Trench or Scaffold Collapses: The collapse of trenches and scaffolding due to improper construction or lack of safety measures can lead to catastrophic accidents.
  • Exposure to Hazardous Materials: Construction sites often involve the use or disturbance of hazardous materials, leading to potential exposure and long-term health consequences for workers.

Mitigating the Risks

Mitigating these risks requires concerted efforts from all stakeholders in the construction industry, including employers, workers, and regulatory agencies. Key strategies include:

  • Comprehensive Training: Ensuring all workers receive thorough training on safety practices, equipment use, and hazard recognition.
  • Strict Adherence to Safety Regulations: Following OSHA guidelines and local safety regulations to the letter can significantly reduce the incidence of accidents.
  • Use of Personal Protective Equipment (PPE): Proper use of PPE, such as helmets, safety harnesses, gloves, and eye protection, is crucial in minimizing the risk of injury.
  • Regular Equipment Maintenance: Keeping all equipment in good working order and conducting regular safety checks can prevent malfunctions and accidents.
  • Emergency Preparedness: Having a well-developed emergency plan and conducting regular drills can ensure a swift and effective response to any accident.

Construction accidents in Queens, NY, result from a variety of factors, many of which are preventable with the proper safety measures and precautions. At Polsky, Shouldice & Rosen, P.C., we are dedicated to not only representing victims of construction accidents but also to contributing to a culture of safety and prevention within the construction industry. Our ultimate goal is to see a reduction in these accidents, ensuring that all construction workers can perform their duties in a safe and secure environment.

Common Injuries with Construction Accidents

Construction sites are inherently hazardous places, where the risk of injury looms large due to the nature of the work involved. As construction accident lawyers in Queens, NY, at Polsky, Shouldice & Rosen, P.C., we have encountered a wide range of injuries resulting from construction accidents. These injuries can vary significantly in severity, from minor cuts and bruises to life-altering conditions. Understanding the common types of injuries can help workers and employers take proactive steps to prevent accidents and can inform victims about their potential legal options following an accident.

Types of Common Injuries in Construction Accidents

Our extensive experience representing victims of construction accidents has given us insight into the most common injuries that occur on construction sites, including:

  • Broken Bones: Falls, being struck by objects, or accidents involving machinery can lead to fractures. These injuries can range from simple breaks that require minimal medical intervention to complex fractures needing surgery and long-term rehabilitation.
  • Head Injuries: Traumatic brain injuries (TBI), including concussions, are common in construction accidents. These can result from falls, being struck by objects, or even just slipping on uneven ground. The severity can vary greatly, from mild concussions to severe brain damage.
  • Spinal Cord Injuries: These injuries often result from falls or being struck by heavy objects. Spinal cord injuries can lead to partial or complete paralysis, significantly impacting a victim’s quality of life.
  • Cuts and Lacerations: Sharp tools, machinery, and materials can cause severe cuts or lacerations. While some may only require minor treatment, others can be deep or infected, necessitating medical attention.
  • Burns: Exposure to open flames, electrical currents, or hazardous chemicals can cause burns. The severity of burn injuries can range from first-degree burns, which are relatively minor, to third-degree burns that may require skin grafts and result in significant scarring.
  • Loss of Limbs or Amputation: In severe cases, construction accidents can lead to the loss of limbs or require surgical amputation. This can result from being caught in or between objects, machinery accidents, or severe crushing injuries.
  • Hearing Loss: Chronic exposure to loud noise on construction sites without proper ear protection can lead to temporary or permanent hearing loss.
  • Respiratory Diseases: Inhalation of dust, asbestos, and other hazardous materials can cause long-term respiratory issues, including chronic obstructive pulmonary disease (COPD) and mesothelioma.

The Importance of Legal Representation

Following a construction accident, victims face not only physical and emotional recovery but also the challenge of navigating the legal and insurance systems to secure the compensation they deserve. As experienced construction accident lawyers in Queens, NY, at Polsky, Shouldice & Rosen, P.C., we offer comprehensive legal representation to help victims:

  • Understand their rights and the complexities of workers’ compensation and personal injury laws.
  • Investigate the circumstances surrounding the accident to identify all potential sources of liability.
  • Navigate the claims process, ensuring that all paperwork is filed correctly and on time.
  • Negotiate with insurance companies and other parties to secure a fair settlement.
  • Litigate the case in court if necessary to obtain the compensation victims are entitled to.

