Construction Accident Lawyer Queens, NY

Professional Representation For Construction Accident Victims

Have you been injured on the job during a construction accident? Then you’ll need our Queens, NY construction accident lawyer to help you with the aftermath. An injury from a construction accident can be hard to deal with. If you need an attorney, we can help you navigate the court system and make sure you get what you deserve. There are many steps to fulfilling a worker’s compensation claim that a Polsky, Shouldice & Rosen, P.C. lawyer can help you with, including filing a civil suit under the correct premises, and filing your claim with the employment company as well as your insurance company.  If you have a serious injury that prevents you from working to your full capacity, you are entitled to worker’s compensation from your employer to help you pay for lost wages and your amounting present and future medical bills. Contact our team of attorneys today to schedule a free consultation and get started on your claim.

Common construction accident incidents that require a worker’s compensation lawyer are dangerous falling objects, machine and equipment related injuries, electrical fires or exposure to chemicals. These incidences occur most commonly because of poor employee training, ineffective safety precautions, unmarked hazards, and poorly maintained worksites. You can get workers compensation for on the job injuries, and the injuries that result from these incidences are usually but not limited to brain and head injuries, loss of hearing or eyesight, neck and back injuries, and damage to or loss of a limb. Worker’s compensation can help you pay for all of your medical bills including prescriptions, physical therapy, and travel expenses to and from the doctor. Worker’s compensation can also help you pay for your lost wages during your time of injury and recovery so that you don’t have to worry about your impending bills.

Many people wonder if an additional lawsuit can be attained along with a worker’s compensation claim. The answer to this is sometimes, but usually not. If there is a circumstance outside of the employment company’s control, then perhaps someone else may be held responsible for your construction accident resulting in the need for a worker’s compensation lawyer.

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.

Possible 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 Legal Process

The legal claims 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.

Compensation For Construction Accident Victims

At Polsky, Shouldice & Rosen, P.C., we 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.

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.

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.

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.

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.

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

• The Reality 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.

Common Construction Accident Causes and Injuries

Construction sites, with their inherent risks, are frequent scenes of accidents that can result in serious injuries or even fatalities. 

Our experience and analysis have identified several key factors contributing to construction accidents in and around 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.

Our extensive experience representing victims of construction accidents has also 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, diseases and illnesses, including chronic obstructive pulmonary disease (COPD) and mesothelioma.

If you were injured on a construction site, you should consult our New York construction accident lawyer. Construction is considered one of the most dangerous jobs out there, putting workers at risk of life-threatening injuries. A lawyer can help you seek workers’ comp benefits, file a timely lawsuit if necessary, and improve your chances of getting the compensation you deserve.

Queens Construction Accident Infographic

Queens Construction Accident Statistics

According to the Centers for Disease Control and Prevention (CDC), falls are the leading cause of work-related deaths in construction, accounting for more than one in three of the total number of fatalities in this industry. Almost half of the construction fatalities recorded each year are falls to a lower level.

Additionally, according to statistics from the U.S. Bureau of Labor, annually, there are more than 21,000 nonfatal workplace injuries caused by falls, slips, and trips suffered by workers in the construction industry. More than 300 of those workers die from their injuries. Falls account for one in three deaths each year for construction workers.

Construction Accident FAQs

What should I do immediately following a construction accident?

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 our construction accident lawyer in Queens, New York, to understand your legal rights and options moving forward.

Can I sue for a construction accident if I’m receiving workers’ compensation?

Yes, in some cases, you can sue for a construction accident, 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. 

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

In a construction accident lawsuit, 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. Our 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?

The statute of limitations for filing a construction accident lawsuit in New York 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 for my case?

Hiring a construction accident lawyer is crucial for several reasons. Firstly, navigating the legal system can be complex and overwhelming, especially while recovering from an injury. Our experienced lawyers 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 Our Queens Attorneys Today

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. Our experienced Queens construction accident lawyers at Polsky, Shouldice & Rosen, P.C. 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 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.

Client Review

“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.”
Howard K.