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Falls on Construction Sites

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Falls on Construction Sites

Falls on Construction SitesFalls on construction sites are a leading cause of worksite fatalities in New York City, NY. Victims are almost always entitled to workers’ compensation benefits to cover medical bills and lost wages. A construction accident lawyer at the Law Offices of Jay S. Knispel, LLC can evaluate whether you’re entitled to additional damages and help you get the compensation you deserve.

We’ve been helping injured construction workers recover fair compensation across NYC since we opened our doors.

If you were injured, call our law offices in New York, New York, as soon as possible to learn more about your legal options. We offer a free consultation, so there’s no reason to wait.

How the Law Offices of Jay S. Knispel, LLC Can Help After a Construction Site Fall in New York City

How the Law Offices of Jay S. Knispel, LLC Can Help After a Construction Site Fall in New York CityFor many construction workers, getting hurt on the job is life-altering. Fall injuries can be some of the most dramatic harms you can face. You’ll need time to recover before you can get back to work–and you’ll need money to keep you afloat.

You probably already know that you’re entitled to workers’ compensation benefits. Unfortunately, you may soon discover that getting full benefits isn’t as easy as you thought. With more than 25 years of experience, our New York City construction accident lawyers can help you through the entire process.

We can also evaluate whether you may have the right to pursue a personal injury lawsuit for damages above and beyond what workers’ comp covers.

You can count on the Law Offices of Jay S. Knispel, LLC to:

  • Fight for the full workers’ compensation benefits you deserve
  • Handle any challenges to your right to benefits, including claims that your injuries were pre-existing or not work-related
  • Help you complete and file the paperwork for your claim
  • Investigate to see whether you’re entitled to sue a third party for damages

Our New York City personal injury attorneys have one goal in mind: maximizing your overall compensation award. If you were hurt in a fall accident, give us a call in NYC today to schedule a free case review.

How Common Are Falls on Construction Sites in New York City?

Falls on construction sites are so common that the Occupational Safety and Health Administration (OSHA) has developed an entire set of federal regulations designed to prevent them. In fact, falls are the leading cause of workplace fatalities in the construction industry.

In 2019, the U.S. Bureau of Labor Statistics (BLS) reported that falls, slips, and trips caused 880 worker fatalities. Around 320 of 1,008 construction fatalities in 2018 were caused by falls.

In New York City, fall accidents are the second leading cause of workplace deaths. Most of those fatalities occur to construction workers.

What is My New York City Construction Accident Fall Case Worth?

There’s no concrete answer to this common question. The value of your injury claim will depend on many different factors, including the severity of your injury and how long you’re off the job. It also depends on whether you’re entitled to workers’ comp, damages for personal injury, or both.

Important facts to consider when assessing the value of your injury claim include:

  • How long you’re off the job recovering
  • Whether you’ll suffer a permanent disability
  • The cost of your medical treatment
  • Whether your future earning potential will be diminished because of the injury
  • How the injury impacts your daily life
  • Your physical pain and emotional suffering

There’s no precise formula when it comes to calculating what your personal injury case is worth. Our attorneys will dig deep into the facts of your case, and we’ll work with your doctors and other specialists to help you determine the value of your injury claim.

What Types of Damages Are Available to Construction Accident Victims?

Construction accident victims have two ways to recover financial compensation after a fall accident: workers’ compensation and/or a third-party claim.

Damages Available Via Workers’ Compensation in New York

Most construction workers are covered by New York workers’ compensation insurance.

In New York state, injured workers are generally entitled to recover benefits for:

Surviving family members can also claim survivor benefits. Those benefits include weekly cash benefits and funeral and memorial costs.

Third-Party Claims

A third party claim is a personal injury lawsuit against a negligent third party. You can’t sue your employer for damages after a construction site accident in NYC. You can, however, sue any other third party whose carelessness caused your accident.

Examples of responsible parties in a third-party lawsuit include:

  • Property owners
  • General contractors
  • Equipment manufacturers
  • Architects
  • Engineers

Construction accident victims can recover additional types of damages in personal injury cases. By filing a personal injury claim, you can recover economic damages and non-economic damages.

