Are you looking for a construction injury lawyer in Yonkers, NY?
At Polsky, Shouldice & Rosen, P.C., we have represented injured workers across New York for more than 30 years.
If you were hurt on a construction site in Yonkers, our attorney can assist you. The choices you make in the first weeks affect the benefits you can receive. Our Yonkers, NY construction injury lawyer represents injured workers, and we never work for insurance carriers. We have spent more than three decades handling workers' compensation claims and hearings throughout New York. We explain your rights, file your claim, and hold the insurance carrier to what the law requires. Your first consultation is free.
Construction Injury Lawyer in Yonkers, NY
A construction injury lawyer helps workers who were hurt on the job pursue the benefits that New York's workers' compensation system provides. Construction sites carry risks that most workplaces do not. Falls from scaffolding, collapsing trenches, electrical contact, and heavy machinery cause injuries that keep workers off the job for months.
Workers' compensation does not require an injured worker to prove that anyone was careless. Under New York law, no one is found to be at fault in a workers' compensation case. The system pays for medical treatment and replaces part of your lost wages when an injury happens during your employment. A lawyer handles the hearings, paperwork, and deadlines so that you can focus on your medical recovery.
Types of Construction Injury Cases We Handle in Yonkers
Construction work in Yonkers includes high-rise projects, road and bridge jobs, demolition, and residential building. Each type of work carries its own hazards. Our attorneys handle the construction accident cases described below.
- Slip and falls. Falls are the leading cause of death in construction work. Workers fall from scaffolding, ladders, and unprotected roof edges, and these falls often cause spinal and head injuries. Federal rules require fall protection whenever a worker is more than six feet above a lower level.
- Falling objects and struck-by injuries. Tools, materials, and debris fall from upper levels and strike workers below. A dropped beam or a swinging load can fracture bones or cause a traumatic brain injury. A hard hat reduces the risk, but it does not prevent every serious impact.
- Scaffolding accidents. Scaffolds that are built incorrectly or loaded beyond their limit can collapse. Workers on and below the platform are injured when that happens. We investigate the cause and document each injury connected to the claim.
- Crane and heavy equipment accidents. Cranes, excavators, and forklifts move heavy loads in tight spaces. Serious injuries result when the equipment or the rigging fails. Most crane accidents involve rigging failures, overloading, or operator error.
- Electrocutions. Exposed wiring, contact with power lines, and defective equipment cause electrical injuries on active sites. Even brief contact with a live wire can cause serious internal injuries, and electrical burns often require hospital care and a long recovery.
- Trench and excavation collapses. A single cubic yard of soil weighs about as much as a car. A worker in an unshored trench can be buried within seconds when the walls give way, and these confined space injuries rank among the most dangerous on any site.
- Repetitive stress and overexertion. Some construction injuries develop over time rather than in a single moment. Years of lifting, bending, and operating vibrating tools can cause back injuries, joint damage, and nerve conditions.
- Occupational illnesses. Certain jobsite hazards cause harm that appears years later. Exposure to asbestos, silica dust, and chemicals can lead to respiratory disease and other conditions that workers' compensation covers.
Why Choose Polsky, Shouldice & Rosen, P.C. as My Construction Injury Lawyer in Yonkers, NY?
The right attorney for a construction accident claim combines deep experience in this area of law with a practice devoted to injured workers. Our workers’ compensation lawyer in Yonkers, NY offers both.
Decades of Workers' Compensation Experience in New York
Mark Polsky has practiced workers' compensation law in New York since 1987 and leads the workers' compensation committee of the Nassau County Bar Association. Donald Shouldice has represented injured workers since 1992 and serves on the board of a statewide workers' compensation organization. Adam Rosen has spent his legal career on workers' compensation claims and has held a leadership role on a Nassau County Bar committee in the same field. Together, these attorneys bring more than three decades of hearing and trial experience to each claim.
