The construction industry continues to grow on Long Island, employing thousands of people each year. Yet construction work can be dangerous, and accidents often happen when workers are rushing to meet deadlines or a crew is understaffed.
Due to the heavy machinery involved, construction site accident injuries can be serious and sometimes fatal. The consequences can leave victims facing hospitalization, medical bills, and other life-altering losses. You don’t have to manage these losses on your own when you hire a Long Island construction accident attorney for legal guidance.
At Trantolo & Trantolo, LLC, our Long Island personal injury lawyers offer personalized legal representation to construction workers seeking compensation for accident damages. Our firm brings over 85 years of experience fighting for the rights of Long Island residents. Call us for a free consultation.
How a Long Island Construction Accident Lawyer Can Help with Your Claim
After an accident, you deserve justice. Trantolo & Trantolo, LLC handles construction site accidents involving the incorrect operation of cranes and forklifts, construction equipment, hazardous material spills, and other dangers.
Our Long Island personal injury attorneys understand the impact of a serious injury on your quality of life and it’s our mission to win compensation for you. Our knowledgeable staff will take care of the legal details while you focus on healing. We will also:
- Communicate with all parties involved in your case on your behalf
- Determine liability
- Explain any laws that apply to your case
- Answer all your legal questions
- Be available to take your phone calls and answer your emails
- Provide emotional support to you and your family
What Former Clients Say After Working With Trantolo & Trantolo, LLC
Former clients have been satisfied with the way our legal team handled their cases. They say:
“My experience with your Law Firm was amazing. Dan really took care of me and kept me informed every step of the way. Not only was he my lawyer, he became a friend. I am completely satisfied and will definitely recommend this firm and Dan to friends and family.” – A.W.
Why Construction Accidents Are Devastating for Injured Workers and Their Loved Ones
Construction accidents often result in severe injuries that require extensive medical treatment, rehabilitation, and long-term care. Additionally, the financial impact extends beyond medical expenses, as injured workers may face lost wages, reduced earning capacity, and other economic hardships.
Medical expenses are one of the most significant costs associated with construction accidents. Following the initial treatment, injured workers may need ongoing medical care, physical therapy, and rehabilitation. In some cases, they may require lifelong medical support, such as home modifications or personal care assistance, which can result in substantial long-term costs.
Lost wages and reduced earning capacity are other major financial consequences of construction accidents. When a worker is injured and unable to return to their job, they may lose a significant portion of their income. This can be particularly devastating for families who rely on the worker’s earnings to make ends meet.
Pursuing a construction accident claim can help injured workers and their families recover compensation for these expenses and losses.
Damages You Can Claim in a Long Island Construction Accident Case
Suffering a construction accident injury can leave you with steep medical bills, lost income, pain and suffering, and emotional distress. You should not have to bear these burdens alone. If negligence caused your accident, you have legal rights to pursue damages by filing a construction accident lawsuit.
Our construction accident lawyers on Long Island can build a strong case to help you recover fair compensation. This financial recovery can greatly aid you by covering costs like:
- Medical expenses from injury treatment, both immediate and ongoing
- Income lost due to missing work during recovery
- Pain and suffering
- Compensation for permanent disability or disfigurement
- Emotional distress and mental anguish
- Wrongful death damages, if you lost a loved one to a construction site injury
Our New York construction accident attorneys have helped injury victims collect billions over decades of successful claims. We provide trustworthy representation, protecting your rights and best interests during the legal process.
What Are the Different Types of Claims You Can File After a Construction Accident on Long Island?
After a construction accident on Long Island, there are several types of claims that you may be able to file, depending on the circumstances of your case. These include:
Workers’ Compensation Claims
If you were injured while working on a construction site, you may be eligible for workers’ compensation benefits. These benefits can cover your medical expenses, a portion of your lost wages, and disability benefits if you are unable to return to work. In most cases, you do not need to prove fault to receive workers’ compensation benefits.
