Construction Accident Lawyer – Queens, NY
If you have become ill or injured while working in the construction industry, it is possible that you can apply for, and receive, workers’ compensation benefits. These benefits include a certain amount of lost wages, as well as, medical coverage. As long as you qualify, you may recover the benefits regardless of whether you may be partially or wholly responsible for what happened. In exchange for this compensation, you do not generally have the right to file a lawsuit against the employer. However, there are a few situations in which this rule may not apply. There are also legal alternatives that injured workers can explore if they are not eligible for these benefits. In either event, the legal team at Polsky, Shouldice & Rosen, P.C. is eager to help ensure that, if you have been injured while working construction, you receive all compensation to which you are entitled. Please schedule a consultation with our Queens, New York construction accident lawyer team today in order to explore your options fully.
Are You Eligible for Workers’ Compensation?
In general, there are a few standard requirements that you must meet in order to be considered eligible for workers’ compensation benefits.
- You must be a current employee (special factors apply in certain cases)
- Your employer must have workers’ compensation insurance
- Your injury or illness should have been a result of your job
- You must file for workers’ compensation by the deadline, and you must have reported the injury within a period of time
An experienced Queens, NY construction accident lawyer can clarify your eligibility after learning about your circumstances. If you are an independent contractor or temporary worker, you may benefit from speaking with us about compensation alternatives.
Employee and Employer Requirements
In general, most employers carry workers’ compensation coverage. In fact, in most states this is a legal requirement. Some states will also allow the employee to opt in for workers’ compensation coverage. In this case, if you did not opt in for the coverage, you may be unable to recover benefits.
Workers’ compensation insurance is usually provided through a private company; however, some states have a special fund. The federal government has established its own workers’ compensation programme so any employee of the federal government will have separate rules to follow. A Queens, NY construction accident lawyer can explain how New York law applies in your situation.
Not all employees will be able to receive benefits. Independent contractors, such as a consultant or freelancer generally cannot recover workers’ compensation benefits. However, it is certainly possible for an employer to misclassify an employee so as to avoid paying payroll taxes or other premiums. Even if you have signed and agreed to a 1099 tax form, it may be possible to receive workers’ compensation benefits. As a result, you may benefit from consulting a Queens, NY construction accident lawyer for more information instead of making decisions according to general rules.
How Construction Accident Lawyers Queens NY Can Help
The U.S. is dependent upon construction workers to build homes, buildings, roads, and more. Without them, the country’s infrastructure might face serious obstacles. These workers can be faced with harsh conditions and difficult tasks. In fact, between 2002 and 2012, up to 19.5% of workplace fatalities involved construction workers. As construction accident lawyers Queens NY provides, we understand the devastating repercussions of these incidents. Guided by our experience, zealous determination, and tenacious strategy, we can make every effort to achieve a positive resolution for our clients.
Causes of Construction Accidents
Construction accidents can happen for a broad range of reasons. The resulting injuries can be mild to moderate, severe, or life threatening. Sometimes, the accident results in a fatality. Seasoned construction accident lawyers Queens NY employees recommend understanding the reason for the high number of accidents is often attributed to the powerful tools, heavy machinery, and the dangers of the construction site. Many construction accidents occur because of negligence on the employer’s’ part, such as not providing protective gear, improper or not maintained tools, or other unsafe work site conditions.
Enclosed spaces, high elevations, and even weather conditions can add to the risk. When safety is ignored, the chances of sustaining an injury can be heightened. Construction accident lawyers Queens NY has to offer may see a number of different causes; however, the following are considered to be some of the most frequent – and often fatal – types of construction site accidents.
The first four types of accidents listed are considered to be the “fatal four.” These account for up to 64% of construction workers’ deaths:
Falls: In 2015, 38.8% of construction-related deaths were attributed to a fall. One of the most common citations for construction sites in 2015 by OSHA involved actions that could lead to a fall. This includes unsafe ladders, scaffolding issues, and inadequate safety protection for workers. If you or a loved one has fallen on a site, construction accident lawyers in Queens NY can meet with you and provide a legal opinion as to whether or not you have a strong claim.
Being Struck by an Object: Up to 9.8% of workers are killed when they are struck by an object at a construction site. This might include metal or wood beams, moving machinery, or other materials.
Electrocution: Electrocutions account for 8.6% of construction-related deaths. Faulty electrical components, bad wiring, or storms are often the reason for the fatality. Unfortunately, many of these deaths could have been avoided.
Caught In/Between: It can be very easy for a worker to get caught in between immovable objects, falling debris, equipment, or other material. Around 7.2% of people have died on a construction site after being crushed or caught in-between an object.
Machinery and Power Tool Accidents: A construction accident lawyers Queens NY trusts knows there are several reasons why machinery and power tools accident happen, including a defect with the machine or tool, improper maintenance, electrical failure, and lack of safe equipment. A study was conducted by Forbes Magazine of the most dangerous power tools and machinery that were responsible for the most injuries to construction workers. The list includes:
- Power nailers or nail guns;
- Chain saws;
- Table saws;
- Circular saws;
- Power drills;
- Back hoes;
- Air compressors; and
- Wood chippers.
