White Plains Construction Accident Attorney
On average, construction accidents kill 53 workers each year in New York and injure hundreds more. In each of these cases, victims and their families are left devastated by the injuries and losses caused by the accident. It can take years to recover from these accidents; in many cases, victims must endure a lifetime of difficulties.
Greenspan & Greenspan Injury Lawers is a leading personal injury firm in New York. If you were hurt on the job, call our office to speak with a White Plains construction accident attorney. We can assess your case and determine if you are eligible for compensation.
Your Rights If You Are Hurt in a Construction Accident
The law gives you the right to seek compensation from the party responsible for your injuries. In construction accident cases, you must prove negligent conduct on the part of the responsible owner or contractor. When a worker is working at a height, such as on a ladder or scaffold and an accident occurs, the key question is often this: Was your injury caused by the absence or failure of a safety device on a construction site? If the answer is yes, New York’s Labor Law Section 240 and its related statutes Labor Law 241(6) and 200 come into play.
New York’s Labor Law Section 240 – also known as the Scaffold Law, imposes what is known as absolute liability on the property owner and the general contractor at the construction site when a worker is injured as a result of the failure (or absence) of a safety device. There are a number of requirements that must be met in order to bring the worker into the protection of this statute. Call an experienced New York construction law attorney to discuss your rights under the Scaffold Law.
What if your case does not come within the protection of the Scaffold Law? For the lawsuit to succeed, you must demonstrate these four elements:
- Duty of care. All individuals involved in a construction project have a legal duty to take reasonable steps to ensure worker safety. These can include property owners, contractors, subcontractors, and equipment manufacturers.
- Breach of duty. A breach occurs when one party fails to uphold their duty of care. This breach is a deviation from acceptable behavior that puts others at risk.
- Causation. You must prove that the breach of duty directly caused your injury. We must show that the responsible party broke an important safety rule, so causation means that the accident and harm would not have happened if the responsible party had followed the rules and acted differently.
- Damages. You must have suffered actual losses as a result of the accident. These can include physical, economic, or mental damages.
Successfully proving negligence in a construction accident can be complex. Construction sites often involve multiple parties and hazards, and determining fault requires careful analysis. Call today to speak with a White Plains construction accident lawyer about your case.
Steps to Take After an Accident
The aftermath of a construction accident can be chaotic and overwhelming. Taking these crucial steps will protect your health, legal rights, and potential for financial recovery.
Seek Immediate Medical Attention
Your well-being is the most important issue after an accident. Call 911 or have someone take you to the emergency room for immediate treatment, even if your injuries do not seem severe at first. Some injuries have delayed symptoms, and waiting too long can create further risks. Also, getting prompt medical attention creates essential documentation to support your potential claim. Do not delay seeking treatment, even if an employer tries to encourage you to do so.
Report the Accident to Your Employer
Even if your injuries are minor, inform your foreman, supervisor or employer as soon as possible. There are formal accident reporting procedures, and failing to follow them can jeopardize your right to compensation and future legal options. Be sure to ask for a copy of any reports your employer files.
Document the Scene
Take out your phone and start taking photos and videos of the accident scene, including any unsafe conditions, faulty equipment, injuries, and other relevant details. Eyewitness accounts are also valuable, so get the names and contact information of anyone who saw the accident. Do not speak with any representative of your company’s or the property owner’s insurance company without speaking to your lawyer first!
Preserve All Evidence
Save any clothing you wore and keep any damaged property involved in the accident. These items can help show the severity of the accident. Keep records of your communication with your employer and the responsible party. Lastly, retain all receipts for any out-of-pocket expenses related to your losses.
Speak to an Experienced Attorney
Construction accident cases are complex. You need a lawyer who can communicate with multiple parties and layers of insurance companies. Greenspan & Greenspan Injury Lawyers offers free case evaluations, allowing you to speak with us without any upfront fees. Moreover, we only charge a fee if we get compensation for you.
How a White Plains Construction Accident Attorney Can Help
Dealing with the aftermath of a construction accident is stressful and overwhelming. Our firm is here to shoulder the burden, protect your rights, and fight for the compensation you deserve. We stand up to the insurance companies for you.
Personalized Legal Strategy
Each construction accident case is unique. We take the time to understand your specific circumstances and injuries, tailoring our legal strategy to meet your needs. This personalized approach helps maximize your chances of a successful outcome.
Working with Your Worker’s Compensation Lawyer
Getting hurt on the job means having to navigate the worker’s compensation system. We will team up with a worker’s compensation attorney to get you the benefits that you are entitled to receive.
Thorough Investigation
Construction accidents demand a meticulous investigation process. Our team will gather all relevant evidence and work with experts to determine the cause of your accident and identify the liable party. This thorough approach builds the strongest possible case on your behalf.
Handling Complex Insurance Claims
Insurance companies focus on minimizing payouts, preventing you from getting the compensation you deserve. We handle all communication with insurance adjusters, showing why the law and evidence support your claim. We only recommend accepting a settlement if it is your best option.
Compassionate Support
We understand that construction accidents cause physical, financial, and emotional stress. Our approach prioritizes compassion and communication. We will keep you informed throughout the process and ensure you have the support you need. With our firm, your New York construction injury lawyer will handle the legal process so you can focus on recovery.
What Types of Compensation Can I Receive?
If you have been injured in a construction accident, you might be entitled to various types of compensation to cover your losses and support your recovery. Here are some common damages you might be able to claim:
- Medical expenses. This includes all costs related to your injury, such as hospital bills, doctor visits, medication, physical therapy, and future medical treatment.
- Lost wages. You may be compensated for the income you lost while unable to work due to your injuries, including potential future earnings lost if you cannot return to your previous job.
- Pain and suffering. You can claim damages for the physical injuries, pain, emotional distress, and reduced quality of life caused by your injuries.
- Disability. If you suffer temporary or permanent disability, you may be entitled to compensation for the costs associated with your limitations and loss of future earning capacity.
- Wrongful death. In the tragic case of a fatal accident, surviving family members may be able to receive compensation for loss of income, funeral expenses, and other economic damages.
The specific types and amounts of compensation you can receive will depend on the circumstances of your case. Our New York construction accident attorneys can assess your situation and fight for the maximum compensation you deserve.
Speak with a White Plains Construction Accident Attorney
Greenspan & Greenspan has over 30 years of experience fighting for injured workers. We have secured millions in compensation for our clients and are committed to achieving the best possible outcome for you. Call today to schedule a free consultation to discuss your case.