Westchester County Construction Accident Lawyer
The financial, physical, and emotional consequences of a construction accident in Westchester County can be devastating for workers and their families. Workers’ compensation benefits may help with some medical expenses and lost wages, but they often do not fully address the impact of a serious injury. However, if a party other than your employer is responsible for your injuries, you may be entitled to pursue compensation through a personal injury lawsuit.
When your health and your family’s financial security are at stake because of a New York construction accident, Lever & Ecker will do the hard work for you. Our experienced Westchester County personal injury lawyers have decades of experience representing injured Westchester County construction workers and their families, with more than $250 million recovered in personal injury settlements and verdicts. Contact us today for a free consultation.
Key Takeaways
On This Page
- Injured in a Construction Accident in Westchester County?
- Why Choose Lever & Ecker for a Westchester County Construction Accident?
- Construction Accident Case Results: Scaffolding Accident
- Common Types of Construction Accidents in Westchester County
- What Compensation May Be Available After a Construction Accident In Westchester?
- What Causes Construction Accidents in Westchester County?
- New York Labor Laws That Protect Construction Workers
- How Long Do You Have to File a Construction Accident Lawsuit in Westchester County?
- Can Westchester County Construction Workers Sue their Employer?
- Construction Accidents Across Westchester County
- How Lever & Ecker Investigates Construction Accident Claims
- Frequently Asked Questions About Construction Accidents in New York
- Contact a Westchester County Construction Accident Lawyer
Injured in a Construction Accident in Westchester County?
If you were injured in a construction accident, you may have grounds to pursue a personal injury action against any responsible third parties in addition to a claim for workers’ compensation benefits. A third-party claim arises when someone other than your employer has caused or contributed to the accident. The experienced Westchester construction accident lawyers at Lever & Ecker can investigate the circumstances of your accident and determine whether you have legal grounds for a third-party claim.
Why Choose Lever & Ecker for a Westchester County Construction Accident?
When you choose us to handle your construction accident claim, you’ll get a local personal injury law firm with more than 80 years of combined experience handling construction accident personal injury claims in Westchester County and across New York.
Our personal injury attorneys have a deep understanding of New York’s labor laws and how they affect job-site accident claims. We have the resources and experience to handle the most complex construction accident cases, including those involving serious and catastrophic injuries, and we’ll be prepared to take your case to trial if necessary.
We have recovered more than $250 million in settlements and verdicts for personal injury victims, including the following results for our construction accident clients:
Construction Accident Case Results: Scaffolding Accident
Common Types of Construction Accidents in Westchester County
Construction accidents take many forms, often resulting in severe or fatal injuries. Common types of construction accidents in Weschester County include the following:
- Falls from elevated work areas, including roofs and platforms
- Accidents involving ladders or scaffolds
- Construction vehicle and equipment accidents
- Injuries caused by falling tools, materials, or debris
- Electrocution and other electrical accidents
- Trench collapses and excavation accidents
- Crane and hoist accidents
- Explosions, fires, and chemical exposure
- Saw blade and other sharp object accidents
- Demolition accidents
What Compensation May Be Available After a Construction Accident In Westchester?
If you have been injured in a construction accident anywhere in Westchester County, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other losses caused by your injuries. The compensation you can pursue depends on the type of claim.
Workers’ compensation benefits generally cover your medical expenses and a portion of your lost wages. However, they do not cover pain and suffering and other non-economic losses. Thus, they rarely address the full impact of the injuries. On the other hand, in a personal injury claim, you can seek compensation for your medical expenses, long-term care, rehabilitation, lost wages, loss of future earning capacity, pain and suffering, emotional trauma, reduced quality of life, and other related damages.
Because workers’ compensation covers fewer types of losses, a thorough investigation can help identify all potentially liable parties. Missing a liable party may limit the compensation available for your injuries and losses.
What Causes Construction Accidents in Westchester County?
Construction accidents in Westchester County can occur for many reasons, often due to conditions or actions that put workers at unnecessary risk. Some common causes of construction accidents include:
- Unsafe work conditions: Hazards such as unstable surfaces or unprotected areas can increase the risk of injury.
- Defective equipment: Faulty tools, machinery, or other equipment can malfunction, causing serious injuries.
- Inadequate safety measures: Missing safeguards or warning signs can leave workers exposed to preventable hazards.
- Lack of proper training: Workers may face greater risks when they do not receive appropriate instruction for their tasks.
- Employer or contractor negligence: Failing to address known hazards or supervise work properly can contribute to accidents.
- Violations of safety regulations: Failing to follow required safety rules can create dangerous conditions on a job site.
After an accident, it is necessary to first identify the cause of the injury to determine all the potentially liable parties.
New York Labor Laws That Protect Construction Workers
New York’s labor laws impose certain safety protections for Westchester County construction workers and allow injured workers to hold property owners, contractors, and other responsible parties accountable for job-site injuries. The following are key provisions that are often relevant in construction site accident claims:
New York Labor Law § 200
Labor Law 200 provides that all worksite operators and overseers have a general duty to protect employees’ health and safety. The law requires all construction sites in Westchester County to be constructed, equipped, arranged, and operated to provide reasonable and adequate protection for the lives, health, and safety of workers. It also requires all machinery, equipment, and devices to be properly placed, operated, guarded, and lit to keep workers safe.
