Queens Construction Accident Lawyer

How Oresky & Associates, PLLC Can Help After a Construction Accident in Queens

As a construction worker, you often risk your safety to get things done. You shouldn’t have to worry about your financial security if you get hurt on the job.

Unfortunately, New York workers’ compensation law can be complex. They tend to favor insurance companies and employers. An experienced Queens personal injury lawyer can defend your rights and get you the full compensation you deserve.

At Oresky & Associates, PLLC, our lawyers have earned a reputation for success over the years. We’ve been recognized for our achievements by Super Lawyers and the Multi-Million Dollar Advocates Forum.

You can trust our lawyers to:

• Investigate your accident to identify all responsible parties and their liability
• Determine whether you can fill a lawsuit for further damages
• Deal with all paperwork, insurance communications, and administrative tasks
• Work with top-rated experts who can testify about your injuries
• Assess the fair value of your workers’ compensation claim
• Negotiate on your behalf to maximize your settlement

One simple mistake in the process can give the workers’ compensation insurance company ammunition to deny or undervalue your claim. Our lawyers know the law and we know what you’re entitled to receive. And, we’ll evaluate your case to know whether you can file a third-party lawsuit for liability against anyone other than your employer.

To learn more about how our Queens injury attorneys can help you get the most compensation possible, contact our law firm in Queens, NY for a free consultation.

How Common Are Construction Accidents in Queens, NY?

Construction sites are among the most dangerous worksites in NYC. Over the years, lawmakers enacted strict labor laws in NYC  designed to keep workers safe. Still, these kinds of accidents remain common.

The New York Department of Buildings (DOB) conducted a study on construction site safety across NYC. On edifice worksites alone, 502 construction-related injuries were reported in 2020 (down from 595 reported injuries in 2019).

According to the U.S. Bureau of Labor Statistics (BLS), the NYC construction industry had the highest number of workers deaths in 2019. 24 New York construction workers died while working during that single period.

What is My Queens Construction Accident Case Worth?

If you were injured on your construction job in Queens, you’re typically entitled to benefits under New York workers’ compensation law. If workers’ comp is your only option, the value of your claim is relatively straightforward.

This value will be based on:

• Your average weekly salary before the accident
• The length of your recovery
• Whether you’re totally disabled or able to earn partial income
• The cost of your medical care

Your wage benefit check will be equal to about ⅔ of your lost payments. However, the weekly maximum for the first half of 2022 is capped at $1,063.05–regardless of your earnings before the accident.

Hiring an attorney with knowledge in this field will help your chances of getting the most out of this unfortunate event.

How Much is My Third-Party Claim Worth?

There are situations where your case value could be much higher. If you’re self-employed, you may not be able to claim workers’ compensation. Even as an employee, you may be entitled to sue a negligent third party for additional restitution even though you can’t sue your employer.

When you present an injury lawsuit, the value of your claim typically depends on:

• The severity of your injuries
• The cost of medical bills and out-of-pocket expenses
• Your pain and suffering–considering both emotional and physical suffering
• Detriment to your standard of life

Your non-economic damages can add a significant amount to your overall compensation award. Our construction accident attorneys at Oresky & Associates, PLLC can help you determine whether you can file a third-party claim.

For more information, call for a free case review today.

What Types of Damages Are Available to Construction Accident Victims in New York?

The damages available will depend on your options for recovering compensation.

Workers’ compensation provides compensation for:

• Reasonable and necessary medical treatment
• Temporary disability
• Permanent disability
• Survivors of fatal work accidents

Workers’ comp benefits provide an important source of income while you get better. On the other hand, workers’ compensation doesn’t pay for all of your losses. It’s important to understand all of your options.

If a negligent third party had even partly liability on your accident, you may be able to present a third-party claim for additional damages.

