For over 45 years, the lawyers at Jaroslawicz & Jaros have successfully represented many injured construction workers who have been hurt in various types of construction accidents. We have litigated these cases at all levels of the state and federal courts for injuries suffered by workers while engaged in construction work.Before hiring any law firm to represent you when you have been injured in a construction site accident, it is important to look at their track record to see what they have accomplished in the past.
The firm of Jaroslawicz & Jaros obtained a $44 Million verdict for a carpenter who was injured when he fell 25 feet off a wall that was being built at a construction site. This case was the largest verdict in New York and was published and featured in the “Top New York Verdicts."
If you’ve been injured in a construction accident, you need legal help. Construction accidents can cause serious and sometimes permanent injuries. Construction accidents can be incredibly dangerous and lead to serious injuries. You may be facing expensive medical bills and missed time from work.
Jaroslawicz & Jaros PLLC are experienced construction accident lawyers who can help you get the compensation you deserve. We have successfully represented clients in many construction accident cases, and we’re ready to fight for you.
Contact us today. Call [[phone]] or fill out our online questionnaire to get a free consultation.
If a construction worker is injured while engaged in performing his job in either the demolition, construction or alteration of a structure or building, the worker may be entitled to significant monetary damages. These damages are often more than just collecting workers’ compensation benefits to which the worker is entitled from the employer. Workers’ compensation provides benefits to workers who are injured on the job. The benefits under workers’ compensation include payments based on a percentage of the employee’s average weekly wage for temporary, total or partial disability. Workers’ compensation will also cover medical expenses for treatment and vocational rehabilitation services that are considered to be reasonable, necessary and related to the injury.
If the worker is not killed in the accident, he may have a permanent partial disability if he is injured seriously enough that his capacity to earn wages at work has been diminished. This can be determined by an insurer or an employer or predetermined by an agreement between both parties.
As for death benefits under workers’ compensation, any dependents of the worker killed in an accident on a construction site may be eligible to receive up to 10-30 times the state’s average weekly wage.
These benefits are available under workers’ compensation but can be limited and not reflect what a jury might award if the accident occurred due to the employer’s negligence or that of another party.
It is very important to contact an NYC construction accident lawyer as soon as possible after an accident occurs on the job site because there may be vital evidence that is needed and may not be available if it isn’t given to the attorney or investigator immediately. This evidence could include surveillance videos, medical reports of the treating physicians, police reports, incident reports, photos of the accident scene, and witness statements. Contact an NYC construction lawyer for more information on how he can help if you or a loved one has been injured in a construction site accident. For over 45 years, the lawyers at Jaroslawicz & Jaros have successfully represented many people who have been injured in various types of construction accidents.
Contact us today. Call 917-842-9544 or fill out our NYC construction accident online questionnaire to get a free consultation.
Jaroslawicz & Jaros - NYC Construction Accident Lawyer
“THIRD-PARTY" LAWSUITS
In some instances, however, what is called a “third party" may be to blame for the injuries that occurred on the job site. When a construction site accident occurs, the owners, architects, and manufacturers of equipment can all, at times, be held responsible for inadequate safety provisions. The general contractor and all subcontractors are also all required to provide a reasonably safe work site, to warn of any hazards at the site and work activities, to hire safe and careful employees, to coordinate job safety, and to supervise compliance with safety specifications, rules, and regulations.
Learn more by reading our article, “Injured While at Work."
Manufacturers of construction equipment are responsible for designing and maintaining safe products, and all owners and contractors are responsible to provide safe equipment and a safe work environment. Defective or dangerous products may include scaffolding, cranes, power tools, derricks, hoists, conveyors, woodworking tools, ladders, winches, trucks, graters, scrapers, tractors, bulldozers, forklifts, backhoes, heavy equipment, boilers, pressure vessels, gas detectors and other types of construction equipment.
WHO IS TO BLAME IN YOUR CONSTRUCTION ACCIDENT LAWSUIT?
As you can see, there are numerous people, companies, property owners or other parties who could pontentially be to blame for your injury according to New York labor law. Don’t panic though - we don’t expect you to come to use with a detailed understanding of who is to blame; that’s our job.
Rather than try to put together the facts yourself, let us do that for you. With decades of experience with construction accidents and New York labor laws, we’re perfectly positioned to investigate and come to a conclusion about who should is responsible for your injuries.
As well as a deep understanding of the law, we’ll often use expert witnesses to help us assess your case. These are often construction industry experts - people who have a detailed understanding of the equipment, the construction jobs, and the safety and health regulations that surround the industry. If someone responsible for a site has faulled to put reasonable and adequate protection in place for a worker, they’ll be able to work out who and what has occured. Together, we’ll dig deep into your construction accident case to make sure you get the financial compensation you deserve.
