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According to the Occupational Safety and Health Administration (OSHA), approximately 20 percent of work-related fatalities are the result of construction accidents. Construction sites are dangerous places where anything can go wrong. The resulting construction accident injuries can change a victim's life, often rendering them unable to work.
When the unthinkable occurs, victims need a reliable construction accident lawyer at their side to keep them up to date with current laws and ensure that their rights are protected. The construction accident attorneys at the Law Office of Carl Maltese have helped several injured construction workers obtain the compensation they rightly deserve. Contact a Long Island construction accident lawyer today to book a free consultation and case review!
Who Is Responsible for the Damages in a Construction Accident Case?
When a construction worker or passerby is injured on or near a worksite, they have the right to hold the party responsible financially. Several parties may be liable for their losses, especially if they were merely traveling through the region when the accident occurred.
Establishing Who Is At Fault Is Never Easy
Unfortunately, establishing liability in a construction accident case is never easy, which is often due to the large number of parties that are often involved. Establishing fault usually requires a thorough examination of several contracts.
This includes the employment agreement, the architect's contract with the construction company, or the company's contract with a contracting company.
Deciding which party to file a lawsuit against can be extremely challenging without the proper knowledge. Fortunately, victims do not need to handle their construction accident cases alone.
The skilled construction accident lawyers at the Law Office of Carl Maltese can help to determine liability and gather evidence to establish a compelling case.
Construction Workers Cannot Pursue Compensation from Employers
Victims cannot pursue damages from their employer in New York for injuries that were the result of their negligence. If the person were injured while working on a construction project, they would typically file a workers' compensation claim.
Suppose a third party is at fault for the injuries a worker sustains. In that case, they have the option of filing a liability claim and may wish to pursue this option in addition to receiving workers' compensation benefits.
What Causes Construction Accidents?
Although OSHA has a number of procedures in place to reduce the risk of a construction accident, such as work permits, safety programs, and worksite inspections, more than 2,000 accidents still occur at construction sites annually. Here are some of the common causes of construction accidents:
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Electrocution
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Falling off ladders
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Crane accidents
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Injuries caused by unsafe equipment
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Falling objects
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Explosions and fires
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Slip and fall accidents
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Chemical burns
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Crane accidents
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Building collapses
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Forklift accidents
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Scaffold injuries
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Accidents caused by debris
The Special Liability Laws
A contracting company and the construction site owner may be held accountable for injuries related to falling from a height or falling objects under New York law.
Construction workers in New York are protected by unique rules that apply to particular incidents. This law is the New York State Labor Law (LAB) 240/241, which is referred to as the Scaffold Law. New York's Scaffold Law and other regulations may be applicable in any construction accident case.
The lawyers at the Law Office of Carl Maltese are well acquainted with them to help victims obtain the compensation they deserve.
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Alex Maltese and his firm are first class and they always made you feel as if you were their only client. The communication was always timely, professional and courteous. I can't thank them enough.
- Dina V.
You always know that the entire staff truly cares. I am extremely pleased with my settlement and thankful that they helped make an unpleasant experience more than bearable.
- John D.
Alex Maltese is a professional and compassionate attorney. I never felt as if I was a burden. He always answered my questions in a timely manner. The attorneys and staff are accommodating.
- Alex D.
Seeking Compensation for the Injuries Sustained in a Construction Accident
As discussed before, victims have a number of options for compensation following a construction accident. Knowing which options are applicable can be confusing, which is why it is essential to talk to a construction accident lawyer.
These options are a workers' compensation claim, a lawsuit against an employer, or a third party.
1. Filing a Lawsuit Against an Employer
A construction accident can sometimes be caused by an employer's irresponsible oversight and lack of safety precautions. However, as mentioned before, bringing a case against an employer can be difficult. Workers' compensation insurance protects companies from lawsuits while also providing benefits to injured workers.
To file a lawsuit against an employer, the victim will need to prove that the employer was grossly negligent, had malicious intent, discriminated against them, or terminated them wrongfully.
2. Workers' Compensation
To file a worker's compensation claim, victims must first understand their rights. Construction occupational injury cases are handled by the New York Workers' Compensation Board.
