In New York City, at every turn, we see more construction. From renovations to demolitions, to building the newest sleekest high-rise from the ground up, our constant state of construction development creates safety hazards for those who routinely work on these job sites. While state and local governments have implemented strict laws around the construction industry here, it remains an industry plagued by accidents year after year. In 2021 alone, the New York City Department of Buildings reported 712 construction incidents resulting in 505 injuries and 9 fatalities. Unfortunately, many sites have continued to operate throughout the years while having a myriad of safety complaints against them for inadequate safety protocols. It is important to seek the help of an experienced construction accident lawyer when you have been injured on a construction site. Having a skilled attorney may be able to help you receive the maximum compensation possible for your injuries. Falls are the Deadliest of all Construction AccidentsAccording to OSHA, the most deadly construction accidents involve gravity-related falls. These include
Falls From Building or ScaffoldingConstruction workers are often required to work from great heights on our job sites, many from scaffolding structures. OSHA has strict requirements concerning scaffolding design and standards. When these standards are not adhered to, serious falls can happen, resulting in serious injuries and fatalities. Scaffolding itself creates its own set of safety issues. Scaffolding that is improperly designed, maintained, or erected creates numerous safety issues for those who rely on them. Inadequate training or access to safety equipment and fall protection create safety risks for anyone working in the vicinity. From overloading scaffolding to erecting it too close to energy sources, many issues can lead to scaffolding accidents resulting in serious accidents, injuries, and fatalities. Slip and Fall Accidents on Construction SitesMany slip and fall accidents on construction sites are due to hazardous conditions on the job site. These include surface and environmental conditions, obstructions, site-coordination issues, and human error. Falling Tools and DebrisAccording to EHS Today, a publication dedicated to occupational safety, injuries and fatalities caused by falling objects occur every 10 minutes on construction sites. OSHA requires that all materials and tools in a work environment be properly secured to prevent falling. The Scaffold LawHere in New York, the courts have decided that liability under Labor Law § 240, otherwise known as the scaffold law, is absolute, meaning that the owners and contractors, even if they are not actually involved in the direct supervision or control of the work, can be held legally liable for any injuries or fatalities that result. In other states, injured parties or surviving families must prove negligence in order to prevail in personal injury or wrongful death lawsuits. Getting Legal AssistanceBut while our scaffold law does help many of our workers get critical help after a construction accident, the courts are very strict about what types of injury claims fall under it. Because the victim always has the burden of proof in these matters, it’s important to have experienced legal representation after a construction accident. Via https://accidentlawyer-queens.com/what-is-the-most-common-accident-on-a-construction-site/
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If you have sustained an injury at work, workers’ compensation has a specific deadline that you must meet to get workers’ compensation benefits. If you have been injured in a workplace accident and fail to meet this deadline, your claim may be in jeopardy. Workers’ compensation is a very important benefit for workers who have suffered injuries on the job. Without these insurance benefits, you could face having to pay for the medical costs for your injuries out of pocket. Furthermore, if you are unable to return to work because of your injuries, workers’ compensation has disability benefits that will help you and your family financially while you are unable to work. The sooner you report your accident and file a claim, the sooner you will start to collect your workers’ compensation benefits. Seeking the help of an experienced NY workers’ compensation lawyer may be able to help you recover the compensation your deserve. Call us today at (646) 701-7990 to schedule a consultation. If You Have Been Injured on the Job When you have been involved in an accident on the job, you will want to report it to your immediate supervisor as soon as possible. The law requires you to report your accident within 30 days of the incident. Then you will have up to two years to report any injuries that resulted from the accident. This is called the workers’ compensation statute of limitations. In New York, the Workers’ Compensation Board defines their statute of limitations as