COMMON CAUSES OF CONSTRUCTION ACCIDENTS IN NEW YORK STATE
The Occupational Safety and Health Administration (OSHA) has identified the top three causes of construction accidents as:
- Falls (from ladders, scaffolds and roofs);
- Being hit by an object; and
- Electrocutions (touching electrical wiring).
These are preventable injuries that can be avoided with proper safety equipment, training, inspections, supervision, and enforcement. We also handle all types of construction defect cases, including those involving faulty scaffolding and falls from ladders and roofs.
When someone is injured while working on a construction project, it is often possible to find a “third party" who may be liable in the event of an injury, other than the injured worker’s employer. This is important because while workers’ compensation benefits do not provide compensation for the pain and suffering that a person endures as a result of an accident in a “third-party" action, pain and suffering damages as well as all past and future lost wages and medical needs are recoverable.
WE ARE LEADERS IN CONSTRUCTION ACCIDENT LITIGATION
Because this type of litigation, also at times referred to as the “Labor Law," requires particular legal knowledge and expertise that the average attorney may not possess, it is important that you select a law firm with a proven track record of success in this area of law. Jaroslawicz & Jaros has not only been successful in obtaining a $44 Million verdict for an injured construction worker, the largest such verdict in New York, but for many years has helped to make the law in this area by writing briefs and arguing appeals at all levels of the state appellate courts, including New York’s highest court, the New York State Court of Appeals in Albany, New York, as well as at all levels of the federal courts.
The lawyers at Jaroslawicz & Jaros have successfully handled hundreds of construction accident cases throughout New York, working with experts to fully investigate these accidents and determine how serious the injuries are so that the most complete recovery can be obtained. The firm has also recovered millions of dollars in out-of-court settlements, including one that involved a construction accident that led to the loss of an eye, and it has successfully handled numerous cases involving brain injuries resulting from construction accidents.
Construction site accidents can happen on any job that involves some sort of construction, such as a new home build or road work. These incidents may occur on publicly-owned land or private property. This means that different rules and safety features might be in place depending on the location of the accident. It is therefore advisable to seek legal advice if you have been involved in a construction site accident.
A construction worker is at risk of being injured by heavy machinery, falling objects and hazardous chemicals while on the job. But there are different types of accidents that can occur when working on construction sites which include:
Slip or Trip Accidents
Slip or trip accidents happen when someone slips on a wet floor or trips over an object on the floor. It is important to ensure that any loose objects are placed in bins and that floors are regularly cleaned so people don’t slip or trip over on them.
Struck by Object Accidents
These types of accidents occur when someone is struck by heavy machinery, falling building materials or falling objects. A safety vest can be worn to make sure people are seen when there is heavy machinery in the area.
Being hit by a vehicle/heavy equipment accident
Motor vehicles and tractors may move around on construction sites which means it’s important for workers to stay out of their path and wear high visibility clothing or vests if they must cross a vehicle route.
Other Types of Accidents
There are many other types of accidents that might occur on construction sites which include being bitten by an animal, slipping or tripping from stairs, and fire hazards.
A construction site accident lawyer could help you to determine who was at fault for your accident and you might be entitled to compensation.
Construction site accidents can happen on any job that involves some sort of construction, such as a new home build or road work. These incidents may occur on publicly-owned land or private property. This means that different rules and safety features might be in place depending on the location of the accident. It is therefore advisable to seek legal advice if you have been involved in a construction site accident.
Types of injuries at a construction job site
As experienced construction accident attorneys, we handle cases that iinclude broken bones, muscle strains, head injuries and death. Construction accidents are often caused by unsafe working conditions or equipment that isn’t properly maintained. Construction accident claims can be complicated because several parties could be at fault.
If you have been injured in a construction site accident, it is advised to seek immediate medical attention to make sure there aren’t other injuries that haven’t been noticed. It is then advised to speak with a lawyer who has experience in handling construction accident cases.
Take a look at some examples of injuries that we have built successful lawsuits around:
Caught-in/between injuries
When someone is crushed on a construction job, it’s referred to as a ‘caught-in’ or ‘caught-between’ injury. Along with falls and electrocutions, these are unfortunately some of the most common injuries sustained on New York construction projects.
A crush injury of this kind happens when a person is trapped between equipment, buildings, vehicles, or one of the many other heavy obsticles on a work site. Injuries are often fatal or lead to life-long conditions.
Falls from height
New York City is one of the tallest cities in the world - with 360 buildings taller than 150 meters, 127 taller than 200 meters, and 15 towering over 300 meters. Real estate is at a premium - so often, the only way to grow is up.
Unfortunately, this means New York has more than its fair share of deaths and injuries that comes from construction sites that are well above ground level. In fact, around 38% of all construction accident deaths can be attributed to falls from height. If someone does survive that fall, it’s a sad fact that the injuries incurred can be life-changing.
