Bronx Construction Accident Lawyer
Construction accident injuries can lead to injuries that often require surgery, significant pain, disability, and an uncertain future. You may entitled to compensation through a workers’ compensation claim and a civil lawsuit.
Workers’ compensation is meant to provide workers with prompt access to benefits, but employers and insurers often put up barriers to avoid paying injured workers what they’ve earned. Meanwhile, parties other than employers often cause or contribute to construction accidents. Contractors, property owners, and equipment manufacturers may be responsible for the worker’s injury. If so, an injured worker may pursue a personal injury lawsuit against them to recover compensation.
Lever & Ecker, PLLC, offers big firm service with a small firm approach and deep roots in the Bronx. If you or your loved one has been injured in a construction accident, our attorneys will meet with you for free to discuss your case. We make home and hospital visits and set appointments every day of the week. If you hire us, we will do all the hard work for you without charging any upfront fees, and you only pay if we win. Call our Bronx office today at (718) 933-3632 to schedule your free consultation or contact us online.
- Why Choose Lever & Ecker to Handle Your Bronx Construction Accident Injury Claim?
- Your Time to Act is Limited
- What Damages Can I Recover If I Was Injured in a Construction Accident in the Bronx?
- Can I Receive Compensation If the Construction Accident Was Partly My Fault?
- What Are Your Options When Your Loved One Dies in a Bronx Construction Accident
- Liability for Construction Accident Injuries
- Construction Accidents Are a Big Problem in the Bronx
- Schedule Your Free Construction Accident Case Review Today
Why Choose Lever & Ecker to Handle Your Bronx Construction Accident Injury Claim?
We have over 70 years of combined experience recovering hundreds of millions in compensation for injured individuals. When you choose our award-winning attorneys, we will treat you like family. Our approach is simple: We listen to you, guide you, and help you with whatever needs to be done right away. We accept a limited number of cases so we can give every client the attention they deserve.
We have won hundreds of substantial settlements and verdicts for injured New York City construction workers, including the examples below:
Insurance companies refuse to play fair. We level the playing field. Our knowledge of state and local labor laws has helped us win big for our clients. We have the experience and stamina to fight for the highest compensation available from every possible avenue.
How Long Does Someone Have to Sue for a Construction Accident in New York?
If you or your loved one is coping with construction accident injuries, you must take action now to avoid missing important deadlines, which vary based on the type of claim you can file. You must report your injury to your employer within 30 days to receive workers’ compensation benefits. If you qualify to file a lawsuit against a party whose wrongdoing caused you harm, the New York personal injury statute of limitations generally requires you to file it within three years of the incident.
The statute of limitations in New York is complex, and many exceptions exist. If you wait too long, you can lose your right to recover the damages you deserve. Rather than put your future in jeopardy, contact our skilled Bronx construction accident lawyers today.
What Damages Can I Recover If I Was Injured in a Construction Accident in the Bronx?
After a construction accident, you may be able to recover damages through multiple avenues. Most employers in New York must carry workers’ compensation insurance, which provides medical care and disability benefits to injured workers until they recover.
Problems typically arise when workers suffer serious injuries and can’t work for extended periods. Disability payments from workers’ compensation typically aren’t sufficient to compensate for serious injuries.
Many construction accidents are caused by or contributed to by parties other than the workers’ employers. While you generally cannot sue an employer who carries workers’ compensation insurance, you may also be able to recover additional damages through a third-party claim. A third-party claim is a lawsuit against parties other than your employer who played a role in causing your accident.
Workers’ Compensation Benefits
Workers’ compensation benefits include:
- Medical care
- Partial wage replacement at the rate of 66 and two-thirds percent of your average weekly wage
Once approved, you receive biweekly benefits. Workers’ compensation benefits are payable to all workers, including noncitizens.
Recoverable Compensation in Third-Party Claims
The range of damages recoverable in a third-party lawsuit is much broader than those available in workers’ compensation cases.
If someone other than your employer contributed to your injuries, you may be entitled to recover the following damages in a third-party lawsuit:
- Past and future pain and suffering
- Past and future lost wages
- Past and future medical expenses
- Loss of enjoyment of life
- Disability
- Scarring
- Disfigurement
- Emotional distress
- Punitive damages.
Can I Receive Compensation If the Construction Accident Was Partly My Fault?
Workers’ compensation is a no-fault insurance policy, meaning your entitlement to benefits is not affected by whether you were at fault. An employer must pay benefits benefits unless you intentionally caused the accident or your use of alcohol or a controlled substance contributed to it.