Personal Injury Claims
If your construction accident was caused by someone else’s negligence, such as a contractor, subcontractor, or property owner, you may be able to file a personal injury claim. This type of claim allows you to seek compensation for your medical expenses, lost wages, pain and suffering, and other damages related to your injury.
Wrongful Death Claims
If a construction accident results in the death of a worker, their family members may be able to file a wrongful death claim. This type of claim seeks compensation for the deceased worker’s medical expenses, funeral costs, lost income, and the loss of companionship and support for the family.
Third-Party Claims
In some cases, a construction accident may be caused by a third party who is not the worker’s employer or a co-worker. For example, if a pedestrian or motorist causes an accident on a construction site, the injured worker may be able to file a third-party claim against the responsible party.
Consulting with an experienced Long Island construction accident attorney can help you determine which types of claims apply to your specific situation. Your attorney can help you navigate the complex legal process and fight for the compensation you deserve.
How Much Does It Cost to Hire a Long Island Construction Accident Lawyer?
Our construction injury law firm works on a contingency-fee basis, so it costs nothing upfront to hire us. With our contingency-fee structure, you won’t owe us anything until we win or settle your case. This type of arrangement makes justice accessible to everyone and not just injured construction workers who can afford to pay a retainer.
We also provide free initial consultations, during which you can seek legal advice and ask us any questions you have. Our team will gladly offer guidance to any injured construction workers interested in working with us, free of obligation. You don’t have to file a claim to speak with us. We are here to help.
How Long Do You Have to File a Construction Injury Case on Long Island?
We strongly recommend you contact our Long Island construction accident law firm immediately after a construction injury so we can begin investigating those responsible. It takes time to put together a strong case for your compensation, and there is also the statute of limitations to keep in mind. In New York, the time limit to file a construction accident lawsuit is generally three years according to CVP § 214.
In situations where a construction accident is fatal, in most cases, the survivors of the deceased have two years to file a wrongful death claim in New York, per EPT § 5-4.1. There are some exceptions to the statute of limitations. Your injury attorney will tell you if any of these apply to your situation.
Who Can File a Wrongful Death Claim After a Fatal Construction Accident in New York?
A fatal injury on a construction site is deeply painful for the survivors, and to compound your loss, the deceased may have also been your financial support. If negligence by another person or company caused the death, a wrongful death lawsuit may be possible. New York law defines a “wrongful death” as one caused by someone else’s carelessness.
Only certain people can file a wrongful death lawsuit in New York. The personal representative or executor appointed to handle the deceased’s estate is the only one with legal standing. Many other states allow any spouse, parent, or child to sue after a wrongful death. However, New York requires you to be the executor, even if you’re an immediate family member.
The executor files the claim on behalf of all beneficiaries, like the surviving spouse and children. This appoints them to seek compensation for losses the family now faces. Though a payout cannot replace your loved one, it can help provide financial stability after a tragedy. To learn more about your options after a fatal construction accident on Long Island, call us at (844) 999-9999 or contact us online.
Construction Accident Claims on Long Island Can Be Complex
Several complications can arise during a construction accident lawsuit that may impact the outcome of the case or prolong the legal process. Some of the most common complications include:
Insurance Coverage Issues
Construction accident claims often involve multiple insurance policies, such as those held by the property owner, general contractor, and subcontractors. Disputes may arise over the extent of coverage provided by each policy, as well as which policy should take precedence in paying out claims. These issues can delay the resolution of the case and may require legal intervention to resolve.
Gathering and Preserving Evidence
Construction sites are dynamic environments that can change rapidly following an accident. This can make it difficult to gather and preserve evidence crucial to the case, such as photographs of the scene, witness statements, and equipment maintenance records. If evidence is lost, destroyed, or altered, it can weaken the worker’s case and make it more challenging to prove liability.
Expert Testimony
Construction accident cases often require the testimony of expert witnesses, such as engineers, safety specialists, or medical professionals, to establish the cause of the accident, the extent of the injuries, and the long-term impacts on the worker. Hiring these experts can be costly, and their opinions may be subject to challenges by the opposing party, leading to further complications and delays.