Exposure to harmful substances
It’s not uncommon for construction sites to be home to a variety of toxic and harmful substances. If handled or stored incorrectly, these can be extremely hazardous to health. While there are strict rules around how these substances are used, these can be shortcutted or overlooked entirely when there’s pressure to finish a job.
It’s not just hazardous substances that are brought to a site that can cause injuries though. In the past, dangerous materials like asbestos and lead were frequently used in construction. If a worker is exposed to these kinds of materials, it can cause injury or even death.
Injuries caused by equipment
When we think of construction sites, we often think of towering cranes, heavy plant vehicles, and huge scaffolds - but these are the only kinds of dangerous equipment to be found. In the wrong hands - or if the equipment isn’t properly secured or maintained - even a small powered handtool can be fatal.
This is especially that case when workers or project bosses feel that safety needs to take a backseat to speed. When corners are cut, the results can be lifechanging.
Vehicle injuries
Some of the largest vehicles on New York roads are headed for construction sites. From huge cranes and cement pourers to heavy forklifts and dozers, these are huge, heavy vehicles that have extaordinary power.
One wrong move by an operator can be fatal, as can a misunderstanding of how a vehicle operates by someone who is not used to being around them. Construction sites are especially dangerous places to operate machinary since visibility and working surfaces are often very different to the conditions you’d find on the road.
Injuries caused by falling objects
While working with elevated constuction sites leads to many injuries caused by falls, there are also a significant number of injuries caused when objects fall from these heights - striking workers below.
Falling objects don’t have to be large to severely injure someone either. A small handtool dropped from a floor up is enough to kill or seriously injure.
Repetitive strain injuries
Not all injuries have an immediate shock of pain to let you know you’ve been hurt. In some cases, use of machinary or processes over a number of years adds up to cause lasting injury or serious medical conditions.
If your job has taken its toll on your body and there hasn’t been reasonable and adequate protection to prevent it, you could have a lawsuit.
Electric shocks
While members of the public are generally protected from the dangers of electricity, construction workers often come into contact with machinary and exposed infrastructure that isn’t as safe.
While there are strict procedures for working around electricty, these aren’t always followed to the letter - leaving people exposed to the possibility of serious burns, internal injuries, or even death.
Construction Accident Injury Statistics in NYC
Construction accidents are reported to the Construction Indemnity Fund continually throughout the year.
Construction-related fatalities in NYC: Construction site accidents and injuries kill and injure thousands of workers nationwide every single year and this trend is expected to continue. Construction work is dangerous because of all the tools, heavy machinery, hazardous materials and other dangers that exist on construction sites. Construction accidents that result in death or serious injury happen every day and cause thousands of deaths and injuries. According to the Department of Labor, there were 14 worker fatalities and 17,974 cases of non-fatal injuries and illnesses associated with construction work in New York City during 2016, putting it among some of the most dangerous cities for workers.
Construction-related fatalities and injuries can be a huge problem, but fortunately, there are lawyers out there who specialize in helping those who have been injured. Construction accident claims can become complicated because of all the different parties that could be liable. Court cases associated with construction accidents require several types of legal knowledge because not only do you need to prove the accident happened because of another party’s negligence, you also need to know how to calculate time lost from work and medical expenses. Construction accidents can lead to serious injuries such as broken bones, head injuries, and death. Construction accident claims will involve a construction accident lawyer who understands the complexities involved in a case like this.
CONSTRUCTION ACCIDENT AND CONSTRUCTION SITE SETTLEMENTS AND VERDICTS
- $44 Million verdict in a construction accident case for a client who was injured when he fell from a wall on a construction site. This was the largest verdict of its kind in New York history.
- $4.9 Million settlement for damage to a building, which occurred due to the construction of an adjacent building.
- $3.1 Million settlement for a laborer who was struck by a falling object while on a construction job.
- $1.9 Million settlement for a construction worker who was struck by falling pipes and suffered a neck injury.
- $1.9 Million settlement for a construction worker who injured his legs when he fell from a wall on a construction site.
- $1.55 Million settlement for a construction worker who fell off of a ladder and injured his back.
- $1.5 Million settlement for a laborer who fell and injured his back when a trench gave way.
- $1.5 Million settlement for a construction worker who fell off of a ladder and injured his bicep.
- $1.45 Million settlement for a construction worker who suffered a knee injury when struck by a falling ladder.
- $1.4 Million settlement for a construction worker who fell off of a ladder and injured his back.
- $1.32 Million settlement for a construction worker who fell off of a ladder and injured his knee.
- $1.3 Million settlement for a construction worker who fell off of a scaffold and injured his neck.