Ladder Accidents: Accidents with ladder are one of the leading causes of construction accidents. The injuries from ladder accidents often cause long-term disability for the victim. There are several causes of these types of accidents including the worker being given the wrong type of ladder for the job they are performing or the ladder is not setup correctly or on a dangerous surface. Ladder accidents can also occur because the ladder has not been maintained properly.
Scaffolding Accidents: Scaffolding is used in all different phases of a construction job. Although there are stringent regulations in place, accidents still happen and are typically caused by improper construction of the scaffolding or failure of the employee to maintain the equipment. In one study conducted by the U.S government, almost 75 percent of scaffolding accidents were caused either by the planking or its support failing, the employee being struck by a falling object, or the employee slipping.
Disorders of the Musculoskeletal System: Construction accident lawyers Queens NY employees depend on knowing that it is not uncommon for workers in the construction industry to suffer muscle strains and sprains, as well as other injuries to the bones, joints, and nerves. Some of these injuries occur because of a one-time incident, but these types of injuries are frequently seen in construction workers who have been in the industry for a while. The harsh physical demands that are placed on workers and the repetitive motions they often use to do their jobs are responsible for causing wearing and tear, leading to many of these injuries.
Vehicle Accidents: There are many types of vehicles on construction sites, including backhoes, dump trucks, forklifts, and graders. Construction accident lawyers Queens NY workers trust have helped many construction accident victims who were injured because they were hit by a vehicle on the site. Other victims fall from vehicles or are injured because the forklift they were on flipped over.
The fatal four statistics listed above do not include anyone who might have been injured but did not die. The Occupational Safety and Health Administration estimates these fatal four could be eliminated, but are hardly the only causes of accidents. Other types of incidents Queens construction accident lawyers have helped clients with include:
- Road accidents (i.e. being hit by a car)
- Exposure to hazardous material
- Deep cuts and abrasions
- Loss of limb
- No matter what type of injury happened to you or a loved one, you should call construction accident lawyers Queens NY trusts as soon as possible.
Contact Construction Accident Lawyers Queens NY Workers Depend On
Construction accidents can be devastating and change a person’s life forever. Apart from the physical injury, mental issues like post-traumatic stress disorder and anxiety are common. If you have suffered a work injury, you may have spoken to other construction accident lawyers in Queens NY who you just didn’t feel would advocate aggressively enough for you.
What to Do If You Were Injured in a Construction Accident
Construction sites can be dangerous places. If you were injured while working on a construction site, you may be entitled to compensation. The steps you take immediately after the accident can impact how much compensation you ultimately receive for your injuries.
- Report the Injury to Your Employer: Most construction accidents are covered by workers’ compensation. However, in New York, workers only have 30 days to report an injury to their supervisor. If you tell your supervisor about your injury once the deadline has already passed, you may lose out on your right to workers’ compensation benefits.
- Gather Evidence: If you are able to, a construction accident lawyer Queens, NY residents trust suggests going back to the construction site and obtaining evidence. Take photos of the scene, including any equipment that was involved. It’s also important to not wash the clothes you wore during the accident and put them in a plastic bag. Additionally, write down everything you remember about the accident in a journal, including how it happened and how your injury affects your daily life.
- Speak to Witnesses: Did anyone else see the accident happen? If so, your construction accident lawyer in Queens, NY would advise you to obtain their contact information. Witness testimony can strengthen your case. If a witness testifies on your behalf, it could prove liability and help you recover fair compensation.
- Go to the Doctor: It is critical to seek medical care as soon as possible after your construction accident, even if you do not feel too badly hurt. Some injuries, such as concussions, don’t always show symptoms immediately, but may get worse over time. If you see a doctor, he or she will assess the severity of your injuries and recommend the appropriate treatment. If you do not seek medical attention promptly, you could put your health at risk. Delaying medical care can also cause the insurance company to argue that you are not as injured as you claim to be.
- Talk to a Lawyer: If a third party, like a contractor or equipment manufacturer, is responsible for your injuries, workers’ compensation will not cover the damages. Therefore, you need to file a personal injury claim against all the liable parties. For instance, if the accident occurred because of defective equipment, the manufacturer could be held responsible for your injuries. An experienced construction accident lawyer in Queens, NY will look into every party that may be liable for your injuries and improve your chances of getting the compensation you deserve. During your initial consultation with your lawyer, do not forget to provide him or her with all the documentation related to your accident, such as medical records, witnesses’ contact information and photographs of the accident scene.
Common Construction Accident Injuries
Construction sites can be quite dangerous places to work. From heavy machinery to working on elevated surfaces, there are hazards everywhere. That is why construction workers must be extra careful each day to avoid getting seriously hurt.
Here are some common construction accident injuries.
