At the Law Office of Cory Garcia, P.C., our New York construction accident attorneys are committed to helping workers who have been seriously injured on a work site.  We have a proven track record of success in these types of cases, having recovered millions of dollars on behalf of injured workers. 

We represent clients throughout New York State in construction accident claims, which have included roof, ladder and scaffold falls, falling objects and debris, defects on the work site, crane accidents, forklift accidents and injuries caused by a lack of protective equipment. 

If you or a loved one have been injured in a New York construction accident, The Law Office of Cory Garcia, P.C. can help.  Our goal is to assist our clients from the inception of the case until the end, so that the process is easier for the worker.   As former prosecutors, our attorneys have the skills and experience to properly investigate, prepare and litigate each construction accident case so that we maximize the recovery to our clients and their families.

The Law Office of Cory Garcia, P.C. Can Help You Fight For Compensation After a New York Construction Accident

As a construction worker, you know that your day to day work is dangerous. However, you never expect to actually become a victim in a serious accident. In the aftermath of this accident, you are probably assessing the new reality that you face and trying to figure out how to make your way forward.

Getting help with your financial challenges is the first step toward restoring your normal life. There are many costs that can be associated with getting hurt in a construction accident in or around New York. Receiving compensation – either in the form of workers’ comp benefits or damages in a third party lawsuit – will go a long way toward paying your bills and reducing your stress. 

The New York personal injury lawyers at the Law Office of Cory Garcia, P.C. have 38+ years of collective experience litigating the most complex legal matters in the state.

When you hire our law firm, you can expect us to:

  • Conduct an independent investigation to determine the cause of your construction site accident
  • Identify all of your legal options – including whether you’re covered by a workers’ compensation insurance policy and/or if you may have an actionable legal claim against negligent third parties
  • Consult with experts to ensure that we fully appreciate the severity and extent of your on-the-job injuries
  • Handle all negotiations with your employer, insurance providers, and/or third parties
  • Prepare for workers’ compensation hearings and/or trial 

Ultimately, what you can expect from us is for our team to fight as hard as possible from start to finish to make sure you get precisely what you deserve – and not a dollar less. We want justice for your injuries in this New York construction accident, and you can trust our team to do whatever it takes to get that outcome. Give us a call today to get started with a free consultation. 

What Damages Are Available After a New York Construction Accident?

It depends on how you decide to pursue compensation after your construction site accident. Generally, there are two options for injured New York construction workers: workers’ compensation claims and personal injury lawsuits.

What Does Workers’ Compensation Cover?

Workers’ compensation is a no-fault system that most New York employers are required to carry. If a worker is hurt on the job, benefits from this insurance policy are available to help cover the costs of medical treatment, lost wages, and disability. 

There are limits and restrictions on benefits that are available under New York’s workers’ compensation insurance system. Even though compensation is available, there’s a good chance that the money you recover will not cover the full cost of your injuries.

The workers’ compensation system also prohibits you from filing a lawsuit against your employer. However, you don’t waive your right to litigation entirely. If a third party contributed to or caused your construction accident, you may be able to hold them personally responsible.

What Damages Can I Get If I File a Personal Injury Lawsuit? 

By filing a civil lawsuit, there are fewer limitations on the types and amount of compensation you can get. In New York, both economic and non-economic damages are available.

This can include money for:

  • Lost wages for the time you are off the job while recovering from your injuries
  • Medical bills that you accumulated in the hospital and for doctor’s visits during your recovery
  • Reduced future earning potential
  • Pain and suffering from the emotional toll of the accident
  • Loss of quality of life

The list above is only the beginning of what you may be able to collect. Of course, in order to collect any damages at all, you will need to make a compelling argument that presents your side of the story properly. Give us a call right away to get started building your case. 

What Causes New York Construction Accidents?

In an average year, more than 700 construction workers will die on the job across the country – a number that equates to roughly two per day. Of course, there are many more accidents that are not fatal but still have a major impact on the quality of life for the injured worker moving forward.

There are many causes for these accidents, including the following:

  • Faulty or poorly maintained equipment can put workers in a dangerous position
  • Insufficient site management can create a messy workspace filled with risks
  • Errors made by other construction workers on the site
  • Poor communication between contractors
  • Working in dangerous weather conditions

Sadly, many construction accidents in New York and across the nation are fatal. According to OSHA, there are four primary causes of these deadly accidents.

Known as the “fatal four,” they include:

  • Falls
  • Caught-in or between
  • Struck-by, and
  • Electrocution

By working with the Law Office of Cory Garcia, P.C., you will have the chance to review the details of your case with an experienced attorney without any cost or commitment. This consultation will help you understand how the law relates to your injuries, who may be responsible for the accident, and more. 

Representing All Construction Accident Victims in New York

At the Law Office of Cory Garcia, P.C., our personal injury lawyers understand the devastation that a construction accident in New York can cause. That’s why we put the full force and weight of our law firm – and our 38 years of experience – behind injured workers.

We regularly represent workers who have suffered on construction sites because of:

  • Scaffolding accidents
  • Trenching accidents
  • Heavy machinery accidents
  • Slip and fall accidents
  • Car accidents
  • Truck accidents
  • Welding accidents
  • Gas explosions
  • Falling objects
  • Crushing accidents
  • And more

Our law firm is also here to advocate for family members who have lost a family member in a fatal construction site accident. Contact our personal injury and wrongful death lawyers in New York to learn more about how we can help you.