It’s important to report an injury anytime you are injured on the job, regardless of how minor you may think it is or whether or not you file a claim. You should also seek medical care immediately. You may find down the road that the accident resulted in an injury that wasn’t immediately detectable, and reporting the accident protects your rights to workers’ compensation if an injury becomes apparent. What Can You Recover From Workers’ Compensation? Once you have reported your injuries and filed for benefits, if you qualify for workers’ compensation, you may be able to receive benefits, including
Was a Third-Party Involved in the Accident? There may be instances when another individual or company outside your employer or place of employment was a factor in your workplace accident. If this is the case, in addition to filing for workers’ compensation, you may also be able to bring a personal injury lawsuit against the third-party involved in the accident. In addition, if a defective piece of machinery, tool, or gear was involved in your accident and injury, you may also bring a product liability claim against the company that produced or maintained that equipment. Call a NY Workers’ Compensation Lawyer If you have sustained an on-the-job injury in New York City, you should contact a NY worker’s compensation attorney to understand your rights and all possible sources of compensation for your injuries. At K L Sanchez Law Office, Keetick Sanchez and her team of experienced NY workers’ compensation lawyers have diligently represented workers who have sustained on-the-job injuries to ensure their legal rights are protected. Call us at (646) 701-7990 or contact us through our website to schedule a free consultation to discuss your case. Top Rated Accident Lawyer in Queens K L Sanchez Law Office, P.C. Car Collision and Construction Accident Lawyer in NYC Keetick Sanchez https://accidentlawyer-queens.com/how-long-do-you-have-to-report-an-injury-at-work-in-ny/ How Long Do You Have to Report an Injury at Work in NY?Via https://accidentlawyer-queens.com/how-long-do-you-have-to-report-an-injury-at-work-in-ny/ If you have experienced a personal injury due to a construction accident, you may be considering hiring a construction accident attorney. This is an excellent decision as hiring a lawyer improves your ability to successfully negotiate a favorable workplace injury claim. Before you hire a construction accident attorney, though, you will need to research and meet with potential candidates to see who would be a good fit for your case. Below are 6 important questions to ask a Queens construction accident lawyer before hiring them. How long have you been practicing law and what proportion of your cases deal with construction accidents?
However, you also need to consider their level of experience in handling cases related to construction accidents. A lawyer with decades of experience practicing law but minimal experience with construction accident cases may not be a good fit for you. What is your fee structure?Different attorneys use different fee structures to charge for the legal services they provide. A common fee structure with construction accident attorneys is on contingency. This means that if you lose the case, no payment is required. And if win, your lawyer is entitled to a percentage of your settlement. Based on your own financial situation, you may favor one fee structure over another. Establish this early on so that you can determine if the payment for services aligns with all parties. What would be the expected settlement range for a case like mine?
You want a lawyer who believes that they can obtain the highest settlement and/or workers compensation for you. But you also want a lawyer who gives you the best chances of winning the case. So pay very close attention to their answers. A range too high may be overly optimistic and could signal unrealistic expectations. And a range that is very low may signal low competency when it comes to negotiation. Compare the settlement ranges proposed by every construction accident lawyer you meet with before settling on the lawyer you are most comfortable working with. Are you experienced in both out of court settlements and trials?The circumstances surrounding a construction accident can add complexities to a case and depending on negotiations can either be settled out of court or put before a judge through trial. The construction accident lawyer you hire should be experienced in both in order to ensure you receive the best possible outcome for your case. What miscellaneous costs can be expected, and who will pay for them?It is common to incur costs outside of the agreed legal services provided by your construction accident attorney – for example, witness fees. Before hiring a lawyer to represent you in your workplace injury claim, make sure to establish all possible miscellaneous costs that may come up during the course of the case and whether these costs will be paid for by the law firm or out of your own pocket. When do you expect a case like mine to complete?If you have been injured in a construction accident, you may not be able to work and are relying on the settlement of your case to pay for critical medical expenses and move forward