In one of the most perilous sectors—construction—even the most rigorous safety protocols can fail, leading to accidents that wreak havoc on construction workers and their loved ones. These incidents often bring not just physical pain, but also significant emotional stress and a crippling financial toll. The Orlow Firm recognizes the multitude of challenges you’re up against following a construction accident.
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Our skilled team of Construction Accident Lawyers in New York City is committed to alleviating these burdens by aggressively pursuing the compensation you are entitled to. By combining a deep understanding of industry-specific regulations with a compassionate approach, we strive to deliver justice for you and your family. Your well-being is our priority, and we aim to bring you the relief you need to recover and move forward.
Key Takeaways:
Construction accidents often involve complex liability issues, making it essential to hire an experienced attorney.
The Orlow Firm specializes in identifying liable parties and maximizing your compensation.
Call (646) 647-3398 for a free consultation with a New York construction accident lawyer.
How The Orlow Firm Can Help Maximize Your Construction Accident Case
Choosing the right legal team after a construction accident can be a decisive factor in the outcome of your case. At The Orlow Firm, we specialize in New York construction accident cases, leveraging our deep understanding of construction law, OSHA regulations, and New York Labor Laws, particularly Sections 240 and 241, to maximize your compensation. Our experienced attorneys are adept at identifying multiple liability avenues, thereby greatly increasing your potential for a substantial settlement.
To ensure that we maximize the compensation you receive, our legal team takes a series of exhaustive steps, including:
Initial Consultation: A detailed conversation to understand the nuances of your specific case.
Evidence Collection: Gathering photos, videos, and eyewitness testimonies.
Accident Reconstruction: Collaborating with industry experts to recreate the accident scenario.
Medical Records Review: Scrutinizing medical reports to quantify the extent of injuries.
Safety Record Examination: Analyzing your workplace’s safety history for any violations.
OSHA Compliance Check: Reviewing the site’s compliance with safety regulations.
Equipment Inspection: Investigating any machinery or equipment involved for defects.
Multiple Liable Parties: Identifying all potentially responsible entities, ranging from employers and contractors to equipment manufacturers.
Legal Research: Conducting exhaustive legal research to find similar cases that can strengthen your claim.
Claim Assessment: Calculating the total damages, including medical bills, lost wages, and emotional suffering.
Negotiation: Skillful dialogue with insurance companies to reach a favorable settlement.
Litigation: If needed, proceeding to court to advocate passionately on your behalf.
Appeal: Should the need arise, preparedness to take the case to appellate courts.
Our approach is personalized, recognizing that each case brings unique circumstances and complexities. From your first consultation to the conclusion of your case, you can expect comprehensive and empathetic support designed specifically for your situation. When you choose The Orlow Firm, you are not merely hiring an attorney; you are securing a committed advocate who is dedicated to achieving the justice and compensation you deserve.
Who Can Be Held Legally Liable For A Construction Accident Injury In New York?
In the complex landscape of construction accident litigation, identifying who can be held legally liable is a crucial step in pursuing justice and securing compensation for victims. For New York City Construction Site Accident Lawyers like those at The Orlow Firm, understanding the range of potential liable parties is essential for maximizing your case’s outcome. Here is an exhaustive list:
Employers
Construction Company Owners: Those who own the construction firm where the accident occurred.
Direct Supervisors: Individuals in a managerial position responsible for the construction site or construction workers.
Contractors
General Contractors: The main contractor responsible for overseeing the entire project.
Subcontractors: Secondary contractors hired for specialized work within the larger project.
Independent Contractors: Individuals hired for a specific role or task, not as a permanent employee.
Manufacturers
Equipment Manufacturers: Makers of faulty or defective construction machinery and tools.
Material Suppliers: Providers of unsafe or defective building materials.
Architects and Engineers
Design Architects: Professionals responsible for the design, who may be held liable for design defects.
Structural Engineers: Those responsible for ensuring the structural integrity of the project.
Government Entities
Local Municipalities: May be held liable for issues like inadequate inspections or permitting dangerous conditions.
State Agencies: Agencies like the Department of Transportation could be liable if state-regulated safety measures were not followed.
Property Owners
Land Owners: Owners of the land on which the construction project is taking place.
Leasing Agencies: If land or property is leased for construction, the leasing agency might be liable for known hazards.
Transportation Entities
Trucking Companies: In cases where transportation of materials leads to an accident.
Drivers of Construction Vehicles: Could be liable if their negligence caused the accident.
Unions
Labor Unions: In certain situations, if union regulations regarding safety were not followed or enforced.