In most circumstances, injured employees file a worker's compensation claim to get compensation. Victims are advised to contact a lawyer from the Law Office of Carl Maltese to determine whether they are eligible for workers' compensation.
3. A Third-party Claim
There is often a lot going on in a construction site, and third parties are often involved. When a third party causes a worker to be injured at a construction site, victims can take legal action by filing a lawsuit against them.
Again, knowing who to hold responsible isn't always easy, which is why it is best to contact a construction accident lawyer who can provide the right legal counsel and determine which party can be held liable.
Here are some third parties that a construction accident lawyer can help victims file a lawsuit against.
Contractors
Contractors are required by OSHA to provide a safe work environment for employees and those working at the construction site and to notify them of any dangers they may face on the job site or while performing the job.
They are also responsible for ensuring that work is conducted according to OSHA safety standards. If a contractor fails to complete these obligations, a wounded construction worker may be entitled to reimbursement for their losses if they can prove that the contractor was negligent.
Owner of a Construction Site
In many cases, the building site owner is considered liable for injuries that occur on their property. That's because the site owners owe it to their workers, contractors, and anybody else on the premises to keep them safe.
The level of control the owner of the site had over their construction site at the time of the incident, however, typically determines their culpability.
If the owner of the property could not have done anything to prevent the accident from happening, he or she is not likely to be held accountable for the injured party's losses.
A Manufacturer
Defective machinery, equipment, construction tools, or building materials are one source of injury, which can lead to a construction worker being injured in a variety of ways.
Any business in the supply chain, including manufacturers, retailers, and distributors, could be held legally responsible if a production flaw causes harm, as these entities have a responsibility to make sure that proper testing has been undertaken on their products.
Architects or Engineers
Architects and engineers may also be held accountable in particular cases involving construction sites. These professionals are in charge of keeping track of progress and ensuring that plans and code requirements are implemented throughout the construction process.
To determine whether an architect or engineer is responsible for a construction site accident, one must first determine what obligations they agreed to in their contract with the construction company.
A law firm can help victims do just that. Get in touch with the Law Offices of Carl Maltese today to find out more!
What Damages Can Victims Claim in a Construction Accident Lawsuit?
New York law allows victims to claim for both economic and non-economic damages. The family members of construction workers who lost their lives in a construction accident can also seek wrongful death damages.
Non-economic Damages
A construction accident lawyer can help victims determine what non-economic damages they are eligible for. Non-economic damages are not financial or monetary damages but instead refer to the emotional consequences of the accident. Here are some of the non-economic damages a victim may claim:
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Pain and suffering
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Emotional distress
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Loss of enjoyment of life
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Mental anguish
Economic Damages
Economic damages are the financial or monetary losses that a person suffers as a result of construction accidents. Here are some examples of economic damages that may be applicable in a construction accident claim:
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Medical expenses (both past and future)
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Lost wages (both past and future)
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The loss of earning capacity
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Property damages
Wrongful Death Damages
When a tragic construction accident caused by someone else's negligence leads to a person's death, their family members are entitled to certain damages. The attorneys at the Law Office of Carl Maltese can help grieving family members pursue these damages.
While it can never replace a loved one, compensation can help ensure that the family is not left with financial trouble. The following damages may be claimed in a wrongful death lawsuit:
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Funeral and burial costs
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Medical debt from treatment after the accident
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Loss of guidance and support from the bereaved
Types of Construction Accident Cases
Because victims generally cannot file a lawsuit against their employer. Their case may be classified as either a product liability case, a personal injury case, or a wrongful death case.
Product Liability Cases
When a defective product, such as building material, safety equipment, and construction tools malfunctions due to a manufacturing defect, the case is classified as a product liability case. Product liability lawsuits are often filed against the manufacturer, supplier, or testing facility that failed to detect a problem.
Personal Injury Cases
Most cases are classified as personal injury cases. This is when an accident that was not the victim's fault results in an injury. A Long Island construction accident lawyer will gather evidence of your injuries, such as medical bills, testimonies from medical experts, and more to build the case.
Wrongful Death Cases
Family members might be eligible for damages in a wrongful death claim if their loved one died as a consequence of an accident at a construction site. A Long Island construction accident attorney can help family members hold the responsible party liable for losing their loved one.
