If A New York Construction Worker Has Been Electrocuted On Site Should They Call A Personal Injury Attorney? | NYC Construction Accident Lawyers
“If you have been electrocuted at a construction site, it’s very important
that you contact an attorney as soon as possible. There are laws and rules
in effect regarding live wires at construction sites, and obviously they
shouldn’t be located within range of where people are working. So, if you
have been injured in a real way as a result of being electrocuted at a
construction site, you should contact an attorney as soon as possible.”
Our NYC Construction Accident Attorneys at The Orlow Firm are well versed in matters concerning construction accidents which include site maintenance, electrocution and other injuries, as well as falling objects.
Read moreHow Can A New York Construction Worker Ensure Their Site Is Safe? | New York City Construction Accident Lawyers
Our New York City Construction Accident Attorneys at The Orlow Firm are well versed in matters concerning construction accidents which include building collapses, burns and other injuries, as well as cutting accidents.
“Construction sites in general are dangerous places to be. There are things
going on above your head. There are sometimes large machinery, heavy
objects. So it’s often a very dangerous place to be.
That is why there are laws in place that are there to protect workers.
There are strict laws. There are laws that apply to owners of construction
sites. There are laws that apply to general contractors at construction
sites. And it requires them to make sure that everything possible is done
for the safety of the worker.
We recognize, I recognize and I believe the law also recognizes that the
worker is put in a difficult situation. Most often it is somebody who was
working, not for very large pay, someone who needs that pay in order to
support himself or herself or their family, and they don’t always have the
ability to go over to their superiors or to the owner or to their bosses
and say, ‘Hey, this is happening. It is not safe. I’d like you to change
it.’
Again, that is something that’s recognized by the law, and that’s why the
law says it’s not the obligation of the worker to say you have to fix this
or you have to make it safe. It is not the obligation of the worker to walk
off the work site. It’s the obligation of the owner and the general
contractor, from the get-go, to make sure that those rules are complied
with and that that construction site is safe.”
What Is Covered By Workers Compensation For A New York City Construction Worker | NYC Construction Accident Lawyers
- May 3, 2012
- posted in: Workers Compensation
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“Workers’ compensation will pay for the medical expenses for that person,
relating to that injury, and they will also pay a portion of their wages
that they lose for the time that they are out of work.
Then there is a third party action against another entity that may be
responsible for what happened, and that entity can be sued. And from that
entity, the person can recover for a number of other things that workers
compensation does not cover, such as, for example, pain and suffering, any
future medical expenses that they may have in the future, any future lost
earnings that they may have in the future, and whatever other area of
damage or loss that that person has suffered as a result of the incident.”
Our New York Construction Accident Attorneys at The Orlow Firm are well versed in matters concerning construction accidents which include death, crane accidents, as well as scaffolding accidents.
Read moreCan A New York Construction Worker Collect More Than Workers’ Compensation? | New York City Construction Accident Attorney
Our NYC Construction Accident Attorneys at The Orlow Firm are well versed in matters concerning construction accidents which include supervisor negligence, elevator accidents, as well as forklift accidents.
“If you are injured at a construction site, you are entitled to collect
Workers’ Comp, because anyone who’s injured on the job is entitled to
collect Workers’ Compensation benefits. But you also may be entitled to have
what we call a third party action, meaning a lawsuit against some other
entity, other than your employer, who may be responsible for what happened
to you.
I often get calls from people who are injured at construction sites, and
they don’t even realize that there may be other entities that could be
responsible for what happened to them, other than their employers. Most
often those other entities will be the owner or will be the general
contractor, and very often also it can be another sub-contractor, other
than the sub-contractor that the client was employed by, who may also be
responsible for what happened, depending on the facts and the circumstances
of the event.
So, the answer is absolutely yes. You can have multiple means of recovery
going on at once. You can have Workers’ Compensation, and at the same time
you can have a third party action against another responsible entity or
entities.”
NYC Crane Collapse Trial Begins | New York City Construction Accident Attorneys
The trial has began for a New York City crane owner who cut corners on a vital repair, which lead to a collapse of the crane and the death of two workers in May 2008. According to prosecutors, Richard Lomma had the 200 foot tall crane repaired for cheap, by an obscure Chinese company found on the internet, instead of going with known manufacturers. Prosecutors claim that proper steps were not taken to ensure the repair was safe, even after a company representative warned “we don’t have confidence on this welding” in an email. A month after the repair, the weld failed bringing the crane crashing down.
