Helping workers affected by job-related injuries & illnesses
Construction workers face some of the most hazardous working conditions of any industry, often contending with dangerous heights, heavy machinery, and countless other risks on a daily basis. Given these ever-present dangers, it is no wonder that construction workers have one of the highest injury rates of any job in the United States.
At Keith D. Silverstein & Associates, we understand how overwhelming it can be to suffer a serious injury, particularly when your injury makes it impossible to work and requires substantial medical treatment. If you or a loved one has been injured in a construction accident, reach out to us today. We can help you explore your legal options and explain your rights under New York law, including New York’s scaffolding law, workers’ compensation law, and more.
After a construction accident, it is crucial to protect your rights and seek legal representation to ensure you receive the compensation you deserve. Our New York construction accident lawyer at Keith D. Silverstein & Associates is here to guide you through the legal process and fight for your rights.
Here are a few reasons why seeking legal representation is essential:
Some of the most frequently cited OSHA safety standard violations for 2021 included:
Most of these accidents are preventable if employers take the right steps, but our fall protection attorney has seen how badly things can go wrong. Unprotected roofs, floor openings and ledges hold the top spot for fall hazards, followed by poorly erected scaffolding. The third leading cause of falls in construction is unsafe ladders. Taking the proper steps to address these issues are an employer’s responsibility, but some do not rise to the task.
These types of safety violations, among others, can lead to all types of construction accidents, including serious falls, toxic exposure, machine entanglement, industrial truck accidents, scaffolding collapses, cave-ins, and more. Due to the serious nature of these types of accidents, construction workers are at risk of severe or even fatal injuries.
Some of the most common construction-related injuries include:
Get in touch with us by calling our office at 212-385-1444 or by submitting a secure contact form. Your initial consultation is free, and there are no fees unless we recover compensation for you.
If you are involved in a construction accident, the first thing you should do is seek medical attention. If necessary, call 911 and wait for an ambulance to arrive. If you do not need an ambulance, you should still go to the nearest hospital, urgent care center, or doctor’s office as soon as possible.
Next, you should report the incident to your employer. If you wish to seek workers’ compensation benefits, you must report the injury within 30 days, but the sooner you let your employer know that you were injured at work or because of your job, the sooner your employer can begin the workers’ compensation process.
Once you have sought initial medical treatment and notified your employer, it is a good idea to contact a New York City construction accident lawyer with experience handling construction accident claims, such as those at Keith D. Silverstein & Associates. Our lawyers can review the details of your case and determine whether you are entitled to workers’ compensation benefits, personal injury damages, or both. With more than three decades of legal experience, including considerable time in insurance defense, our founding attorney knows how the other side operates and knows how to counter those tactics when advocating for your maximum recovery.
To prove that the other party (known as the defendant) is liable for your damages, you will need to prove each of the following elements:
These damages may include:
Contact us today and schedule a free consultation with a top construction accident attorney in New York: 212-385-1444. Hablamos español.
We Help The Injured
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We can help you no matter the circumstances of your construction site injury, including injuries related to:
When you’ve been injured in a construction accident in New York City, navigating the legal process can be overwhelming. That’s where the dedicated team at Keith D. Silverstein & Associates comes in. As a top construction accident attorney in New York, we are here to fight for your rights and help you obtain the compensation you deserve.
Our skilled attorneys have a deep understanding of the complex laws and regulations governing construction accidents in New York City. We will thoroughly investigate your case, gather evidence, interview witnesses, and consult with experts to build a strong claim on your behalf. We will work tirelessly to establish liability and hold the responsible parties accountable, whether it’s the site owner, contractor, subcontractor, or equipment manufacturer.
Additionally, we understand the physical, emotional, and financial toll a construction accident can have on your life. We will compassionately guide you through every step of the legal process, providing support and personalized attention. Our goal is to alleviate your stress and allow you to focus on your recovery.
