Falling Debris
Click For Your Free Consulation
Have you been injured by debris falling on worksites in New York City, NY? The New York City construction accident lawyers at the Law Offices of Jay S. Knispel Personal Injury Lawyers can help you recover compensation for your injuries. Our construction accident lawyers have helped countless clients suffering from construction-related injuries. You should not be responsible for your damages if you were hurt on the job. Let us stand up for you and assert your rights to workers’ compensation and/or a personal injury suit.
Call (212) 564-2800 or contact us online for your free consultation today.
Table of Contents
Your bills may be piling up after your worksite injury. To make matters worse, you may be unable to work because of your accident. Our NYC construction accident lawyers can help you recover compensation for your losses and empower you to move forward after your injury.
The Law Offices of Jay S. Knispel Personal Injury Lawyers has over 20 years of experience in the personal injury and workers’ compensation fields. We have recovered tens of millions for injured clients and workers. Our founder, Attorney Jay Knispel, is a Top 100 Trial Lawyer and a member of the Multi-Million Dollar Advocates Forum. If you were hurt by debris falling on a worksite, he is exactly who you want on your team.
When you bring our team onto your case, we will get started by:
Workers’ Compensation claims for injuries on a construction site can be complex. Employers and insurance companies will try to push you around or downplay your injuries. Don’t let this happen to you — contact our New York City personal injury attorneys right away for your free consultation.
Being struck by an object is one of OSHA’s “fatal four.” The fatal four are the leading causes of workplace injuries in the United States.
Around 700 workers are killed each year after being struck by an object. In 2019, these accidents injured over 200,000 employees.
In New York City, falling objects or equipment killed 18 workers between 2018 and 2019 — eight percent of the workplace fatalities for those years. These events injured many more and resulted in substantial lost time for workers.
If you were hurt by falling debris on a worksite, there are two main types of claims available to you. The first and most common path to financial recovery is a workers’ compensation claim.
The workers’ compensation system was created as a more streamlined way for workers to get benefits without having to sue their employers. It is a no-fault system that guarantees benefits to injured workers. In exchange, injured workers give up their right to sue their employer.
The second type of claim is called a third-party claim, and these are much less common.
The workers’ compensation process starts when you provide notice to your employer that you were injured on the job. You should do so right away, but never more than 30 days after an injury. If you wait longer than 30 days to report the injury, you could forfeit your entire claim. Likewise, you cannot wait longer than two years to file a claim with the Workers’ Compensation board.
Workers’ Compensation Lost Wage Benefits are payable after 14 days of not working. Usually the employer accepts the claim without issue, and the insurance company starts paying out benefits quickly. You should contact a New York City workers’ compensation lawyer if they deny your benefits.
Third-party claims are civil suits against someone other than your employer. These lawsuits can be brought when the negligence of someone outside your company caused your injuries. For instance, if a different construction company, contractor, or subcontractor dropped debris that injured you, you may have a third-party claim.
Our experienced New York City construction accident lawyers at the Law Offices of Jay S. Knispel Personal Injury Lawyers will explore every option available to you. We are committed to fighting for every penny you are entitled to under New York law.
Every case is unique, so we can’t put a dollar amount on your case without a careful investigation.
There are three types of Workers’ Compensation benefits:
Lost Wage Benefits are calculated using a formula. The formula takes your average weekly pay for the previous year and multiplies it by 2/3. This number is then multiplied by your percentage of disability as determined by a doctor.
This means if you are deemed 50% disabled, you won’t receive the full 2/3 weekly pay. Instead, you’d receive 50% of it. However, if you are completely unable to work, you would receive the full 2/3 of your wage.
As you can see, the degree of injury sustained has a huge impact on the weekly Lost Wage Benefit. There are four main classifications of injuries under the Workers’ Comp system:
There is no maximum number of weeks to receive Lost Wage Benefits if you sustain a Permanent Total Disability. However, most other injuries have a time limit. Beyond this point, one can no longer receive Lost Wages.
Lost Wage Benefits have a maximum dollar amount per week set by law. The maximum is adjusted annually and appears in this chart.
Health benefits are every bit as important as lost wage benefits. Your employer’s insurance should pay for you to receive high-quality health care for your injuries after you were hurt by falling debris at your work site. It is important that you follow the regulations of the insurer and employer to make sure they will cover everything.
If you are eligible to file a third-party personal injury claim, you could receive additional damages for your injuries. You could be entitled to all your economic damages, such as medical bills, lost wages, etc. Moreover, you could be eligible for non-economic damages, which compensate for your pain and suffering and are not part of workers’ compensation.
Workers’ Compensation systems are generally considered “no fault.” This means you can recover Lost Wages and Health Benefits, even if you were at fault for your accident.
An important limitation to this rule is for intentional conduct or reckless conduct. For instance, intentionally injuring oneself, refusing to wear safety equipment, or even using drugs on the job could prevent you from receiving Workers’ Comp benefits.
If you file a negligence suit against a third party, your contributions to your injuries can reduce your compensation. Under New York’s comparative fault rules, you can recover damages if you are partially at fault for your accident. However, your damages will be reduced to account for your share of fault.
Sometimes employers will try to say you got hurt on purpose or were under the influence to get out of paying you your benefits. The Law Offices of Jay S. Knispel Personal Injury Lawyers will aggressively fight back against these sorts of allegations. We will be on your side, defending your reputation every step of the way.
The Law Offices of Jay S. Knispel Personal Injury Lawyers is ready to help if you were injured by debris falling on a work site. We have a passion for helping injured New Yorkers get back on their feet after construction accidents. Waiting too long can jeopardize your claim.
Contact us today for your free consultation with a New York City construction accident lawyer.
450 7th Ave #1605, New York, NY 10123
(212) 564-2800
(516) 715-5944
New York City Office
450 7th Ave Suite 1605
New York, NY 10123
(212) 564 2800
Brooklyn Office
26 Court St., Suite 2511
Brooklyn, NY 11242
(718) 802-1600
We are available to take your call 24/7