In addition, if you were partly at fault for your accident, you may still be able to receive compensation in a third-party claim.
Shared Fault in Third-Party Claims
New York is a pure comparative negligence state, meaning you can recover damages if you are less than 100 percent to blame for the accident. However, your compensation will be reduced in proportion to your share of the fault. For example, if you are 40 percent at fault, you will only be eligible to receive 60 percent of your damages.
New York’s Scaffolding Law provides an exception to comparative negligence. That law holds general contractors, construction managers, subcontractors, and property owners strictly liable for injuries to workers from falls or falling objects involving scaffolding and other devices. Comparative negligence is not available as a defense.
In addition, if you are suing an employer who failed to carry workers’ compensation, the employer cannot use your share of fault against you.
Never admit fault for your construction accident or apologize for it. Even if you have already been declared at fault for the accident, such a determination is not final. When you choose our reputable Bronx construction accident attorneys, we will perform our own investigation, which could potentially clear you of blame.
What Are Your Options When Your Loved One Dies in a Bronx Construction Accident
If you lose a loved one from a construction accident in the Bronx, your family may be entitled to damages. Workers’ compensation provides death benefits, including funeral and burial costs and support to surviving spouses and dependent children.
However, if someone other than the employer contributed to your loved one’s death, you may be entitled to recover damages through a wrongful death lawsuit. Wrongful death claims provide a broader range of damages to grieving family members than workers’ compensation benefits.
Third-Party Claims for Fatal Construction Accident Injuries
In New York, a personal representative must file a wrongful death claim on behalf of the estate. Recoverable wrongful death damages in New York include the following:
- Loss of your loved one’s financial support
- Funeral and burial expenses
- Your loved one’s pain and suffering
- Your loved one’s medical expenses
- Lost inheritance
Our caring Bronx construction accident lawyers will be there to listen to you, support you, and guide you through every step of the process while we aggressively pursue justice for your loved one.
Liability for Construction Accident Injuries
When we take on your Bronx construction accident claim, we will immediately conduct a detailed investigation of your accident. We will identify all the parties that caused or contributed to your accident. We will file a third-party claim if we determine parties other than your employer caused or contributed to your accident. Examples of third parties who may be liable for your injuries include:
- General contractors and construction managers
- Property owners
- Manufacturers of defective safety or construction equipment
- Drivers or vehicle owners
We will also look for evidence that your employer violated labor laws, which may allow you to file a lawsuit against your employer, even if the employer carried workers’ compensation. These laws require employers to maintain safe conditions during construction, demolition, and excavation.
Construction Accidents Are a Big Problem in the Bronx
Construction is one of the most dangerous industries in the United States, and the Bronx is no exception. The 2022 New York City Construction Safety Report revealed that 72 Bronx construction workers were injured on the job in 2022, and one was killed.
When construction companies in the Bronx fail to comply with safety regulations, construction workers are the ones who pay the price. In 2019, 46-year-old Segundo Manuel Huerta Mayancela, an Ecuadoran immigrant, was crushed to death when a building collapsed on top of him. The contractors have been charged with criminal homicide because they obtained their permits through fraud and never even visited the job site.
In July 2023, two construction workers at Orchard Beach Pavilion were seriously injured when a large piece of concrete ceiling fell on top of them. In another incident, Norwood News reported that three Ecuadoran workers in their 20s suffered third-degree burns in a flash fire at a construction site on East Gun Hill Road in May. The building contractor had a history of safety violations and even continued working illegally after receiving a stop work order from the city.
Common Construction Accidents in the Bronx
The Occupational Health & Safety Administration reports that the four most common types of construction accidents are:
- Falls are by far the most common cause of fatalities and serious injuries on construction sites nationwide and throughout the city, especially falls from heights.
- Struck-by accidents involve getting struck by falling objects, flying objects, or a vehicle.
- Caught-in or caught-between accidents involve being pinched or squeezed between objects or getting crushed by a collapsing structure.
- Electrocutions, including electrical shocks and electrical injuries, often occur at construction sites.
Schedule Your Free Construction Accident Case Review Today
Construction workers deserve safe working conditions. When you are injured on the job, our knowledgeable Bronx construction accident lawyers will be there to pursue the compensation you deserve. We will do the hard work for you.
We take personal injury cases…very personally. Schedule your free consultation today by completing our easy online contact form or calling (718) 933-3632.
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