Inspectors
Safety Inspectors: Those responsible for ensuring that the construction site meets safety standards and guidelines.
Building Inspectors
Officials: Who sign off on the structural integrity and safety of the construction project.
Inspection Agencies
Private or Public Agencies: Hired to conduct safety audits and inspections.
Insurance Companies
Workers’ Compensation Insurance: These insurers may be liable for covering certain types of injuries, depending on the policy.
Liability Insurance Providers: Insurance companies covering third parties who might be involved in the accident.
Others
Consultants: Professionals brought in for specialized advice who may have contributed to unsafe conditions.
Utility Companies: Providers of electricity, gas, or water services, whose infrastructure might have contributed to the accident.
Public or Private Partners: In public-private partnership projects, either or both could be held liable, depending on their level of involvement and responsibility.
Legal Representatives: In some rare instances, attorneys who provided erroneous legal advice that contributed to the occurrence of an accident.
Emergency Response Teams: If negligent medical treatment or delayed response contributed to worsened conditions, they may also be liable.
Given the complexity involved in identifying all the parties that could be held legally liable in a construction accident case, it’s crucial to consult experienced New York City Construction Site Accident Lawyers. Firms like The Orlow Firm bring their extensive knowledge and expertise in the field to thoroughly investigate the accident, scrutinize all involved entities, and ensure that no stone is left unturned in your quest for justice and fair compensation.
What Can You Be Compensated For In A Construction Accident In New York?
Understanding what you can be compensated for after a construction accident is vital to making an informed decision about your legal strategy. When you consult with experienced New York City Construction Site Accident Lawyers like those at The Orlow Firm, you’ll find that several types of damages can be pursued. Here is an exhaustive list:
Negligence or Recklessness: If the responsible party acted with severe negligence or malice, additional punitive damages may be awarded.
Other Economic Losses
Training for New Employment: If you can’t go back to your old job, you may be compensated for retraining in a new field.
Home Modification Costs: If your home needs to be modified to accommodate your injuries.
Miscellaneous Expenses
Transportation Costs: Costs to and from medical appointments.
Out-of-Pocket Expenses: Any other minor expenses directly related to the accident or your injuries.
It’s crucial to consult New York City Construction Site Accident Lawyers like those at The Orlow Firm to ensure you’re seeking every penny you’re entitled to. Different accidents and injuries present unique circumstances, and professional advice is invaluable in navigating the complexities of construction accident law in New York.
Can Undocumented Workers Also Hire Construction Accident Lawyers?
In New York, undocumented construction workers have the right to seek legal representation and pursue compensation if they are injured in a construction accident. New York labor laws and personal injury laws do not discriminate based on immigration status. This means that even if you’re an undocumented worker, you can hire a construction accident lawyer to help you secure compensation for your injuries, lost wages, and other damages.
It’s crucial to consult with New York City Construction Site Accident Lawyers who are experienced in handling cases for undocumented construction workers. They understand the unique challenges that may arise, such as fears of deportation or employer retaliation, and can take steps to protect your rights while aggressively pursuing your case. Filing a workers’ compensation claim or a personal injury lawsuit can still be an option for you. Your immigration status should not deter you from seeking the justice and compensation you are entitled to.
Do I Have A Case If The Construction Accident Aggravated A Pre-Existing Condition?
Yes, you may still have a viable case if a construction accident aggravated a pre-existing condition. New York law allows for victims to seek compensation for the exacerbation or aggravation of pre-existing injuries or medical conditions as a result of a new accident or injury. An important concept in personal injury law is the “eggshell plaintiff” doctrine, which essentially means that defendants must take their victims as they find them, pre-existing conditions and all.
However, proving that a construction accident aggravated your pre-existing condition can be challenging and usually requires strong medical evidence. You’ll need medical documentation both from before and after the accident to show how the condition has worsened due to the accident. You may also need expert testimony from medical professionals to establish the link between the accident and the aggravation of your pre-existing condition.
Because of these complexities, consulting with experienced New York City Injured Construction Workers Lawyers, such as those at The Orlow Firm, can be invaluable in such cases. They can help gather the necessary evidence and expert opinions to strengthen your claim, and guide you through the legal process to maximize your compensation.
Can I Sue Multiple Parties For My Construction Accident Injuries?
Yes, in construction accident cases, it is often possible to sue multiple parties for your injuries. The complex nature of construction projects means that there are often various entities involved, any of whom might be responsible for conditions that led to an accident. In legal terms, this is known as joint and several liability, and it’s especially common in complex fields like construction.
