Bronx Construction Accident Attorneys
Walk any street in the Bronx and you have a good chance of seeing an active construction site. With a strong economy and growing housing market, the demand for new construction throughout New York City is on the rise. Unfortunately, that growth has a downside. In recent years, not only has the number of construction sites increased, so has the number of injuries and deaths suffered by construction workers.
According to CBS News, there has been a 33 percent rise in workplace deaths on construction sites in New York City in the past five years. Injuries have seen an even bigger growth, rising by a staggering 221 percent. Construction sites have always been dangerous. But these numbers are alarming.
If you were injured in a construction site accident, contact the personal injury attorneys at Jacoby & Meyers, LLP, for a free case evaluation.
About Jacoby & Meyers, LLP
It’s been nearly 50 years since we first opened our doors at Jacoby & Meyers, LLP. As a law firm, our goal has always been to provide compassionate, dedicated work to our clients. Although we have offices in three states, we like to think of ourselves as a local law firm. Our lawyers live in the community and as a law firm, our goal is to give back to that same community. When a member of our community is injured, we want to help. Our case results show some of the ways that we have done so.
With a team of lawyers with various backgrounds, we can pool our resources to provide comprehensive care and knowledge to every case we take on. We want to be accessible to you and will work with you in the office or the hospital, if need be to help you get what you deserve. Our focus is on our clients. As such, we believe that you shouldn’t have to pay any legal fees unless we help you secure money from your claim.
Jacoby & Meyers, LLP, by the way, has another resource we can draw on—a sister firm that has spent more than 50 years helping injured workers with workers’ comp and Social Security disability claims. Find out more about their work at https://www.foalaw.com/.
“I had an amazing experience with Jacoby & Meyers, LLP. I would highly recommend them for anyone needing a law firm.” -Paul T.
The Types of Cases We Handle
There is no such thing as a simple construction accident. Construction accidents are complex and can involve a wide range of circumstances, complexities, and parties. It’s our job to help our clients navigate their claims and find the approach that’s right for their case. We work with accident victims involved in different types of construction accidents.
This may include:
- Building collapses: New building construction and building renovations encompass a large portion of the construction sector. When construction is inadequate or materials fail, it may result in a structural collapse. This is dangerous for workers and can lead to serious injury or death.
- Falls: New York’s Scaffold Law protects workers in the event of a “gravity-related” event. This includes falls from a higher level or when an object falls from above. This law imposes absolute liability on the property owner or contractor, regardless of whether the worker contributed to the accident.
- Chemical exposure: Construction workers frequently come in contact with hazardous chemicals. This may include gas, tar, paint thinners, or other toxic chemicals. This exposure can lead to burns, blindness, or respiratory issues.
- Explosions: Explosions on a job site can have catastrophic consequences. An explosion may result from a chemical reaction or faulty electrical systems or gas lines. Explosions can result in serious burns, traumatic injuries, or death.
- Pinch injuries: Construction sites are full of moving equipment. It’s easy for a worker or body part to become trapped in between a moving object or become caught in equipment. This may lead to crush injuries, including broken bones, or injuries that threaten the limbs.
- Motor vehicle accidents: On-the-job injuries can happen when a worker is driving on the job or when another driver hits them while they are working on the road. In this case, you may be able to make a workers’ compensation claim and file a suit against the driver’s auto insurance.
Why You Need a Construction Accident Attorney
Virtually all construction workers who get hurt on the job in the Bronx have the right to important medical and disability benefits under their employer’s workers’ compensation insurance policy. Having the right to get those benefits, and actually receiving those benefits, however, are two different propositions. No matter what the New York Workers’ Compensation Board tells you, obtaining maximum workers’ comp benefits is not easy. A lawyer can help.
Many injured construction workers and their families fail to realize that they can hire an attorney to help them pursue a workers’ compensation claim. Employers and workers’ comp carriers would like employee victims of construction site accidents to believe that the whole process is straightforward and out of the workers’ control. That is not true.
A workers’ compensation claim is, in many ways, similar to any other type of insurance claim. It matters, a lot, how the injured worker presents the claim to the employer and the workers’ comp carrier. A claim prepared incorrectly or without enough supporting information could get denied. A well-prepared, well-supported claim, however, could receive maximum benefits right off the bat.
That is why it is always a good idea for injured construction workers and their families to seek the advice of an experienced Bronx workers’ compensation attorney who can help them prepare, pursue, and (if necessary) appeal a claim. Some of the aspects of a claim an experienced lawyer can help with are:
- Matching workers with the right doctor: New York workers’ compensation law requires injured construction workers to obtain medical care from a doctor “authorized” by the state Workers’ Compensation Board. Sometimes, an employer can also dictate what doctor (or network of doctors) an injured worker can see. Seeking care from the wrong doctor can stick injured construction workers and their families with the bill for that care. An attorney can help workers avoid that mistake.
