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WHAT TO EXPECT
Construction Accidents
Construction Accidents
What should I do if I have been injured on the job in New York?
f you’ve been injured on the job in New York and your doctors have told you that you’re either going to miss some significant time from work or that your injuries are going to last into the future for some period of time, the most important thing that you can do is hire an attorney to protect your rights. Sometimes that’s only a worker’s compensation attorney to protect you for your lost wages and your medical bills. But a lot of times it’s also a third party attorney, meaning an attorney to sue the person that hurt you, to protect you for your future losses. Nobody knows at the beginning of an injury how long you’ll be outta work or how long those injuries will last. A third party attorney, an attorney that represents you against the person that hurt you can make sure you’re protected in the case of a permanent injury or a long term injury disability that prevents you from working or results in you losing your job.
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Can I file a lawsuit for my New York City construction accident?
If involved in a New York construction accident, you are able to file a lawsuit against various parties, depending on their role in the project. Subcontractors, and contractors, and building owners are parties that can be sued and will be sued if the circumstances warrant.
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How do I know if I am entitled to bring a lawsuit for my New York construction accident?
The best way to know if you’re entitled to recover money for an injury that you sustained in a construction accident is to call a lawyer who has experience in representing people who have been injured in these types of accidents. If you’ve fallen on a construction site and hit by a falling object, fallen off a scaffold or any other type of injury that you may have sustained while on a job site, the first thing that you should do if you feel that those injuries are going to affect you for a long time is to call a lawyer. We at Greenberg & Stein have represented many, many people in construction accidents like this so if you call us, we’ll be able to answer any questions that you may have.
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Is it expensive to file a lawsuit in New York for a construction accident injury?
It is expensive to file a lawsuit and to maintain an action for the truck’s accident in New York. But here at Greenberg & Stein, we front all the expenses. Does not cost you any money to bring a lawsuit. At the end of the case we’re entitled to recover those expenses.
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What damages are recoverable in a construction accident case in New York?
When you’re hurt on the job, even at a construction site, you’re entitled to two types of recovery. The first is workers’ compensation that covers your medical bills, your lost wages, and any incidentals that you have as a result. You’re also entitled to sue the people that may have caused your injury that aren’t your boss such as the owner of the building, the general contractor. Those people you sue for your pain and suffering, your loss of enjoyment of life, and your inability to perform your normal everyday duties as you did before the accident. Now, sometimes, those overlap. Your lost wages especially the past and your medical bills especially the past you may have to re-pay to workers’ compensation, but, as far as your future is concerned and the future cost of your medical bills and the future lost earnings that you may have and the pain and the loss of enjoyment of life that you’re going to have for the rest of your life as the result of a serious injury, you may recover those from the people that injured you, the owner of the building, the general contractor, or any other subcontractor that may have caused your injury. If you have any questions about these issues, please feel free to call us so that we can answer them for you.
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What if I was injured on the job by defective machinery?
When you’re injured on the job by defective machinery, you have a number of potential people that could pay for your loss. The owner of your business, the people that you work for, would have to pay worker’s compensation. But generally, there … people who installed the machinery, who manufactured the machinery, and who maintain the machinery who are potential defendants in any lawsuit that you might bring if you were injured by a defective machine while you were working on the job site.
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What if my employer isn’t the only one at-fault for my construction accident injury in New York?
There are special laws that protect construction workers in the State of New York. Those laws make the owner of the building and the general contractor that he or she hires responsible for the safety on the job site. That means that it’s not necessarily important who causes your injury, but it’s the responsibility of the owner and the general contractor to have made sure that the job site was safe so that injury didn’t occur. You can sue the owner of the property and/or the general contractor at that job site, even if it’s not your employer that caused the injury.
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What types of New York construction accidents qualify for pain and suffering?
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Who can sue in a New York construction accident case?
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What is the statute of limitations to bring a New York construction accident case?
Generally the statute of limitations to bring a New York construction accident case is three years except if the project involves the City of New York or any public authority entity which the statute would then be one year and 90 days from the date of the accident.
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If I was injured while working on a large construction project in New York, can I sue the person who owns the property?
There are special laws in the State of New York that protect construction workers on job sites. Those laws make the owner of the property and the general contractor responsible to the workers on the job site to protect their safety. If you’ve been injured on a job site, and you feel that it was the owner or the general contractor’s fault for not protecting your safety, feel free to give us a call and ask us any questions that you might have so we can explain all of your rights under the law, especially these special laws that protect you if the owner or the general contractor doesn’t make the job site safe.