You might be able to sue the construction company for failing to maintain a safe work environment, subcontractors for specific negligent actions, equipment manufacturers for faulty machinery, or property owners for hazardous conditions. Each of these parties may have insurance policies that could contribute to your compensation package.
New York City Injured Construction Workers Lawyer like those at The Orlow Firm are skilled in investigating construction accidents to identify all potentially liable parties. They can gather evidence, consult experts, and build a case designed to maximize your compensation by holding all responsible parties accountable.
Filing multiple lawsuits or a single lawsuit against multiple parties can be a complicated process that requires careful planning and strategic decision-making. Different parties might be governed by different laws or contractual obligations, may have varying levels of insurance coverage, or might even be located in different jurisdictions, all of which can affect how your claim is pursued.
For this reason, if you believe that multiple parties may be responsible for your construction accident injuries, it is imperative to consult with experienced lawyers who can navigate the complexities of multi-party litigation.
What Is The Statute Of Limitations For Construction Accidents In NYC?
In New York, the statute of limitations for filing a personal injury lawsuit related to a construction accident is generally three years from the date of the accident. This means that you have a three-year window to initiate legal action, or you may lose your right to seek compensation. For workers’ compensation claims, you generally have two years to file from the date of the injury or from the date you became aware of the injury’s relation to your work.
However, certain situations could alter these time frames. For example, if a government entity is involved, you may need to file a notice of claim within a much shorter period—usually within 90 days of the accident. Additionally, if the victim is a minor, the statute of limitations may be extended.
Due to these complexities, it’s crucial to consult with experienced New York City Injured Construction Workers Lawyers like those at The Orlow Firm to understand the specific limitations and rules that may apply to your case. Missing a statute of limitations deadline can permanently bar you from receiving the compensation you deserve, so it’s crucial to act quickly.
Are Family Members Eligible For Compensation In Fatal Accidents?
Yes, family members may be eligible for compensation in the event of a fatal construction accident in New York. When a worker dies due to a construction accident, the surviving family members can typically file a wrongful death lawsuit against the responsible parties. This legal action seeks to compensate the family for their emotional and financial losses resulting from the death of their loved one.
In New York, the personal representative of the deceased’s estate usually files the wrongful death claim. However, the compensation is intended for the benefit of the surviving family members, such as spouses, children, and sometimes parents or other dependents.
Compensation in a wrongful death claim can cover a range of damages, including:
Funeral and burial expenses
Medical bills related to the deceased’s final illness or injury
Loss of the deceased’s expected income
Loss of inheritance
Loss of consortium, love, and emotional support
Emotional suffering endured by the survivors
For New York City Construction Accident Attorneys, like those at The Orlow Firm, understanding the nuances of wrongful death cases is crucial for maximizing your case outcome. Due to the emotional and financial toll that a fatal construction accident can have on a family, it’s imperative to consult experienced lawyers who can guide you through the complexities of the legal process to secure the compensation you deserve.
Relevant New York Laws Regarding Construction Accidents
In New York, various laws and regulations are in place to protect construction workers and visitors to construction sites. Understanding these laws is essential for anyone who has been injured in a construction accident in New York City. One of the most important laws is New York Labor Law Section 240, often referred to as the “Scaffold Law.” This law holds owners and contractors liable for injuries resulting from falls or falling objects at construction, demolition, and repair sites. The purpose of the law is to protect workers by ensuring that adequate safety measures are implemented.
Another important law is New York Labor Law Section 241, which outlines specific safety requirements that must be followed on all construction sites, including the use of proper safety equipment and protective gear. Failure to comply with these regulations can result in liability for injuries sustained at the construction site.
Additionally, New York Labor Law Section 200 mandates that all workplaces, including construction sites, be maintained in a reasonably safe condition. This means that the owner or general contractor is responsible for ensuring the site is free from recognized hazards that could cause injury or death.
If you’ve been injured in a construction accident in NYC, it’s vital to consult with New York construction accident attorneys who are well-versed in these laws. This knowledge can be invaluable when seeking compensation for your injuries, lost wages, and other damages. New York construction accident lawyers can also help you understand your rights under workers’ compensation laws, which can provide another avenue for financial relief.
For more information on how these laws may apply to your situation or to discuss the specifics of your case, call us today at (646) 647-3398. Our experienced team of NYC construction accident attorneys is ready to assist you in securing the justice and compensation you deserve.
Common Types of Construction Accidents
An understanding of the types of accidents commonly occurring in the construction industry is crucial for both construction workers and their legal advocates. For New York City Construction Accident Attorneys like those at The Orlow Firm, this knowledge is vital in effectively representing clients. Here is an exhaustive list of common types of construction accidents:
Falls
Falls from Heights: Falls from ladders, scaffolding, and other elevated surfaces.