The array of injuries associated with construction accidents underscores the need for rigorous safety protocols and protective measures on construction sites. At Polsky, Shouldice & Rosen, P.C., our commitment to representing victims of construction accidents in Queens, NY, extends beyond the courtroom. We advocate for safer workplace practices and provide our clients with the legal support they need to navigate the aftermath of an accident. If you or a loved one has been injured in a construction accident, our team is here to offer the expert legal guidance and representation you deserve.

FAQs About Construction Accidents

What should I do immediately following a construction accident in Queens, NY?

Immediately following a construction accident in Queens, NY, it’s crucial to seek medical attention, even if your injuries seem minor. This not only ensures your health and safety but also provides a medical record of your injuries, which is vital for any future claims. Next, report the accident to your employer or construction site manager as soon as possible to ensure the incident is officially documented. Document the scene and your injuries by taking photos and collecting contact information from any witnesses. Finally, consider consulting with a construction accident lawyer in Queens, NY, like Polsky, Shouldice & Rosen, P.C., to understand your legal rights and options moving forward.

Can I sue for a construction accident in Queens, NY, if I’m receiving workers’ compensation?

Yes, in some cases, you can sue for a construction accident in Queens, NY, even if you’re receiving workers’ compensation. Workers’ compensation typically covers medical expenses and a portion of lost wages but does not compensate for pain and suffering. If your injury was caused by a third party’s negligence (someone other than your employer), you might have the right to file a personal injury lawsuit against those parties. This can include equipment manufacturers, subcontractors, or property owners. Consulting with a knowledgeable construction accident lawyer in Queens, NY, can help you navigate these legal complexities.

What types of damages can I recover in a construction accident lawsuit in Queens, NY?

In a construction accident lawsuit in Queens, NY, you may be able to recover a variety of damages beyond what workers’ compensation provides. These can include compensation for medical expenses, lost wages, loss of future earning capacity, pain and suffering, and, in cases of egregious negligence, punitive damages. Each case is unique, and the specific damages you’re entitled to will depend on the circumstances of your accident and the extent of your injuries. An experienced construction accident lawyer in Queens, NY, can assess your situation and advise on the potential damages you can claim.

How long do I have to file a construction accident lawsuit in Queens, NY?

The statute of limitations for filing a construction accident lawsuit in Queens, NY, typically requires that you file your claim within three years of the date of the accident. However, this timeframe can vary depending on the specifics of your case, such as if a government entity is involved or if the claimant is a minor. It’s important to consult with a construction accident lawyer as soon as possible to ensure your lawsuit is filed within the legal deadlines. Failing to file within the statute of limitations can result in losing your right to seek compensation.

Why should I hire a construction accident lawyer in Queens, NY, for my case?

Hiring a construction accident lawyer in Queens, NY, such as the team at Polsky, Shouldice & Rosen, P.C., is crucial for several reasons. Firstly, navigating the legal system can be complex and overwhelming, especially while recovering from an injury. An experienced lawyer will handle all legal aspects of your case, allowing you to focus on your recovery. Secondly, construction accident lawyers are skilled in negotiating with insurance companies and can help ensure you receive the maximum compensation you deserve. Finally, if your case goes to trial, having a seasoned attorney by your side can significantly increase your chances of a favorable outcome.

Contact Polsky, Shouldice & Rosen, P.C. Today

At Polsky, Shouldice & Rosen, P.C., our commitment to serving as dedicated advocates for victims of construction accidents in Queens, NY, remains unwavering. With a deep understanding of the legal landscape and a steadfast dedication to our clients’ well-being, we pledge to navigate the complexities of each case with expertise, integrity, and compassion. Our ultimate goal is to secure the justice and compensation our clients rightfully deserve, helping them to rebuild their lives with dignity and support. As your construction accident lawyers in Queens, NY, we are not just legal representatives; we are your partners in the journey toward recovery and justice, steadfast in our commitment to making a meaningful difference in the lives of those we serve.

Polsky Shouldice and Rosen PC Queens Construction Accident Lawyer

300 Cadman Plaza West One
Pierrepont Plaza 12th Floor, 11201

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“I used Mark Polsky and his team to help with my worker’s comp case. He and his team are professional and were always looking out for my best interests. They were always available to answer any questions I had, and checked in on me frequently to see how I was feeling, and provided me with updates on my case. I highly recommend them.”
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Workers Compensation Lawyers

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(718) 875-0909