With our extensive experience and proven track record, we have recovered significant compensation for our clients in construction accident cases. We will aggressively negotiate with insurance companies and, if necessary, take your case to trial to ensure you receive the maximum compensation you are entitled to for medical expenses, lost wages, pain and suffering, and more.
If you’ve been injured in a construction accident in New York City, it’s crucial to be aware of the time limits, known as statutes of limitations, for filing your personal injury claim. In New York, the statute of limitations for construction accident injury claims is generally three years from the date of the accident.
However, it’s important not to delay in seeking legal representation and initiating your claim. Waiting too long can jeopardize your case, as evidence may be lost, witnesses’ memories may fade, and critical deadlines may pass.
To ensure the best possible outcome for your construction accident claim, it is highly recommended that you consult with an experienced New York City construction accident lawyer as soon as possible after the accident. We will evaluate your case, determine the applicable statute of limitations, and guide you through the legal process.
If you were partially at fault for your construction accident in New York, you may still be able to recover compensation under the state’s comparative negligence law. New York follows the rule of pure comparative negligence, which means that your compensation will be reduced by the percentage of fault assigned to you.
For example, if you were found to be 20% at fault for the accident, and the total damages were determined to be $100,000, your compensation would be reduced to $80,000.
It’s important to note that even if you were partially responsible for the accident, you may still have a valid claim and be entitled to recover damages for your injuries. However, the compensation you receive will be proportionally reduced based on your degree of fault.
Navigating the complexities of comparative negligence laws requires the expertise of a skilled New York City construction accident attorney. At Keith D. Silverstein & Associates, we have a deep understanding of these laws and how they apply to construction accident cases. We will diligently investigate the circumstances of your accident, gather evidence, and work to minimize the percentage of fault assigned to you.
Our goal is to maximize your compensation and ensure that you receive a fair recovery for your injuries, even if you bear some responsibility. Contact our experienced team today for a free consultation. We will assess your case, explain your rights, and provide you with the personalized legal guidance you need during this challenging time.
Because we offer our legal services on a contingency fee basis, you do not pay anything upfront or out of pocket when you hire our team. Instead, we cover the initial costs associated with litigating your case and only collect attorney fees if/when we secure compensation for you.
In other words, if we do not recover a settlement or verdict on your behalf, you do not pay any legal fees.
"My husband was injured a few years ago and Keith D. Silverstein & Associates was there to help him receive the compensation he deserved. They worked hard and never settled for anything less than what they thought he was entitled to."
- Virginia
A construction accident lawyer focuses on cases that involve accidents and injuries that occur on construction sites. They represent people — workers, subcontractors, passersby, etc. — who have been injured due to a variety of circumstances such as faulty equipment, unsafe work conditions, or negligence by a third party. A construction accident attorney’s goal is to get the most compensation possible for injured clients.
You should consider hiring a top construction accident attorney in New York as soon as possible following an accident on a construction site. If you've suffered injuries, it's crucial to get legal representation promptly to protect your rights and pursue the right amount of compensation. A lawyer can help you navigate the complex legal landscape of workers' compensation laws, personal injury claims, and potential third-party liability. They can also gather evidence, negotiate with insurance companies, and if necessary, represent you in court.
If you are partially at fault for the construction accident, New York's pure comparative negligence law still allows you to file a claim and demand compensation. Under this rule, you can file against another party as long as that party has at least 1% liability. Any recovery you make will be reduced by a percentage equal to your fault, too.
Whether you need to prove negligence in a construction accident case largely depends on the specifics of your claim. If you're filing a workers' compensation claim, you typically do not need to prove negligence because it operates under a no-fault system. However, if you're pursuing a personal injury lawsuit against a third party — such as a contractor, equipment manufacturer, or property owner — then you would likely need to prove that their negligence contributed to your accident.