Slip and Falls: Slippery or uneven surfaces causing a worker to fall.
Falls through Openings: Falls through unprotected holes or openings in the construction area.
Mechanical Hazards
Equipment Malfunctions: Malfunctioning or improperly used machinery causing injury.
Falling Objects: Being struck by tools, materials, or debris that have fallen.
Vehicle Strikes: Accidents involving construction vehicles.
Machinery Strikes: Injuries caused by swinging or rotating machinery.
Crushing Injuries
Caught In-between Objects: Getting caught between stationary and moving objects.
Trench Collapses: Collapsing of trenches that construction workers may be in.
Structure Collapses: Building or scaffolding collapses that trap or injure construction workers.
Chemical and Fire Hazards
Chemical Exposure: Harmful exposure to chemicals, including skin contact or inhalation.
Fire and Explosions: Accidents involving flammable materials or gas leaks.
Overexertion and Repetitive Stress
Heavy Lifting: Injuries from lifting heavy objects without proper support or technique.
Repetitive Motion Injuries: Strain and stress from repeated movements.
Environmental Hazards
Heat Stress: Illness or complications arising from working in hot conditions.
Cold Stress: Health issues due to working in excessively cold conditions.
Other Common Incidents
Nail Gun Accidents: Misfires or malfunctions of nail guns.
Cut and Laceration: Injuries from sharp objects or tools.
Hazardous Noise: Hearing damage due to excessive noise.
Confined Spaces: Accidents occurring in limited or confined areas.
By understanding the various types of construction accidents, The Orlow Firm is well-equipped to tailor strategies for each case, ensuring that clients receive the compensation they deserve for their specific injuries.
Common Injuries of Construction Accidents
Construction sites are among the most hazardous work environments, and they present a range of risks that can lead to various types of injuries. As experts in the field, New York City Construction Accident Attorneys like those at The Orlow Firm understand the myriad of injuries that construction workers are prone to and can help you navigate the complexities of filing a claim.
Crush Injuries: Heavy machinery, falling objects, and collapsed structures can lead to crush injuries, affecting bones, organs, and soft tissue.
Cuts and Lacerations: Tools, machinery, and materials like glass or metal can cause severe cuts and lacerations, which may lead to infection if not treated promptly.
Burns:Explosions, fires, and hot materials can cause first-, second-, or third-degree burns.
Struck by Object: A construction worker can be struck by moving vehicles, falling tools, and swinging equipment, leading to a range of injuries from minor bruises to fatal impacts.
Overexertion: Lifting heavy objects or repetitive motions can cause strains, sprains, and other musculoskeletal injuries.
Exposure to Toxic Substances: Handling or inhaling hazardous chemicals can lead to poisoning, respiratory issues, and skin conditions.
Hearing Loss: Prolonged exposure to high levels of noise can result in permanent or temporary hearing loss.
Machinery Accidents: Getting caught in or struck by machinery can result in severe injuries, including amputations.
Eye Injuries: Lack of proper eye protection can lead to injuries from flying debris, chemicals, or bright lights, causing temporary or permanent vision loss.
Respiratory Problems: Inadequate ventilation and exposure to dust, gases, or other harmful substances can lead to respiratory issues, including chronic obstructive pulmonary disease (COPD) and asthma.
Special Considerations
Knowing the types of injuries common to construction site accidents can be useful for preventative measures, and understanding your rights as an injured worker. Legal assistance can be crucial for maximizing your case, identifying liable parties, and determining the types and extent of compensation you may be eligible for. Therefore, it’s essential to consult experienced NYC Construction Accident Attorneys like those at The Orlow Firm for comprehensive legal guidance.
Frequently Asked Questions
How long will my case take?
The duration of construction accident cases can vary widely depending on multiple factors such as the complexity of the case, the number of parties involved, and the willingness of the parties to settle out of court. While some cases may resolve in a matter of months, others can take years to reach a conclusion, especially if they go to trial. The attorneys at The Orlow Firm can provide a more accurate timeline after reviewing the specifics of your case.
How much is my case worth?
The value of construction accident claims depends on a variety of factors including the severity of your injuries, the extent of negligence involved, and the impact of the accident on your ability to work and quality of life. It’s difficult to provide an exact dollar amount without a detailed analysis of medical expenses, lost wages, and other damages you’ve incurred. The experienced Construction Accident Attorney team at The Orlow Firm can offer a more precise estimate after thoroughly evaluating the specifics of your situation.