Lomma’s attorneys refute that the weld was the source of the collapse. They claim Lomma had the weld inspected by city building officials and that the cause of the collapse was due to improper operation of the crane.
Lomma is facing up to 15 years in prison if convicted.
Heavy machinery is ever present at New York City construction sites. It is extremely important to the safety of the workers that the machinery is maintained and repaired properly, as well as operated as intended. As New York City Construction Accident Attorneys, it is all too common to see machinery repair and maintenance records where the machinery wasn’t maintained or repaired timely or properly.
Read moreLet An Attorney Handle Your Workers Comp Claim
If you are injured in a construction accident in New York, you should contact a construction accident attorney before you apply for workers comp insurance. Insurance companies hire experienced attorneys to investigate construction accidents in order to find evidence that will help them pay out the smallest benefit amount possible.
An experienced construction accident attorney New York knows what to look for in a construction site accident case. They can help develop legal arguments with medical testimony from doctors to describe the extent of your injuries. This gives you the best possible chance of obtaining the maximum benefit amount.
By hiring a lawyer, you can also focus on regaining health. You will need to spend time documenting the accident, injuries sustained and the cost of your medical bills so that your workers compensation attorney can build your case. But besides that, you have the piece of mind in knowing that an attorney is handling your claim for you, which can lower your stress level and enhance your recovery process.
Read moreDealing With Third Party Construction Accidents
In many cases, construction workers who are injured on the job only receive workers compensation benefits. But rarely does this compensation fully reimburse a worker for their pain, suffering and other losses. If you are injured on the job you may be able to sue any third party in a personal injury lawsuit.
A third party claim can be filed against your employer for negligence or wrongful action of a third party. This is especially common for construction accidents where there are several subcontractors involved.
Common third party accidents include:
- Falling from scaffolding
- Falling into an unsecured elevator shaft
- Being hit by falling tools or building materials
- Falling into trench
- Being struck by a crane, fork lift or other construction vehicle
While you wait for your claim to go through, you can apply for and receive workers compensation benefits. If you workers compensation attorney New York is able to recover damages for you, you are required to pay back the workers comp benefits you were paid with the money you are awarded.
Read moreReceive Worker’s Comp Benefits Then Sue?
Workers compensation is a mandatory benefit that provides financial resources to employees who are injured in a work-related accident. Due to changes in New York’s workers compensation law, it’s now very important to obtain legal counsel before filing a worker’s comp claim. A construction accident attorney in New York can help you.
If you are injured on the construction site, New York law prevents construction workers from suing their employers – even if the accident was caused by employer negligence. If you are injured in a construction accident, you are likely to receive workers compensation benefits. Though this is practice common, there are cases in which you can sue for damages. These include:
- Injuries caused by a defective product
- Injuries caused by a toxic substance
- Injuries caused by intentional or bad conduct of employer
- If employer does not carry workers comp insurance
- If a third party caused your injury.
In all but one of these accidents, a third party caused the accidents. Though you cannot sue your employer, you can however sue a third party involved in your construction accident.
Read moreHow To File A Workers Compensation Claim
New York law dictates that companies must carry workers compensation (also known as workers comp) insurance to provide workers who become ill or sustain an injury on the job with the money the need to pay for:
- Medical treatment
- Partial disability
- Total disability
- Permanent impairment
- Death benefits to surviving family
In exchange for receiving workers comp benefits, employees must agree not to sue the company if an accident occurs.
If you are injured in a construction accident in New York be sure to notify your employer right away. Upon hearing your about your incident, they should document the accident with their Workers’ Compensation insurance carrier to begin your claim.
While they are getting thing situated on their side, you should contact a construction accident attorney New York to assist you in resolving your claim. Also, make sure to seek medical treatment immediately and carefully document:
- All details pertaining to your accident
- Your injuries and recovery
- Bills and medical records you receive
These documents will be used by your attorney to help build your claim.
Read moreNYC Personal Injury Lawyer | New York City Accident Injury Attorney Overview Video
- April 18, 2011
- posted in: Uncategorized
- No comments yet
The Orlow Firm has worked for over thirty years representing clients who have been injured in New York City. Our NYC accident injury lawyers have the experience to fight for you and get you the most compensation for your injury. Call The Orlow Firm today if you have been injured in an accident in New York City!
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