Economic damages generally mirror your workers’ compensation benefits and entitle you to compensation for:

  • Medical bills
  • Future medical expenses
  • Diminished future earning capacity
  • Rehabilitation
  • Property damage
  • In-home assistance

However, you can also recover non-economic damages through the third-party claims process.

Some examples of non-economic damages in New York include:

  • Pain and suffering
  • Emotional distress
  • Anxiety
  • PTSD
  • Diminished quality of life
  • Disfigurement and scarring
  • Loss of consortium

You may have the right to file a personal injury lawsuit and still claim workers’ compensation benefits.

However, New York state laws may require an offset if you receive benefits to cover the same expense. For example, if your workers’ compensation covers ⅔ of your lost wages and you later recover 100% of your lost wages, you may have to reimburse the state workers’ compensation board.

Can I Recover Damages If I’m Being Blamed for a Construction Site Fall Accident in New York?

Workers’ compensation in New York is a no-fault system. You can recover damages even if you’re blamed for the accident. You don’t have to prove negligence to claim workers’ compensation benefits.

However, if you’re eligible to file a personal injury lawsuit, you’ll have to understand New York’s contributory fault rules. New York follows a pure contributory negligence law. Accident victims can recover compensation if they’re partly responsible. Their damages are simply reduced in proportion to their share of fault.

We’ll Fight to Recover Compensation for All of Your Construction Site Fall Accident Injuries

Depending upon the height, fall injuries can cause serious injuries. Property owners and contractors often consider these risks when estimating the cost of a job.

We’ll fight to recover compensation for all of your fall accident injuries, including:

  • Traumatic brain injuries
  • Spinal cord damage
  • Skull fractures
  • Neck injuries
  • Concussions
  • Back injuries
  • Organ damage
  • Broken bones
  • Soft tissue damage
  • Loss of limbs
  • Paralysis
  • Catastrophic injuries
  • Wrongful death of a loved one

Were you injured in a construction site fall accident in NYC? Call our construction accident attorneys for help getting the full compensation you deserve.

What Causes Most Falls on Construction Sites in New York, New York?

Construction sites in NYC can be extremely dangerous. The fact that the city is full of skyscrapers only magnifies those fall hazards.

At the Law Offices of Jay S. Knispel, LLC, we handle all types of construction fall accident claims, including those involving:

  • Scaffolding collapses
  • Slip and fall accidents
  • Unmarked trenches or excavation sites
  • Falls while completing roof work
  • Trips over debris and clutter on scaffolding
  • Ladder falls
  • Falls from scaffolding
  • Falls down elevator shafts

It’s clear how these accidents can happen. But what’s causing so many fall accidents in NYC?

Some of common causes of falls on construction sites in New York include:

  • Lack of proper fall protection gear or protective equipment
  • Lack of proper safety training and supervision
  • Failure to provide a personal fall arrest system
  • Communication failures
  • Violations of New York State and OSHA national safety regulations
  • Defective ladders and equipment
  • Inadequately secured scaffolding or ladders

Because the risk of injury or death is so high, New York Labor Law Section 240 specifically addresses fall prevention. Under Section 240, general contractors and property owners are required to make sure that scaffolding is erected properly. They’re also required to make sure workers have the appropriate safety equipment for the job.

How Long Do I Have to Take Legal Action After a Construction Site Fall in New York?

You’ll have to take action quickly to preserve your workers’ compensation benefits. You must notify your employer about the accident within 30 days. After that, you’ll have two years to file a claim with the Workers’ Compensation Board.

The statute of limitations to file a personal injury lawsuit is three years from the date of the accident. If a negligent third party caused your injuries, you’ll have to submit paperwork within three years of the date of the accident or risk losing your right to compensation.

Contact a Lawyer Who Handles Cases Involving Falls on Construction Sites for a Free Consultation

Falls on construction sites happen all-too-frequently in NYC. if you were hurt, call a New York City construction accident lawyer at the Law Offices of Jay S. Knispel, LLC to schedule a free consultation today.