New York Labor Law § 241
Labor Law 241 requires that all contractors, property owners, and agents must comply with specific safety requirements when performing construction, excavation, and demolition work. The law sets requirements for floor support, enclosed elevator shafts, protective barriers, and more.
New York Labor Law § 240
Labor Law 240, also known as the Scaffolding Law, requires that proper safety measures be taken to protect construction workers around scaffolding, hoists, ladders, and other devices on Westchester construction sites.
How Long Do You Have to File a Construction Accident Lawsuit in Westchester County?
New York’s statute of limitations generally gives injured construction workers in Westchester County three years from the date of the accident to file a personal injury lawsuit. However, different deadlines apply to the following:
- Claims involving government entities: You must file a Notice of Claim within 90 days of the accident and a lawsuit within one year and 90 days of the accident.
- Wrongful death claims: The personal representative of the worker’s estate typically has two years from the date of death to file a wrongful death lawsuit.
Because a single construction accident may involve multiple parties and insurance claims, it is important to determine the applicable deadlines as soon as possible. If you miss the deadline and have a valid third party construction accident claim, you will likely lose your right to recover compensation.
Can Westchester County Construction Workers Sue their Employer?
In most cases, Westchester county construction workers cannot sue their employer for injuries sustained in a construction accident. Workers’ compensation is usually the exclusive remedy from your employer. The system prevents you from suing your employer for a work accident. However, you may be able to pursue a personal injury claim if a third party caused or contributed to your injuries.
Workers’ compensation is a no-fault system that provides coverage for medical treatment and lost wages regardless of who caused the accident. A third-party lawsuit allows you to seek certain damages beyond workers’ compensation benefits, such as pain and suffering, but you must prove that someone else’s actions or omissions contributed to your accident.
Whether Westchester County construction workers can pursue a third-party lawsuit depends on the facts of the accident. Potential defendants include:
- Construction site owners
- General contractors
- Construction managers
- Subcontractors
- Equipment manufacturers
- Other negligent parties
Multiple parties may contribute to an accident, particularly on a construction site where several companies and contractors work together.
Construction Accidents Across Westchester County
Construction accidents happen on a range of projects throughout Westchester County, from residential and commercial construction to infrastructure and renovation work. We handle claims involving all types of worksites in communities such as White Plains, Yonkers, New Rochelle, Mount Vernon, Mamaroneck, Port Chester, Ossining, Peekskill, and Cortlandt. We make home and hospital visits, so if you can’t come to us, we’ll come to you.
How Lever & Ecker Investigates Construction Accident Claims
Our firm thoroughly investigates construction accident claims to establish clear, evidence-based accounts of what happened and the resulting losses. We begin gathering evidence immediately because the conditions may change quickly as work continues at a construction site.
Our investigation often involves the following:
- Determining how the accident happened and what conditions contributed to it
- Identifying the responsible parties based on the circumstances of the accident
- Reviewing worksite records, safety records, and other relevant documentation
- Working with qualified experts to evaluate technical issues and establish what caused the accident
- Calculating current and future damages related to your injuries and their impact on your life
Frequently Asked Questions About Construction Accidents in New York
What Should I Do if I Am Injured at a Construction Site in Westchester County?
If you are injured on a construction site, seek medical attention and report the accident to your employer as soon as possible. Document the accident and your injuries, and keep records related to your medical care and time away from work. Also, consult a construction accident lawyer to determine your options, including whether you have a viable third-party personal injury claim.
Can I Receive Workers’ Compensation and Pursue Another Claim?
Yes, you may be able to pursue both a workers’ compensation and a third-party personal injury claim. If you are injured on the job, you generally have a workers’ compensation claim regardless of who caused the accident. However, if someone other than your employer, such as a contractor or construction site owner, has caused or contributed to your injuries, you may have grounds for a lawsuit against them. A third-party claim may allow you to seek compensation for losses that workers’ compensation does not cover.
What if I Were Partially Responsible for My Construction Accident in Westchester County?
You generally can receive workers’ compensation benefits even if you were partly at fault for your injury, but sharing fault may affect your compensation in a third-party claim. Workers’ compensation benefits are recoverable regardless of who caused the accident. But if you pursue a third-party action against another responsible party, your compensation may be reduced by your share of the blame for the accident. A lawyer can review the circumstances and explain how comparative negligence may affect your case.
Contact a Westchester County Construction Accident Lawyer
When a construction accident changes your ability to work or care for your family, understanding your legal options can become an important part of planning for what comes next. At Lever & Ecker, our Westchester County construction accident lawyers can determine whether you have a claim beyond workers’ compensation and take steps to preserve important evidence while it is still available.
To get started, contact us online or call (914) 288-9191 for a free, no obligation consultation.
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At Lever & Ecker, we take your injury personally — because to us, you’re more than just a case. From day one, you’ll have our full attention, support, and relentless dedication to your recovery. Whether you’ve been injured in a crash, a fall, or on the job, we’re here to help you take the next step forward.
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