with your life. A construction accident lawyer with a wealth of experience handling cases like yours should be able to provide accurate estimates of how long you can expect your case to settle. Hiring a construction accident lawyer in QueensSeeking the advice of a construction accident attorney and weighing your legal options is important following a workplace injury. Before retaining any counsel, you should conduct thorough interviews with multiple candidates to assess their qualifications and determine if they are right for your case. Top Rated Accident Lawyer in Queens K L Sanchez Law Office, P.C. Car Collision and Construction Accident Lawyer in NYC Keetick Sanchez https://accidentlawyer-queens.com/6-important-questions-to-ask-a-construction-accident-attorney-before-hiring-them/ 6 Important Questions to Ask A Construction Accident Attorney Before Hiring ThemVia https://accidentlawyer-queens.com/6-important-questions-to-ask-a-construction-accident-attorney-before-hiring-them/ Construction workers in the U.S. are at particular risk of suffering accidents and fatalities on the job. Research has found that construction workers are the fourth-highest group of employees at risk for work-related fatalities. And one of the most serious accidents that construction workers face are those involving scaffolding. According to the U.S. Bureau of Labor Statistics, it is estimated that about 65 percent of construction workers actively work on scaffolding as part of their jobs. Unfortunately, scaffolding accidents are notoriously dangerous, resulting in approximately 60 fatalities and 4,500 injuries annually. Dealing with injuries after a scaffolding accident can be overwhelming. The victim will have to suffer from the pain of their injuries while also having to deal with medical bills and other financial challenges from being out of work. Hiring a skilled scaffold accident lawyer may be able to help the victim recover the compensation they deserve. Attorney Keetick L. Sanchez and her team of experienced personal injury lawyers are well-versed in the laws surrounding scaffolding accidents. Call us today at (646) 701-7990 to schedule a free consultation. Scaffolding Accidents are a Particular Problem in New York CityScaffolding safety violations are the fifth most common OSHA safety violations in the nation. Recently, OSHA issued its highest fines ever to violating construction companies in the first quarter of 2021, many for scaffold violations. Because of the size of many of our buildings in New York City, scaffolding safety is a particular issue here. When scaffolding is not properly secured, constructed, or maintained, workers can fall from great heights, leading to serious injuries and tragic deaths. Common NYC Scaffold AccidentsWhile most scaffolding accidents are falls, some involve the collapse of the structure itself. Some scaffold accidents are unavoidable, but unfortunately, most are caused by serious unaddressed safety issues. These can include
When a worker has sustained injuries in a scaffold accident, they may be able to collect compensation for their injuries through workers’ compensation, a personal injury lawsuit, or a claim based on New York’s scaffold law. New York’s Scaffold LawIn New York, we have laws that specifically address accidents caused by safety issues on construction sites. New York Labor Law § 240, otherwise known as the scaffold law, helps protect those workers who have been injured on a site because of safety problems and holds contractors, owners, and agents liable when these accidents happen. If a gravity-related accident occurs due to safety violations, multiple parties can be held legally and financially accountable for a worker’s injuries. The Deliberate Nature of Our Scaffold LawWhile the scaffold law does help many construction workers and their families get the crucial help they need after an accident, these claims are not always easy to establish. The laws have been written very specifically, and the courts are very strict about what claims fall under the law. The burden of proof is on the victim to establish that laws have been violated and that the violation is what directly contributed to the accident. Via https://accidentlawyer-queens.com/what-is-a-scaffolding-accident/ |
ABOUT USIf an individual or their loved one has been involved in an accident, seeking legal representation is a crucial step towards receiving the compensation they rightfully deserve for their injuries. Especially in the borough of Queens, New York, where accidents of various kinds occur frequently, it is important to have the guidance of an experienced Queens accident lawyer. FIND US ONLINE Bitly Box Diigo Dropbox Evernote Postach.io Histre Inoreader Instapaper Nimbus OneDrive Onenote Raindrop.io Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Map Related Links About.me Behance.net Dribbble.com taplink.at Gravatar.com Carrd.co Minds.com Justpaste.it issuu.com Linktr.ee Solo.to Google Sites Yelp Justia Avvo Bloglovin Alltop Follow.it Feedspot TheOldReader Archives
November 2022
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