Examples of negligent third parties include:

• Manufacturers of dangerous work equipment and tools
• A vendor who installed scaffolding improperly
• The at-fault driver in an offsite car accident
• Property owners
• Engineers
• Architects
• A company responsible for defective wiring
• General contractors

In short, if someone other than your employer or co-worker caused the accident, you may be able to sue for the full range of damages you’ve sustained.

That might include:

• Medical expenses that workers’ comp refuses to cover
• The full value of your lost wages
• Reduced earning potential
• Rehabilitation costs
• Property damage
• Pain and suffering
• Mental anguish
• Diminished quality of life
• Physical disfigurement and scarring
• Anxiety, depression, and PTSD
• Loss of consortium

You can count on our skilled attorneys to fight for the rightful compensation. To get started, call for a free initial consultation today.

We’ll Fight to Recover Compensation for All of Your Construction Accident Injuries

Construction workers often sustain severe and even life-changing injuries. If you were hurt, you deserve to be fairly compensated for all of your injuries.

Our lawyers in Queens have the experience to help you pursue the money you’re owed.

We often represent construction accident victims who have sustained:

• Eye injuries
• Hearing loss
• Broken bones
• Nerve injuries
• Soft tissue wounds, including strains and sprains
• Traumatic brain injuries and concussions
• Spinal cord injuries
• Other head and neck injuries
• Back injuries
• Harmed organs
• Burns
• Amputations and loss of limbs
• Paralysis
• Catastrophic injuries
• Wrongful death of a loved one

You need time to get better if you were hurt on the job. Our lawyers are here to handle the legal issues. To learn more about our practice, call Oresky & Associates, PLLC for a free evaluation of your claim.

Get a Free Consultation From a Trusted, Experienced Bronx Construction Accident Lawyer

To learn more about how the team of construction accident attorneys and paralegals at Oresky & Associates can protect your rights and help you obtain the compensation you’re entitled to, call us today to arrange a free case review. Our phones are answered 24/7.

Free Consultation

What Causes Most Construction Accidents in Queens, New York?

A construction site can be a hectic place. Many different things can happen to cause an accident.

Some of the most common causes of these accidents in the Queens area include:

• Lack of proper safety equipment
• Violation of New York scaffolding laws
• Failure to properly maintain equipment and tools
• Defective work equipment
• Omission to properly train and follow up on workers to handle heavy machinery and other equipment
• Communication failures
• Failing to supervise workers
• Violation of OSHA and New York labor laws

At Oresky & Associates, PLLC,  we work with all of construction accident claims, including:

• Scaffolding accidents in Queens
• Accidents involving cranes, forklifts, and other machinery
• Welding accidents
• Cave-ins and edifice collapses
• Electrocution and electric shock
• Trucking accidents and other motor vehicle accidents
• Accidents caused by falling objects
• Falling from heights
• HVAC accidents
• Fires and explosions
• Exposure to toxic chemicals or substances
• Accidents where the worker is caught between two objects
• Negligent security claims and violence in the place of work
• Slip and fall incidents

Our legal team has a proven track record of successfully giving help to workers wounded in construction-related accidents to get the fair compensation they need. If you suffered injuries on the job in New York City, don’t hesitate to reach out for the legal advice you need today.

How Do I Prove Negligence After a Construction Accident in New York?

Injured workers are only required to prove negligence if they are seeking indemnification from a third-party lawsuit. Workers’ compensation is a no-fault system. You won’t have to prove someone was negligent to receive benefits.

To get reimbursement based on negligence, your lawyers will work to prove that you were hurt because a third party breached a legal duty of care and your safety was compromised.

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

It’s crucial to act quickly if you’ve been injured. Under New York workers’ compensation law, you must notify your employer within 30 days to claim workers’ comp. You’ll then have to file a claim with the Workers’ Compensation Board within a two-year period from the time of the accident.

The New York statute of limitations gives you three years to submit an injury lawsuit.

Don’t risk missing a deadline. The consequences are harsh. In fact, you could lose your right to compensation entirely. Our lawyers can take steps to preserve your right to compensation today.