Construction Accident Lawyer Near Me

Look for a lawyer who handles Labor Law cases, asks who owned and ran the job, and checks for public-body notice deadlines on the first call. Our main office is in Uniondale, with offices in Brooklyn, Corona (Queens) and Teaneck, New Jersey. Call (516) 227-2662 to arrange a free consultation.

It requires owners, contractors and their agents to provide proper protection, such as scaffolds, ladders, hoists and braces, against gravity hazards during the erection, demolition, repair, alteration, painting, cleaning or pointing of a building or structure. Where a violation causes the injury, the worker's own carelessness is not a defense; with no violation and the worker's conduct the sole proximate cause, there is no liability. Owners of one- and two-family homes who contract for but do not direct or control the work are excepted.

Yes, but usually not your own employer. You can collect compensation and sue the property owner, general contractor, another subcontractor or an equipment maker at the same time. The compensation carrier usually has a lien on part of the recovery, after the costs of getting it, subject to statutory exceptions, and a settlement may need its consent or a court order.

Falls from scaffolds, ladders, roofs and floor openings and being struck by falling objects can fall under Labor Law 240(1). Other site hazards, such as trench collapses, unguarded machinery or tripping debris, may fall under 241(6) if a specific Industrial Code rule was violated, or under 200 and ordinary negligence. Each depends on the work being done and who controlled it; our construction accidents page explains the three.

We do not publish ranges; the value depends on the injury, its permanence, lost earnings, the proof of liability and the insurance available. A successful lawsuit can recover pain and suffering, past and future lost earnings and future medical costs; any compensation lien is usually paid from it. Our published results, shown on this page exactly as recorded, are past outcomes, not predictions.

You can still claim. The Workers' Compensation Board says benefits are available regardless of immigration status. In Labor Law cases, the Court of Appeals held that federal immigration law does not bar a lost-wage claim, absent proof that the worker gave false work-authorization documents to get the job (Balbuena, 2006). Tell us your situation at the start so we can prepare for questions that may arise.

Compensation pays medical care and partial wages, but nothing for pain and suffering, and it does not look at who else was at fault. A lawyer can identify the owner and contractors who may be liable under the Labor Law, meet any public-body notice deadline, and protect your benefits when a lawsuit settles. A consultation costs nothing.

Against a private owner or contractor, generally three years. If a city, county, town, village or school district owns the job, a notice of claim is usually due within 90 days and suit within one year and 90 days. The New York City School Construction Authority requires suit within one year. The State and other public authorities have their own rules. A wrongful death claim against a private party is generally two years from the death; public bodies have their own death notices.

Under Labor Law 240(1), if the required protection was missing or inadequate and that caused the fall, your own carelessness is not a defense. If the safety device was adequate and your conduct was the sole proximate cause, there is no 240(1) claim (Blake, 2003). In negligence and 241(6) claims, your share of fault generally reduces damages rather than barring them.

The firm has over 40 years of experience and has recovered more than $100 million for clients firm-wide. We check who owned the job and any notice deadline first, document the site before it changes, and coordinate the lawsuit with your compensation benefits. The consultation is free, and there is no fee unless there is a recovery.