Important evidence for a construction accident lawsuit could include:
The duration of a construction accident lawsuit can vary significantly based on the complexity of the case, the parties involved, and the court's schedule. On average, it could take anywhere from several months to a few years to resolve. Factors that can lengthen the process include extensive discovery, numerous witnesses, complex legal issues, or a high amount of damages claimed. Additionally, if the case goes to trial rather than settling out of court, it will typically take longer.
In most cases, you cannot sue your employer directly for a construction accident due to workers' compensation laws. Such laws typically provide benefits for injured workers regardless of who was at fault for the accident, but they also limit your ability to sue your employer. However, there are exceptions to this rule. For instance, if your employer intentionally caused your injury or if they do not carry the required workers' compensation insurance, you might be able to bring a lawsuit against them.
If a construction accident was caused by faulty equipment, you may have a product liability claim against the manufacturer of the equipment. In such cases, the manufacturer can be held liable if the equipment was defectively designed, unsafely manufactured, or if they failed to provide adequate warnings or instructions about how to safely use the equipment.
If a construction accident results in a fatality, the deceased worker's family or estate may be able to file a wrongful death lawsuit. This kind of lawsuit seeks compensation for damages such as lost income, funeral expenses, and loss of companionship. The party that can be sued depends on who was responsible for the accident, such as the employer, a third-party contractor, or a manufacturer of defective equipment. In some cases, workers' compensation may also provide benefits for death.
You can sue multiple parties for a construction accident if more than one party is responsible for your injuries. This is often the case in construction accidents, where various entities such as property owners, general contractors, subcontractors, equipment manufacturers, and others may all have different roles and responsibilities on a construction site. Each of these parties has a legal duty to ensure the safety of the site and the workers, and a breach of this duty could result in liability.
When choosing a New York construction accident lawyer, there are several factors you should consider: the lawyer's experience in handling construction accident cases; their knowledge about construction laws and regulations; their ability to investigate and identify all liable parties; their communication skills and frequency; and how comfortable you feel when working with them.
New York Labor Law 240, also known as the Scaffold Law, is a state law designed to protect construction workers who are working at heights from falls or fall-related accidents. The law imposes strict liability on contractors, owners, and their agents (with some exceptions) for injuries related to gravity risks, such as falling from heights or being struck by falling objects. The scaffolding or staging must be constructed to bear four times the maximum weight required when in use. Under this law, property owners and general contractors are subject to strict liability for gravity-related injuries, which can make getting compensation after a scaffolding accident much simpler.
In New York City, anyone who has been injured in a scaffolding accident due to the negligence of another party or a violation of safety regulations has the right to file a scaffolding accident claim. This includes not only full-time employees but also part-time workers, subcontractors, and in some cases, bystanders who were injured as a result of the accident. The injured party can seek compensation for their medical bills, lost wages, pain and suffering, and other related damages.
In New York, you can file a scaffolding accident claim even if your employer provides workers' compensation insurance coverage and benefits. A civil injury claim and a workers’ compensation claim are two separate legal processes, and receiving workers' compensation does not prevent you from pursuing a personal injury lawsuit. Workers' compensation can cover medical bills and lost wages, but it doesn't account for pain and suffering, excess economic losses, and other various forms of damages, which can be sought in a personal injury claim. Furthermore, a scaffolding accident claim can be filed against parties other than your employer, such as the property owner, general contractor, or equipment manufacturer, if their negligence contributed to the accident.
Even if you were partially responsible for a scaffolding accident, you can still file a claim under New York's pure comparative negligence law. In such a case, your compensation will be reduced according to the percentage of fault attributed to you. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%. It’s important to work with a New York construction accident lawyer who knows how to investigate an accident and prove that your liability should be kept at a minimum, ideally as low as 0%.
Scaffolding accidents are not explicitly listed as one of the OSHA Fatal Four, which are the leading causes of worker deaths on construction sites excluding highway collisions. However, the OSHA Fatal Four does include fall accidents and struck-by (falling object) accidents, which include scaffolding accidents. These accidents typically occur due to planking or support giving way, workers slipping, or the absence of necessary safety equipment or precautions.
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