Demolition Construction Accident Lawyer in New York City
Under New York State law, the property owner and general contractor may be liable for any injuries you suffer while working on demolition on their job site. You may be able to file a lawsuit and collect compensation for your damages above and beyond what is available through the workers’ compensation insuranceprovided by your employer.
An Oresky & Associates demolition construction accident lawyer in New York City can review your injury case and offer advice on how to recover the money you deserve and are entitled to. Call our office today at 718-993-9999 to get started with a free case evaluation.
Understanding Your Options for Compensation After a NYC Demolition Accident
If you suffered injuries in a demolition construction accident, you likely qualify for workers’ compensation benefits. These benefits cover:
- Your medical care
- A portion of your lost wages, usually about two-thirds up to certain limits
- Prescriptions, therapy, and related expenses
- Funeral and burial expenses if your loved one died in a demolition accident
While these benefits can be a great help, they often do not come close to meeting the full value of your accident-related expenses and losses. To get back to the financial standing your family enjoyed before your accident, you will likely also need to consider whether you can file a lawsuit and hold the property owner and/or a contractor financially responsible for your damages.
Thankfully, New York State has stringent protections in place for construction, and demolition workers, as well as those performing labor in related trades. These protections are in NYS Labor Laws §§§200, 240, and 241. These laws may allow you to pursue compensation above and beyond your workers’ compensation benefits by holding the property owner and/ or contractor responsible.
NYS Labor Law § 200
This statute holds property owners, general contractors, and others who direct work on a construction site responsible for the wellbeing of workers. It requires them to provide a safe area to work and to take specific actions to prevent injuries. If they fail to do so, this section of the Labor Law allows the worker to file a lawsuit and hold them liable.
NYS Labor Law § 240
Sometimes known as the “scaffold law,” NYS Labor Law § 240 offers extra protections to workers who perform work at a height. The property owner and/ or contractor is responsible for ensuring they have the proper ladders or scaffolding, the right fall protection equipment, and proper training. This statute often allows you to file a lawsuit if you suffered injuries in a fall during demolition or if you have been hit by a falling object which should have been secured.
NYS Labor Law § 241
This statute works alongside 200 and 240, requiring property owners, contractors, and others who oversee demolition sites and other construction to provide the proper safety equipment, as well as the right tools for workers to do their job safely. It also dictates how the property owner or contractor must construct the site (e.g., the types of safety equipment the contractor or property owner must use, how openings must be planked over, etc.).
If they fail to provide the required equipment or fail to meet other requirements, we may be able to help you file a lawsuit to collect damages.
Damages Recoverable in a NYC Demolition Construction Accident Lawsuit
Oresky & Associates, pllc has significant and extensive experience representing construction and demolition workers in accident cases. You may be eligible to collect compensation for a wide range of damages. The type of damages will vary based on the nature and severity of your injuries, as well as your related expenses and losses. After we review your case, we may be able to help you understand the specific damages we can obtain in your case.
Some of the most common damages our clients recover after winning this type of claim include:
- Money award for pain and suffering
- Medical expenses not covered by workers’ compensation
- Ongoing and future care costs
- Lost wages remaining after workers’ compensation
- Diminished earning capacity
- Lost benefits and retirement
- Repair or replacement of damaged personal property
- Related out-of-pocket costs
- Loss of household services
Getting the Compensation You Deserve After Your NYC Construction Site Injury
While you could try to negotiate your settlement on your own in this type of case, the laws are complex and require you to investigate your accident and supply a wealth of evidence to prove your damages. When you let us handle your demolition construction accident case, we can navigate the entire process for you.
We will handle all communication with the insurance company and liable party, protecting your right to full compensation. We will also help you understand your options for getting the money you need and deserve and explain the process as we walk through it with you.
Sometimes we can negotiate a fair settlement agreement for our clients without needing to litigate their case. However, we will not settle for less than you are entitled to, to cover your full range of expenses and losses. If the responsible party refuses to offer a fair settlement, we will not hesitate to file a lawsuit on your behalf and take the building owner and/or contractor in front of a judge and jury at trial.
Talk to a Demolition Construction Accident Lawyer in New York City Today
At Oresky & Associates, pllc, we strive to give every client the level of service and support we would hope to receive if we were in their position. We want to ensure you get the best legal advice and know we are here to fight for the full compensation you deserve.
Our team is fluent in Spanish and have interpreters for other languages as well, in case English is not the primary language that you speak. We can also meet you at the hospital, at your house, or at one of our local offices. We take on cases in Manhattan, the Bronx, Queens, Brooklyn, and Staten Island, as well as in Nassau, Suffolk, and Westchester counties.