Accidents Caused by Falling Objects
The attorneys at the Jesse Minc Law Group dedicate their practice to helping members of the construction trades who have been injured in accidents caused by falling objects get the compensation to which they are entitled if they are injured and cannot work any longer. Construction litigation is among the primary focuses of our firm. Our Bronx construction accident attorneys have won millions of dollars for injured workers throughout New York State, and have successfully tried and argued cases throughout the New York State court system’s trial and appellate courts. Our lawyers understand the unique issues involved in construction accident lawsuits – from the intricate legal requirements applicable to proving liability, to the special issues involved with proving lost earnings and benefits that are available to union tradesmen – and are as well positioned, experienced and knowledgeable as anyone in bringing these cases in a successful and effective manner.
Unfortunately, despite the fact that, in recent years, site safety officers and OSHA representatives have become a fixture on many large construction sites, safety violations occur on a daily basis, and often are the root cause of serious injuries on job sites. Many construction accidents involve workers injured by falling debris and other objects (tools, construction equipment, etc.) on a construction site. When a falling object strikes a worker and causes a serious injury, it is almost always due to a failure of the owner and general contractor to ensure compliance with safety rules and regulations designed to avoid these tragic occurrences. Our firm is standing by to apply our experience and knowledge of the construction accident laws to help you hold those responsible for these egregious safety violations accountable, and force them to pay you the compensation that you deserve if you are injured due to being struck by a falling object.
We have the resources and experience to ensure that your employer and its insurance provider give your claim the respect that it deserves. We do this by immediately filing a lawsuit alleging violations of the New York Labor Law; we negotiate only once your case is in suit, which tactic generally increases the value of your claim because it lets the defendants know that you are serious about your case, and have serious construction accident lawyers in your corner fighting for you and your family. Our construction accident lawyers work meticulously to gather witness testimony, records relating to your accident, medical records, expert witness opinions regarding both the safety violations that caused your accident as well as your injuries (both physical and economic), and other evidence to clearly determine how an accident caused by a falling object happened, including whether a violation of a safety law was involved. We guide clients through the legal process with personalized attention and with the ultimate goal of obtaining full compensation for our clients.Pursuing Compensation Through a Labor Law Claim
If you have been injured in an accident caused by a falling object at a construction site, you have the right to seek compensation from parties such as the property owner, a general contractor, or (in some cases) a sub-contractor that was responsible for failing to provide safety equipment or creating a hazardous condition that caused your accident. The money damages typically available in these cases include compensation for medical bills, missed wages due to time away from work, any reduction in your future earning capacity, and pain, suffering, and emotional distress.
New York State law requires construction companies – and, more specifically, owners and general contractors at job sites – to take some specific steps to bolster workers’ safety on job sites. With respect to falling objects, special protection is provided under the law to make sure that workers who are exposed to, and harmed by, falling objects on a construction site are fully compensated. Section 240 of the Labor Law is the key legal provision in context of falling object lawsuits, and obligates owners and general contractors to provide the proper safety equipment to protect workers against the danger of an object falling from a height and striking them. In fact, this important law imposes “absolute liability” against owners and general contractors if an object falls and strikes a worker so long as it can be proven that a particular safety device that could have prevented the accident was either not provided at all, or was defective, and that the worker was thus denied “adequate protection” from the grave risk of injury due to being struck with a falling object. Construction companies are obligated under the law to provide scaffolding, ropes, hoists, stays, ladders, and other safety devices to prevent falls of both people and objects, and are strictly liable to an injured worker if they fail to do this properly. Labor Law Section 241 similarly requires construction companies to provide specific safety equipment and procedures in connection with construction, excavation and demolition work, and is another important tool in our attorneys’ arsenal if we accept your construction accident case into our firm.
A person injured in an accident because a contractor or other entity did not provide the necessary safeguards does not need to prove that the company acted negligently. All that you need to establish is that the company failed to provide the required safety equipment or otherwise violated the Labor Law and that this lapse contributed to the accident in order to be entitled to compensation. Contact our firm today at (718) 354-8000 to learn more about your rights under the Labor Law if you are injured in a construction accident.Benefits Available Through Workers’ Compensation for Falling Object Accidents
A person injured on the job also usually has the right to seek workers’ compensation benefits. This form of insurance – which covers employees, but not independent contractors – offers compensation for missed wages and related medical costs. However, it does not cover as many different types of costs and losses as a claim under the Labor Law.
To get workers’ compensation benefits for you, our Bronx attorneys would need to show that you were injured or contracted an illness in a way that “arose out of” your work. A construction worker injured in an accident caused by falling objects at a job site should be able to meet this standard. Workers’ compensation in New York is also a “no fault” system. That means that you do not need to prove that your employer or a coworker is to blame for the injury or illness in order to get benefits.Explore Your Legal Options with Our Bronx Attorneys After a Construction Accident
At the Jesse Minc Law Group, we understand how to build the strongest possible cases for people who have been injured on construction sites. Our attorneys have been successful in court or at the negotiating table in more than 95 percent of our cases overall. We provide personalized attention rather than making each client go through a maze of paralegals and administrative assistants to talk to their attorney. We offer free consultations to people throughout New York City, including in Manhattan, Brooklyn, the Bronx, Queens, and Nassau, Suffolk, and Westchester Counties. We do not charge a fee in most construction accident cases unless we are able to get benefits or compensation for our client. Call us at (718) 354-8000 or contact us online to schedule a free initial consultation. Se habla espanol.