A Practice Built Only for Injured Workers
Our attorneys never represent employers or insurance carriers. They belong to the Injured Workers' Bar Association, a group open only to lawyers who spend most of their practice representing injured workers. You also do not pay out of pocket for a workers' compensation attorney in New York. State law sets these fees, the Workers' Compensation Board must approve them, and the approved fee comes out of the cash benefits you are awarded rather than your own savings. We collect a fee only when we recover benefits for you, and your first consultation is free.
Understanding Construction Injury Cases in New York
When a construction injury takes you off the job, workers' compensation replaces part of what you lose. These benefits cover both the medical bills and part of the wages a construction injury takes away. About one in five workplace deaths in the United States happens in construction, according to federal data. The most common injuries range from fractures and spinal damage to traumatic brain injuries and amputations.
Benefits and Compensation Available in Construction Injury Cases
Most claims provide some combination of the following benefits.
- Medical care. Workers' compensation covers medical treatment for your injury, including emergency care, surgery, and physical therapy, at no cost to you. You may treat with any medical provider authorized by the Workers' Compensation Board.
- Lost wage benefits. You may receive weekly cash benefits equal to about two-thirds of your average weekly wage, adjusted for how much your injury limits your ability to work, up to a maximum set by the state.
- Permanency awards. When an injury permanently reduces the use of a body part, New York provides a schedule loss of use award, which is a fixed sum set according to the affected body part.
- Death benefits. When a construction accident is fatal, the worker's surviving spouse and children may receive cash benefits and funeral expenses.
What Are Important Aspects of a Construction Injury Case?
Several details make a construction claim more complicated than a typical office injury, and the steps you take early on affect the result.
- Reporting the injury. New York law requires written notice to your employer within thirty days of the accident, and reporting it promptly protects your right to benefits.
- Multiple companies on site. General contractors, subcontractors, and staffing agencies often share one jobsite. Determining which company employed you decides which insurance carrier is responsible for your claim.
- Disputed injuries. Insurance carriers frequently argue that an injury existed before the accident or did not happen at work. Thorough medical records answer that argument.
- Denied claims. A denial does not end your case. You have the right to a hearing before a workers' compensation law judge, and many denied claims succeed on review.
What Is the Construction Injury Case Timeline?
Every claim moves at its own speed, but most follow the same basic steps.
- You report the injury to your employer and get medical care.
- You file the C-3 employee claim form, which is the form that starts your case, with the Workers' Compensation Board. New York enforces strict filing deadlines, and missing one can end the claim.
- The insurance carrier either accepts the claim or disputes it. When the claim is accepted, the carrier must begin paying benefits within eighteen days after your disability begins.
- Hearings and medical evaluations follow if the carrier contests your claim.
- The case resolves through ongoing benefits or a settlement.
A serious claim can take several months or longer to resolve. Many cases end in a Section 32 settlement, which is an agreement that closes the case in exchange for a lump-sum payment.
What Should You Bring to Your Construction Injury Consultation?
If possible bring the following documents and evidence to your first meeting with our workers’ comp lawyer.
- The date and location of the accident and a description of how it happened.
- The names of your employer and any contractors working on the site.
- Any medical records and bills you already have.
- Any accident or incident report you received.
- The names and contact information of anyone who witnessed the accident.
Your first free consultation is a conversation rather than a commitment. You will leave with a clear understanding of where your claim stands.
What Are Important New York Legal Resources for Construction Injury Cases?
New York's workers' compensation system is based on state law and is run by a state agency. The resources below can help you understand your rights before we speak.
- The state Workers' Compensation Board explains how claims work and which benefits are available.
- The Board's injured worker's toolkit walks you through filing a claim, meeting deadlines, and finding help.
- New York's statute of limitations generally gives an injured worker two years from the date of the injury to file a construction accident claim.
- Written notice to your employer is due within thirty days of the accident, which is a separate and strictly enforced deadline.
Reach Out to Polsky, Shouldice & Rosen, P.C. to Schedule a Consultation
If a construction accident has left you injured and unable to work in Yonkers, our attorneys are ready to help. Your consultation is free, and you are under no obligation to hire us afterward. We will review what happened, explain the benefits you may be entitled to, and tell you honestly whether you have a claim. Contact us to schedule your consultation.