What Should Victims Do After a Construction Accident?
If a person falls victim to a construction accident, they should take certain steps to ensure the best outcome.
Seek Medical Care
After a construction accident, the most important thing to do is to seek medical attention to treat injuries. Seek medical care as soon as possible to increase the chances of a full recovery. It also helps to build a strong foundation for a personal injury case.
Victims are also encouraged to take pictures of their injuries if they are able to. This can serve as vital evidence later on in the case.
Collect Evidence to Back Up the Claim
It is essential to collect as much evidence as possible in the days leading up to a trial or negotiation. A lawyer will help victims do this. Evidence includes surveillance footage, video footage, photographs, medical treatment bills, and more.
Let the Employer Know
Another critical step that victims need to take after a construction accident is to notify their employer, providing details of what occurred.
Contact a Construction Accident Lawyer
One of the most critical steps to take is to contact an attorney as soon as possible to begin the legal process.
Victims have a limited time to file construction accident claims, so they are advised to waste no time to receive the compensation they are due and hold the negligent parties liable for causing the accident.
The Most Common Injuries Sustained in Construction Accidents
Depending on the nature of the accident, injuries can range from minor to severe. Here are some of the most common injuries that injured workers sustain:
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Broken bones
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Eye injuries
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Head, neck, and spinal injuries
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Burns, cuts, and lacerations
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Chemical exposure injuries, including burns and chemical inhalation
These injuries can be life-changing and affect a victim's ability to work, which either results in temporarily lost wages or a permanent loss of the ability to work, which can cause serious financial troubles. Victims are encouraged to contact a Long Island construction accident lawyer to pursue compensation to cover their medical bills and make up for the lost income.
How Can a Construction Accident Lawyer Help?
The truth is that many construction workers who were injured in a construction accident are often mistreated. Most employers expect workers to get by with the benefits they receive from workers' compensation.
In many cases, there are limits on the damages that the victim can receive from workers' compensation, which leaves them with hefty medical bills, serious injuries, and no other source of income. This is where a construction accident attorney can help.
When victims hire a Long Island construction accident lawyer, they can expect to receive several benefits.
Determine Liability and Fair Compensation
A construction accident lawyer will help victims determine who is responsible for their damages and what damages they may claim in a lawsuit. This typically involves adding medical bills and other losses, identifying non-economic damages, and negotiating with insurance companies.
Gather Evidence to Support Claims
In every lawsuit or personal injury claim, the plaintiff's job is to prove that the defendant was negligent and that their negligent actions led to serious injuries. A construction accident attorney will help victims build their cases by collecting enough evidence in the form of surveillance footage, photographs, contracts, and more.
Communicate with the Relevant Parties
All correspondence with the other entities involved in the case, including insurance companies and the defendant's lawyer, will be handled by a law firm. This will assist in defending the case against speculation and suggestions that the victim was to blame for the accident.
This means that victims can concentrate on their recovery while the construction accident lawyers at the Law Office of Carl Maltese take care of the legal issues.
Why Choose Lawyers from the Law Office of Carl Maltese?
There are so many reasons why the Law Office of Carl Maltese is the best choice for handling a construction accident. Here are just a few:
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Because every case is different with its own unique facts, victims can discuss their case with a lawyer at a no-obligation, free consultation, and case review
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The firm was opened in 1966 and has been run by the same family ever since, so victims can benefit from decades of experience
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Attorneys at the Law Office of Carl Maltese can help workers file their workers' compensation claim and are well-versed in Scaffold Law
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Victims don't need to pay legal fees upfront as the lawyers work on a contingency-fee-basis
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The law firm serves several practice areas and have decades of experience in Suffolk County
Need a Construction Accident Attorney?
Construction accidents can have devastating consequences, often rendering victims permanently disabled and unable to continue working. There are often few people on the victim's side in such cases.
At the Law Office of Carl Maltese, lawyers work tirelessly to ensure that their clients receive the fair compensation they are due. They work on a contingency fee basis, so clients never have to worry about paying legal fees upfront.
Contact a reliable construction accident attorney today by dialing (631) 543-8811 to book a free consultation!