Appeals and Delays
If either party is unsatisfied with the outcome of the case, they may choose to appeal the decision to a higher court. This can significantly extend the timeline of the case and result in additional legal costs. Moreover, if the case goes to trial, there may be delays due to court backlogs, scheduling conflicts, or other procedural issues.
Settlement Negotiations
Many construction accident cases are resolved through settlement negotiations rather than going to trial. However, these negotiations can be complicated by factors such as the severity of the injuries, the strength of the evidence, and the willingness of the parties to compromise. If negotiations break down or if one party refuses to offer a fair settlement, it can prolong the legal process and necessitate further court intervention.
Our Long Island construction accident lawyers can navigate the legal complexities, gather and preserve evidence, and advocate for the rights of injured workers. By addressing these challenges head-on and building a strong case, we can help injured workers secure the compensation they need to cope with the consequences of a construction accident.
Types of Construction Accidents You Can File a Claim for on Long Island
When a construction accident results in injuries, you may qualify for compensation. Here are some of the types of accidents on construction sites that you may file a claim for:
- Falls: Falls from heights, slips, trips, and falls at ground level are common at construction sites and can cause serious injuries.
- Struck by objects: Workers can be hit by falling debris, equipment, tools, and vehicles at construction sites.
- Electrocution: Contact with live wires, defects in tools and equipment, and other electrical hazards can lead to electrocution.
- Caught between objects: Workers can be caught in or crushed by machinery, equipment, collapsing structures, and trenches.
- Explosions & fires: Flammable materials and chemicals, electrical issues, equipment leaks, and other hazards can spark blasts or fires.
- Ladder accidents: Falls from ladders, ladders collapsing or slipping, missing safety features, and improper ladder use.
- Scaffolding collapse: Faulty construction, missing guardrails, overloading weight capacity, and other factors can trigger scaffolding failure.
- Traffic incidents: Workers struck by passing vehicles, construction vehicles, and equipment on roads and work sites.
- Defective safety gear: Malfunctioning, damaged, or missing protective equipment, helmets, goggles, and other safety gear can lead to injuries.
- Confined spaces & air quality: Hazardous fumes, lack of oxygen, and tight quarters can endanger workers in confined spaces.
During your initial consultation with our Long Island construction accident attorneys, we will examine the details of your case and explain your legal options.
What Shared Liability Can Look Like in a Long Island Construction Accident Claim?
Shared liability in a construction accident claim in New York can occur when multiple parties are found to be at fault for the incident. Here’s an example to illustrate how shared liability might work:
A Construction Accident Scenario With Shared Liability
A construction worker is injured when a scaffold collapses on a job site in New York City. The investigation reveals that the scaffold was improperly assembled by a subcontractor and that the general contractor failed to properly inspect the scaffold before allowing workers to use it.
In this case, both the subcontractor and the general contractor may share liability for the worker’s injuries:
- Subcontractor’s liability: The subcontractor who assembled the scaffold may be found liable for failing to follow proper safety protocols and industry standards when erecting the scaffold. Their negligence directly contributed to the collapse and the worker’s injuries.
- General contractor’s liability: The general contractor overseeing the construction project has a responsibility to ensure a safe work environment for all workers on the site. By failing to properly inspect the scaffold and ensure that it was safe for use, the general contractor may be found liable for the worker’s injuries.
How Shared Liability in New York Works
Under New York’s comparative negligence rules, liability would be apportioned between the subcontractor and the general contractor based on their percentage of fault. For example, if the subcontractor is found to be 70% at fault and the general contractor 30% at fault, any damages awarded to the injured worker would be divided accordingly.
The injured worker would file a workers’ compensation claim to receive benefits for medical expenses and lost wages. They may also choose to file a personal injury lawsuit against the subcontractor and general contractor to seek additional compensation for damages not covered by workers’ compensation, such as pain and suffering.
If the injured worker is found to have contributed to their own injuries, such as by ignoring safety protocols, their percentage of fault would also be considered under comparative negligence rules, and their total compensation would be reduced accordingly.