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What are my rights if I was injured by a third-party at the workplace?
A third party injuring you at the workplace means that it was somebody other than your employer or a co-employee that injured you at the workplace. Your rights against a third party at the workplace are the same as they would be against anybody else that hurt you. You can sue them, you can sue them for pain and suffering, loss of enjoyment of life, future, medical care, future, lost earnings, anything that your workers comp or no-fault benefits would not pay you, so it’s the same as it is against anybody else in the world.
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How quickly should I contact an attorney in a New York construction accident case?
It is important that you contact an attorney immediately following a New York construction accident case. There are deadlines and timelines which must be followed, and certain parties which must be put on notice of the accident and the facts and circumstances surrounding the injuries you sustained in the accident.
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Do I need witnesses of my construction accident to bring a lawsuit in New York and recover compensation for my injuries?
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Who is responsible for ensuring safe conditions at the construction site?
Any time you are working, as a worker, you’re not responsible for taking care of anyone else but yourself. But everyone else above you, so to speak, is responsible for taking care of you and your coworkers. That’s the owner of the property, the general contractors, any different trades that are working on the job site. Ultimately, they’re responsible for the workers’ safety at a job site.
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I was injured on a construction site and I do not know who is at-fault.
If you’ve been injured on a construction site, an attorney can certainly help you determine whether or not you can sue to recover for any injuries that you sustained. You should obviously make sure that you see a doctor to determine how serious your injuries are before you call a lawyer. But once a doctor’s told you that your injuries are severe and you may miss time from work, or you may have medical bills. If you call a lawyer they will help you navigate those issues. Who’s going to pay your bills, who’s going to pay our lost wages, how you’re going to recover from this injury financially, in order that your family doesn’t suffer any more than they have to.
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Can I still file a lawsuit in New York for my construction accident injury if I received workers’ compensation benefits?
Workers’ compensation benefits in New York cover your lost wages, your medical bills and any incidentals that you may have as a result of your accident. You are still entitled to sue anybody else who may be responsible for your injuries such as the owner of the building, the general contractor or another sub contractor on the site who caused your injury regardless of whether or not you received worker’s compensation benefits. You should always as your worker’s compensation attorney about a third party lawsuit. Meaning a lawsuit against another party other than your boss and if you have any questions about who might be responsible for those injuries, please call us and we would be happy to answer any questions that you might have.
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What are my rights against the owner of a property or the general contractor in NY Construction Accident Case
There are special laws in the state of New York to protect construction workers on construction sites in the state of New York. Those special laws make the owner and the general contractor responsible for the subcontractors on the site also. That means that even if you’re injured by a subcontractor that the owner and the general contractor can still be held responsible for your injuries. And your recovery can come from them not necessarily the subcontractor.
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I fell from a scaffolding while on the job. Can I sue?
One of the most important laws that the state of New York has to protect construction workers on job sites is a law that protects workers that fall from heights, whether that be a scaffold, a sidewalk bridge, a ladder, a platform. It’s the job of the owner of the building and of the general contractor to make sure that the workers that are working at heights have all the full protection that they need in order to protect them from falling off of a scaffold or off a ladder, off of a sidewalk bridge. If you fell from a ladder or scaffold or a sidewalk bridge, they did not give you the protection that they needed to in order to protect you and you can sue because of that. You should give us a call so that we can answer any questions that you may have regarding your specific case.
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Do I have to pay back my workers’ compensation benefits in New York if I settle a lawsuit for a construction accident?
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Who is responsible for the safety of the construction workers at a job site in New York?
The law in New York is specifically written to protect the workers at the job site. The law makes the owner of the property, any general contractor that the owner hires, and any other agent such as a construction manager responsible for the safety of the construction worker. If anyone is injured on the job site because there is a lack of a safety device or other type of safety protection on the job site, it is always the owner and the general contractor and their agents that are responsible to make sure that those things were safe and therefore, they are responsible for the safety of the job site.
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What is a third-party liability claim?
A third party liability claim means you are suing somebody other than your own insurance company for damages that you sustained as a result of an injury. That can be pain or suffering, loss of enjoyment and life, your future and past medical expenses, your future and past lost earnings. The difference between the third party lawsuit and a first party lawsuit is a first party claim is made against your own insurance company. It would be no fault in a car accident case. It would be workers’ compensation in a work-related applicant. Those are first party claim benefits. Third party claim benefits or lawsuits are made against the person that injured you, the other car, the owner of the building, that type of thing.
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