- Gathering evidence: To prepare and present a thorough workers’ compensation claim, workers need supporting evidence, which can take the form of medical records, incident reports, or witness statements. Workers’ compensation attorneys spend their careers gathering this kind of information. They know where to look for it, how to obtain it, and how to use it to maximum advantage in a client’s workers’ comp claim.
- Negotiating settlements: Sometimes, a workers’ compensation insurance company will approve a claim straight away. That’s if you are lucky. Many workers, however, receive a response from the insurer that denies part or all of their claim. In those cases, an attorney can help workers negotiate with the workers’ comp carrier, and the insurer to reverse its decision and pay the maximum benefits the construction worker needs and deserves.
- Participating in hearings: Sometimes, a workers’ compensation claim ends up in a hearing before the Workers’ Compensation Board. These hearings resemble informal trials. The Board tells injured construction workers that they do not necessarily need an attorney to represent them at a hearing. Do not follow that advice. What happens at a hearing impacts an injured construction worker’s rights in ways that most workers do not realize. An experienced Bronx construction accident attorney can help workers avoid making mistakes that cost them benefits.
What Workers’ Compensation Insurance Covers
The purpose of a workers’ comp claim is to help injured Bronx construction workers pay medical and disability-related expenses until they can return to work. The benefits required under New York law include:
- Medical costs: Workers’ compensation insurance pays all necessary medical costs associated with a work-related injury or illness, so long as the injured construction worker seeks medical care from an “authorized” medical provider.
- Cash disability benefits: Construction workers whose injury from a construction accident leaves them temporarily or permanently disabled and out of work can receive cash payments for the period of their disability that replace part (but not all) of the worker’s lost income.
- Death benefits: Workers’ comp insurance pays a “death benefit” to families of construction workers who die in construction accidents. These benefits resemble cash disability benefits. In addition, families can receive a one-time cash payment to help pay for funeral and burial expenses.
Construction Accident Personal Injury Claims Separate From Workers’ Comp Claims
New York workers’ compensation laws come with a trade-off. They require (virtually) all construction industry employers to pay for workers’ compensation insurance for all employees. In exchange, they let employers off-the-hook for legal liability in a construction accident that injures an employee. In other words, because workers’ comp covers construction workers in the event of an accident, injured workers cannot sue their employers for their injuries.
However, that rule only applies to suing employers. If someone other than an employer (or a co-worker) made a bad decision or took a dangerous action that led to a construction accident, then regardless of workers’ comp, a construction worker injured in the accident may still have the right to sue that so-called “third party” for damages. Who might have liability as a “third party”?
- Another contractor: On any Bronx construction site, employees of multiple different contractors typically work side-by-side. An accident caused by employees of one contractor can injure the employees of another. In that case, the contractor of the employees who caused the injuries may have liability.
- A motor vehicle driver: Road construction projects in the Bronx can put workers at risk of collisions with cars and trucks. A road construction worker injured in a collision with a motor vehicle may have the right to take legal action against the driver.
- A property owner: A construction injury that happens on private property can trigger New York’s scaffolding law, which can make the property owner liable for injuries, regardless of fault.
These are just a few examples, of course. Speak with an experienced construction accident lawyer to find out if you have a “third party” claim for your construction accident injuries, and about how suing a “third party” could affect the amount of workers’ comp benefits you receive.
What to Do After a Construction Accident
What you do in the days and weeks following your Bronx construction accident can have a big impact on the outcome of your case. That is why you should try to be very careful about what you say and do after sustaining an injury on a job site. An experienced attorney can help you determine exactly what steps you will need to take after an accident.
Until you speak with us, however, keep the following tips in mind:
- Notify your employer: Notify your employer right away about your construction accident injury to protect your rights to workers’ comp benefits. Ideally, telling a supervisor or someone else in charge should be the first thing you should do if you after getting injured if you do not have an injury that requires emergency medical attention. In any case, you must notify your employer within 30 days of your injury. Failure to do so may damage your rights to workers’ comp insurance.
- Go to the doctor: In the event of a medical emergency, go to the closest hospital. If you do not need emergency care, seek care from an authorized provider (an experienced Bronx construction accident attorney can point you to one, if need be).
- Contact our experienced Bronx construction accident attorneys: Do not wait to speak with an experienced attorney about your construction accident injuries. You have only a limited amount of time to take legal action, and the steps you take in the days and weeks after a construction accident can have a significant impact on your right to receive the workers’ comp benefits and other compensation that you deserve.
Get The Help You Deserve: Contact Jacoby & Meyers, LLP’s Bronx Construction Accident Lawyers
After a Bronx construction accident, it’s natural to have apprehensions about what the future may hold. Facing the prospect of fighting with a workers’ compensation insurance company can feel overwhelming. Know that as an employee, you have rights.
At Jacoby & Meyers, LLP, we have over four decades of experience fighting for the rights of injured Bronx construction workers. With offices throughout New York, New Jersey, and Connecticut, we make it easy to connect with our team. Our Bronx office is located at 656 East Fordham Road, Bronx, NY 10458. Contact us today, begin an online, confidential chat with us, or dial (718) 294-0813 for a free case evaluation.