Who’s Liable for Your Injuries After a Construction Accident?
In a large-scale construction project, where hundreds of workers are on site and operating construction equipment, accidents can be very serious. Several factors play a role in determining liability in a construction accident.
Responsible parties may include:
- General contractors
- Construction site owners
- Subcontractors
- Engineers and architects
- Equipment manufacturers
Construction site owners must follow specific regulations to keep their employees safe. If a company violates these safety standards and an injury occurs, the employer becomes obligated to compensate the worker for their losses.
Filing a Construction Accident Claim When There Is No Workers’ Compensation Coverage
In New York, employers in the construction industry are required by law to carry workers’ compensation insurance for their employees. This insurance provides benefits to workers who are injured on the job, regardless of fault. However, if your employer does not have workers’ compensation coverage, you still have options for seeking compensation for your injuries.
If your employer is legally required to carry workers’ compensation insurance but fails to do so, you may be able to file a claim with the New York State Workers’ Compensation Board’s Uninsured Employers Fund (UEF). The UEF is designed to provide benefits to injured workers whose employers are uninsured in violation of the law.
In normal circumstances, workers’ compensation is considered an exclusive remedy, meaning that you cannot sue your employer for a work-related injury. However, when an employer fails to secure workers’ compensation insurance, they lose this protection and can be sued directly.
New York’s Scaffold Law and Construction Accident Claims
New York’s Scaffold Law, also known as Labor Law Section 240, is a unique and powerful statute that provides strong protections for workers who are injured in construction accidents involving scaffolds, ladders, hoists, and other elevated work surfaces. The law places a strict liability on property owners and general contractors for certain types of accidents, making it easier for injured workers to seek compensation.
Here’s how the Scaffold Law applies to personal injury claims in New York:
- Strict liability: Under the Scaffold Law, property owners and general contractors are held strictly liable for injuries sustained by workers when the injuries are caused by a failure to provide proper safety equipment or protection against elevation-related risks. This means that the worker does not need to prove negligence on the part of the property owner or general contractor to recover damages.
- Types of accidents covered: The Scaffold Law applies to accidents involving falls from heights, falling objects, and other elevation-related hazards. This includes accidents involving scaffolds, ladders, hoists, slings, hangers, pulleys, irons, ropes, blocks, and other similar devices.
- Worker eligibility: The law protects construction workers, repair workers, demolition workers, and other employees engaged in work that involves elevation-related risks. The worker must be employed in the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure.
- Safety requirements: Property owners and general contractors are required to provide workers with proper safety equipment, such as scaffolds, ladders, and safety harnesses, and ensure that these devices are properly constructed, placed, and operated. Failure to do so can result in liability under the Scaffold Law.
- Damages recoverable: Workers who are injured in accidents covered by the Scaffold Law can seek compensation for their medical expenses, lost wages, pain and suffering, and other related damages. In cases of severe injuries, the compensation can be substantial.
- Comparative negligence: Unlike many other personal injury claims, the worker’s own negligence does not reduce the amount of damages they can recover under the Scaffold Law. Even if the worker is found to be partially at fault for the accident, the property owner and general contractor can still be held fully liable.
The Scaffold Law provides strong protections for construction workers in New York who are exposed to elevation-related risks. If you have been injured in a construction accident involving a scaffold, ladder, or other elevated work surface, it is essential to consult with an experienced New York construction accident attorney who can help you understand your rights and seek the compensation you deserve under this powerful statute.
Get a Free Consultation with Our Long Island Construction Accident Law Firm
If you or a loved one has been injured in a construction accident, you need strong legal representation on your side. Our team of dedicated Long Island construction accident lawyers understand the challenges these types of cases bring. We want to help you seek fair compensation.
Call us for a free consultation. We will evaluate your situation, answer any questions you have, and start building your case right away.
Financial compensation cannot erase what happened, but it can ease your financial burdens as you and your family work to move forward. Let our construction accident legal team help guide you through this difficult process. Call us today for a free case review and Let Our Family, Help Your Family.