Will I have to go to court?
While many construction accident lawsuits are settled out of court through negotiations, there’s always the possibility that your case could go to trial if a fair settlement can’t be reached. The decision to proceed to court will depend on the specifics of your case and your willingness to accept a settlement offer. At The Orlow Firm, our experienced New York City Construction Accident Lawyers are prepared to represent you in court to seek the justice and compensation you deserve, although we strive to resolve cases as efficiently as possible.
How much does it cost to hire The Orlow Firm?
The Orlow Firm operates on a contingency fee basis, which means you won’t have to pay any legal fees upfront. You’ll only be required to pay if we successfully recover compensation on your behalf. This ensures that you can seek the expert legal representation you need for your construction accident cases without worrying about financial constraints.
Does anyone at The Orlow Firm speak Spanish?
Sí, en The Orlow Firm nos enorgullece contar con personal y abogados que hablan español para asegurar que podamos comunicarnos de manera efectiva con una gama más amplia de clientes. Nuestro objetivo es hacer que el proceso legal sea lo más accesible posible, independientemente de su idioma principal. Creemos que el idioma no debería ser una barrera para obtener una representación legal de calidad.
Important Construction Accident Resource Links
Employee workplace rights From the Occupational Safety and Health Administration (OSHA). What to do if you question the safety of your workplace. Lists addresses and phone numbers for more information.
OSHA Construction eTool This eTool will help you identify and control the hazards that commonly cause the most serious construction injuries.
Department of Labor (DOL) resources for workers Construction worker resources, including information on each state’s workers’ compensation laws, whistleblower protection and health and safety guidelines.
Office of the Whistleblower Protection Program Resource for employees whose employers have discriminated or retaliated against them for filing a workplace hazard complaint with OSHA. Provides information on the types of employer activities that may constitute retaliation or discrimination, the steps for filing a complaint against an employer and links to the OSHA Whistleblower Investigations Manual.
Construction safety and health information Information on the National Institute for Occupational Safety and Health (NIOSH) program that seeks to develop goals and performance measures for decreasing construction site accidents and injuries.
Why Choose The Orlow Firm
Choosing the right legal representation is a critical decision that could significantly impact the outcome of your construction site accident case. The Orlow Firm stands out as a preferred choice for New York City Construction Accident Lawyers for several compelling reasons.
Expertise and Experience
Specialized Knowledge: The Orlow Firm focuses on personal injury law, with a specialization in construction site accidents, ensuring that the firm’s expertise is directly relevant to your case.
Years of Experience: With decades of combined legal experience, the attorneys at The Orlow Firm have a comprehensive understanding of New York State’s complex construction and labor laws.
Track Record: A strong history of favorable settlements and verdicts proves the firm’s capability in handling construction site accident cases successfully.
Client-Centric Approach
Personalized Attention: Every case is unique, and the lawyers at The Orlow Firm take the time to understand the specific circumstances of your case to provide tailored legal advice.
Communication: The firm values open and transparent communication, ensuring you’re kept in the loop at all stages of your case.
No Win, No Fee: The Orlow Firm operates on a contingency fee basis, meaning you pay nothing unless you win your case.
Comprehensive Services
Investigation: The firm conducts an in-depth investigation into the accident, collecting evidence, speaking to witnesses, and collaborating with experts to build a strong case.
Maximizing Compensation: Through skilled negotiation and aggressive representation, The Orlow Firm aims to secure the maximum compensation you’re entitled to.
Multi-faceted Legal Support: From a workers’ compensation claim to a construction accident lawsuit and wrongful death lawsuits, the firm offers comprehensive legal services to meet all your needs related to construction accidents.
Local Expertise
New York Focus: Being based in New York City, the firm has a thorough understanding of local construction practices, regulations, and key players in the industry.
Network: Extensive local connections can provide you with additional resources and support that can be advantageous in your case.
Accessibility and Convenience
Multiple Locations: With offices across New York City, you can choose the most convenient location for you.
Flexible Consultations: The Orlow Firm offers free initial consultations, in person, or virtually, providing you with a risk-free opportunity to discuss your case.
In summary, The Orlow Firm offers a blend of specialized expertise, client-focused service, and a proven track record that makes them an excellent choice for anyone seeking legal representation for a construction site accident in New York City.
I was involved in a car accident and sustained some serious injuries. I got in touch with The Orlow Firm and spoke to Brian. I couldn’t have been happier with the results. I was always made to understand the decisions I needed to make, they were very flexible and patient with me and I truly […]
- Highly recommend The Orlow Firm, they're amazing.