- Traumatic brain injuries. Traumatic brain injuries are one of the most severe injuries construction workers can endure. They can suffer these injuries if they fall from an elevated surface or get hit in the head from a falling object. Symptoms of brain injuries include loss of consciousness, blurry vision, headaches, nausea and confusion. These injuries may require surgery and months or rehabilitation. You may struggle with your cognitive abilities even after you finish treatment.
- Burns. Construction workers have a higher risk of suffering burns than other workers because of the machinery they operate. They may sustain burns from chemical explosions, electrocution or welding accidents. Burns are not just extremely painful. They can also lead to permanent disfigurement. Burns can also make them more susceptible to infections.
- Broken bones. Broken bones are another common injury that construction workers face. They may break their bones from falling from heights, machinery accidents and explosions. If the broken bones penetrate through the skin, surgery and rehabilitation may be required. Recovering from a compound fracture can be a painful and long process.
- Back injuries. Construction workers can sustain various back injuries from falls, heavy lifting, sudden body movements and bending for long periods of time. Back injuries can be debilitating and keep construction workers out of work for a while. In severe cases, they may not be able to return to work at all and have to get permanent disability.
- Amputations. Compared to other industries, amputations are common in the construction industry. They may suffer these injuries from machinery, forklift accidents or materials collapses. While some workers endure an automatic amputation on the job, others may have their limbs severely crushed and require amputation later. They may be able to get fitted for prosthetics.
- Eye injuries. Construction workers also have a higher risk of eye injuries. They may suffer these injuries from metal, splinters, cut wire, chemicals and other hazards. If the eye injury is severe enough, it can lead to permanent blindness. Construction workers should always wear goggles to protect themselves against eye injuries.
Queens NY Construction Accident Infographic
Construction Accident Lawyers
You’re a construction worker, and you’ve been injured on the job. You can’t work, and your medical bills are piling up. You’re not sure what to do next, but you need answers.
Here are some of the most common questions about a construction accident lawyers in Queens NY from Polsky, Shouldice & Rosen, P.C:
What is a construction accident lawyer?
Construction accident lawyers in Queens NY from Polsky, Shouldice & Rosen, P.C is an attorney who specializes in representing people who have been injured at work. Construction sites are dangerous places, and many workers get hurt each year because of unsafe conditions or negligent employers. A construction accident lawyers in Queens NY from Polsky, Shouldice & Rosen, P.C can help protect your rights and make sure that you receive compensation for your injuries.
What should I do if I get hurt on the job?
If you’re injured while working as a construction worker, call 911 immediately if necessary, then contact your employer’s insurance company right away.
You may be able to file a claim with them without involving an attorney, but if you want to proceed with litigation later on in the case or if you need help recovering damages such as lost wages and medical expenses, then it’s best to hire an attorney right away so that they can make sure their interests are protected during negotiations with insurance companies or in court proceedings like arbitration hearings or personal injury lawsuits (if necessary).
How do I find a good construction accident lawyer?
There are several factors to consider when hiring a construction accident lawyer in Queens NY. First and foremost, you should look for a lawyer with experience working in the field of construction law. This will allow them to best understand your legal rights and help you receive compensation for your injuries. Be sure to ask potential lawyers about their experience with similar cases so that you can find an attorney who is right for your situation.
What should I expect from my lawyer?
Your construction accident lawyers in Queens NY will communicate with you regularly throughout the case so that you know what’s happening every step of the way.
They’ll also explain how much money you’ll receive for your injuries and how long it will take for them to handle everything on your behalf so that nothing gets lost in translation between parties involved such as insurance companies and medical professionals like doctors and therapists who may be providing medical care related to your injury.
What happens if the construction site owner is not insured?
In situations where the construction site owner is not insured, you may be able to seek compensation from their insurance carrier. However, this can be a lengthy process and will require you to file a lawsuit against them. As such, it is recommended that you contact a construction accident lawyers in Queens NY immediately for assistance with your claim.
Do I need to contact an attorney right away?
Yes! It is important that you contact a construction accident lawyers in Queens NY from Polsky, Shouldice & Rosen, P.C as soon as possible so they can begin gathering evidence and documenting your injuries before they heal and become harder to document.
When hiring any construction accident lawyers in Queens NY from Polsky, Shouldice & Rosen, P.C, make sure they have experience dealing with construction accidents because they often involve multiple parties who must be notified about your claim so that all parties involved can adequately respond to the situation.
Queens Construction Accident Lawyers Statistics
Construction accidents can happen for a broad range of reasons. The resulting injuries can be mild to moderate, severe, or life threatening. Sometimes, the accident results in a fatality. According to OSHA, in 2020 there were a total of 4,764 deaths attributed to workplace accidents; of those, 47.4% were in transportation and construction. Many construction accidents occur because of negligence on the employer’s’ part, such as not providing protective gear, improper or not maintained tools, or other unsafe work site conditions.
Sit Down with Attorney Adam Rosen to Discuss the Ins and Outs of Schedule Loss of Use Awards:
Polsky Shouldice and Rosen PC Queens Construction Accident Lawyer
“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.”