How Long After a New York Construction Accident Do I Have to File a Lawsuit?

It’s important to get a jump start on your injury case after a construction accident in New York. 

For a workers’ compensation claim, you’ll have to notify your employer of your construction accident within 30 days. Then you’ll have up to two years to file a formal claim for benefits.

If you decide to file a lawsuit against a product manufacturer, property owner, engineer, or another negligent party, you’ll have up to three years to do so.

If you let the statute of limitations expire before acting, you’ll lose the right to recover the money you need and deserve.

The Law Office of Cory Garcia, P.C. is ready and willing to help you fight for what you deserve during this difficult part of your life. Get in touch for a free consultation and we’ll help you put together a strong case. 

Call Our New York Construction Accident Lawyers Today

Letting too much time pass after your New York construction accident could be a mistake. The  New York construction accident lawyers at the Law Office of Cory Garcia, P.C., can help you fight to recover compensation for your injuries and distress.

The next step is simple – give us a call to schedule a free consultation. By reviewing your case with our team, you’ll get a better idea of what damages may be available, and how we can help you get the money you need.

Laws Protecting Construction Workers in New York State

New York has various protections in place for construction workers. In addition to New York labor laws, the New York Division of Health and Safety (within the Department of Labor) has jurisdiction over various Industrial Code Rules. Both are meant to help protect workers and minimize accidents. If you are injured in a construction accident, these rules can demonstrate that you have a valid claim. Below is some general information on the New York industrial codes and labor laws that protect construction workers.

New York Labor Law Section 200

This section of New York Labor Law stipulates that a safe work environment must be provided for employees. It states that all applicable work sites must “be so constructed, equipped, arranged, operated, and conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places.” The same applies to all machinery or equipment used on the site; it must be placed and operated so that anyone operating it or near it is safe from harm. Note that this section also applies to those “frequenting” the site; even if you are not a construction worker, if you have been injured on a construction site, it is possible for you to bring a negligence case.

New York Labor Law Section 240 (the Scaffold Law)

Labor Law Section 240, commonly known as the Scaffold Law, is meant to protect workers who work in construction at heights. The law intends to hold specific parties responsible for failing to provide these construction workers with a safe place to do their job. The law also generally protects workers from falling objects at a construction site. Contractors or owners are required by law to provide adequate protection for workers who are exposed to a falling object.

New York Labor Law Section 241

Labor Law Section 241 requires contractors and others in charge of a work site to ensure workers are protected from all potential hazards. It states that all areas in which construction, excavation, or demolition is being done must be equipped and guarded to provide “reasonable and adequate protection and safety” to the employees or others in the area. New York State requires that property owners, developers, and general contractors adhere to the Industrial Code, a codification of safety rules designed to keep construction workers safe and healthy.

Part 23 of the Division of Safety and Health Industrial Code Rules

Part 23 of the code covers Protection in Construction, Demolition, and Excavation Operations. The code covers requirements for all aspects of construction work, including protection from general hazards, flooring requirements during construction, and provisions for scaffolding, in addition to much more. The codes lay out standards for running a safe construction site in New York; if they are not followed, accidents may occur, and the responsible party may be held accountable under the law.

Construction Work Hazards

Construction is a hazardous industry; so much so that the top four causes of construction fatalities have become commonly known as the “Fatal Four”: Falls, Struck-By, Electrocution, and Caught-In/Between. According to the Bureau of Labor Statistics, the Fatal Four were responsible for more than half of construction worker deaths in 2018. If the Fatal Four were eliminated, it would save close to 600 workers’ lives in America every year. More information on these hazards is below:

Falls

The most frequent hazard of the Fatal Four, falls accounted for 33.5% of all construction-related deaths in 2018. Workers can fall from ladders, roofs, and scaffolding, or through temporary flooring, which is why proper safety procedures must be strictly adhered to. Unfortunately, according to the Occupational Safety and Health Administration (OSHA), in 2019, the safety standard that was most frequently violated was fall protection. Employers need to provide fall protection for workers and ensure proper equipment condition and use.

Struck-By

When a worker is struck by an object, whether the object is a flying rock from a construction site blast or a falling piece of debris from above, the accident can have serious long-term effects. The speed and weight with which a falling, flying, swinging, or rolling object strikes a worker can result in catastrophic and lifelong injuries or death. OSHA recommends that workers take care to never position themselves between moving and fixed objects and to wear highly visible clothing to avoid being struck by an object.

Electrocution

Electrical accidents can result in dangerous site explosions, fires, and blasts. Employees may also be electrocuted or shocked when exposed to power lines and other types of energized sources. Depending on the voltage and severity of the accident, a worker’s injuries can be life-threatening.

Caught-In/Between

If the proper safety precautions are not taken, workers can quickly become victims of collapsed trenches or caught between heavy machinery such as cranes or forklifts. Proper protocol must be followed when handling machinery or when undergoing excavation work to avoid these terrible accidents.

Both New York labor laws and OSHA’s safety guidelines are meant to ensure workplace safety for construction laborers. Site contractors and subcontractors are required to follow these guidelines. If they do not, preventable accidents may occur, causing needless tragedies.