- $1.25 Million settlement for a construction worker who burned his hands while carrying tar on a roofing project.
The attorneys at Jaroslawicz & Jaros have handled numerous cases involving people who have suffered serious injuries while working on construction projects, including falling off of ladders or scaffolds, falling into trenches or off roofs, being injured by falling pipes and other objects, stepping on debris, getting injured by machinery and many other fact patterns.
MORE CASE EXAMPLES
Crane Collapse
Jaroslawicz & Jaros has been involved as lead counsel in cases involving cranes that collapsed on construction sites in New York City. In one case, we wrote and argued the appeal before the higher court where the appellate court upheld Jaroslawicz & Jaros’ claim for its client’s emotional distress in the 51st Street crane collapse.
Sign Repairer’s Right To Sue
In a leading case which interpreted New York State Labor Law involving an injured construction worker’s rights to sue, our firm was successful in bringing a case for an injured worker under New York State Labor Law where David Jaroslawicz of Jaroslawicz & Jaros wrote the brief and argued before the New York Court of Appeals, the highest court in the state of New York. In Izrailev vs Ficarra Furniture, 70 N.Y.2d 813, 523 N.Y.S.2d 432, the New York Court of Appeals permitted recovery under the New York State Labor Law statute to an electrician who was injured while attempting to repair a sign. This case established the law for the first time that working on a sign was to be considered working on a structure, and this gave the injured worker the protection and benefit of the Labor Law statute, thus permitting the worker to recover from his injuries.
Most Common Construction Accident Injuries
According to the Occupational Safety and Health Administration (OSHA) 10,000 construction workers are killed on the job every year. Construction accidents can be caused by many different factors, including heavy machinery or equipment failure, faulty design plans, neglecting to secure proper permits for projects, lack of safety training and protective gear provided to employees, insufficient oversight, poor provision of safety equipment, faulty scaffolds and ladders, falling objects, unsafe working conditions, hazardous materials or chemicals, improper storage methods for heavy machinery or equipment, and many other causes. Construction accidents can lead to serious injuries including cuts, bruises, broken bones (fractures), head injuries (concussions), spinal cord injuries (paralysis), brain injuries, nerve damage, loss of limbs (amputations), heatstroke, hypothermia, death. Construction workers are entitled to workers’ compensation benefits for any job-related injury or illness if their employer is covered by the New York State Workers’ Compensation law. Construction accidents can result in workers’ compensation claims whether they result in a temporary disability, permanent disability or death. Construction workers are entitled to seek damages from the general contractor or construction manager if their employer is not covered by the New York State Workers’ Compensation law. Construction accident victims have the right to receive compensation for lost wages, medical expenses and other damages resulting from an injury on a construction site. If you have been injured in a construction accident, call an experienced construction accident lawyer to find out if you are entitled to receive workers’ compensation benefits or if you may be able to file a personal injury claim.
WE HAVE THE EXPERIENCE, KNOWLEDGE AND RESOURCES FOR CONSTRUCTION ACCIDENTS
Because this type of litigation often requires that multiple experts be retained to properly support the case, including experts to prove liability, who would be persons with expertise in construction such as engineers and construction managers, as well as doctors, rehabilitation experts and economists who can explain the severity and extent of the injury and the loss of earnings and future earning capacity to the court and a jury, it is important to retain a law firm that has the experience in the field as well as the financial ability to retain the proper experts to both consult with and to testify on your behalf should your case proceed to trial.
WHAT HAPPENS WHEN YOU MEET WITH A NEW YORK CONSTRUCTION ACCIDENT LAWYER?
If you think you might have a personal injury lawsuit, the next step is always to talk to a New York construction accident attorney. However, we realize this can feel like an intimidating step - so we do everything we can to put you at ease when you contact us here at Jaroslawicz & Jaros.
We’ll organize a consultation time that works for you. We understand that you may still be suffering with your injuries, so we’ll do everything possible to work around your needs. When you talk to us, we’ll give you plenty of time to tell us what’s happened and why you think the accident happened. This is vitally important, so you’ll never be rushed or interrupted. Your experience will form the basis for your case - so we’ll ask questions to get a full understanding.
You can also be 100% confident that your experienced construction accident attorney will never talk in ‘legal speak’ - except when we have to explain the legal process. Many New York City construction accident attorneys can confuse clients with complex legal speak - but we’ll never do that here. We speak your language - and we’ll explain the next steps carefully so you understand what’s to come.
Ultimately, our free consulation is there to help you understand if you’ve potentially got a case. Also, it’s there so you can decide if we’re the type of law firm you’d like to have on your side. We’ve given successful legal representation to thousands of injured workers - both through personal injury claims or a workers compensation claim. We’ll fight hard to make sure you get the compensation you deserve.
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