Brooklyn Construction Accident Lawyer
There are always plenty of job opportunities for construction workers in Brooklyn and the other boroughs of New York City, the city where construction seems to be a never-ending process. However, construction workers also have one of the most dangerous jobs in Brooklyn.
According to the U.S. Bureau of Labor Statistics, the construction industry accounted for over a third (34%) of all fatal occupational industries in NYC in 2017 and 2018.
A construction accident can happen to anyone, even the most cautious worker. At The O’Connor Law Firm, we understand that construction accident injuries can have a devastating effect on a worker’s life. That’s why we are committed to helping injured workers and their families obtain the compensation they deserve.
Why Choose The O’Connor Law Firm For My Brooklyn Construction Accident Case?
Our founding member Brian J. O’Connor is a former construction accident defense lawyer, having represented some of the largest general contractors, developers and property owners in the NYC construction industry. Brian has a unique perspective with valuable insight into the tactics and tricks used by the construction industry and its insurance companies to deny, delay and defend legitimate construction accident claims.
The O’Connor Law Firm has a proven track record of success and a well-deserved reputation for winning personal injury cases for injured workers in NYC since 2006. Brian has successfully recovered millions in settlements and verdicts for workers injured in construction accidents.
If you or your family member has been injured in a construction accident in Brooklyn or throughout New York City, do not hesitate to contact The O’Connor Law Firm to help you obtain fair and full compensation for your damages and losses.
What Every Worker Needs to Know About Construction Accidents in Brooklyn
Under New York law, employees injured on the job have a right to receive workers’ compensation benefits through their employer’s insurance company. However, workers’ compensation benefits are subject to many restrictions.
Workers’ Compensation Benefits in Brooklyn Are Limited
Let’s review the pros and cons of workers’ compensation benefits after a construction accident in Brooklyn:
- Pays for your medical expenses related to your accident;
- Provides a portion of your average weekly lost wages;
- Does not provide full amount of lost wages;
- Does not compensate you for pain and suffering;
- Does not compensate you for loss of enjoyment of life or other damages associated with your injuries.
Workers Can File a Brooklyn Personal Injury Lawsuit and Collect Workers’ Compensation at the Same Time
Even if you are receiving workers’ compensation benefits for your injury in a construction accident, you may still be able to recover additional damages through a personal injury lawsuit under New York Labor Law Sections 200, 240(1), and 241(6). This would give you the best chance of receiving maximum compensation for your work-related injury in Brooklyn.
Filing a Personal Injury Lawsuit After a Brooklyn Construction Accident
Construction companies, contractors, and property owners must comply with the New York Labor Law to provide a safe environment for their workers.
When a construction worker is injured due to violations under Labor Law Sections 200, 240(1), or 241(6), they can recover additional damages from a property owner, contractor, subcontractor, or certain other liable parties whose negligence or carelessness resulted in a construction accident in Brooklyn.
- Labor Law Section 200 requires general contractors and owners to protect the safety and health of construction workers. If you were harmed as a result of a violation of Section 200, you have a right to hold the contractor or owner liable for your injuries.
- Labor Law Section 240(1) – or the so-called “Scaffold Law” protects workers who fall from a height; are struck by falling objects or equipment; or suffer other gravity-related injuries while performing particular jobs. If a property owner or contractor violated Labor Law 240(1), they will be held strictly liable for your injuries.
- Labor Law Section 241(6) requires contractors and worksite owners to provide “reasonable and adequate protection and safety” to workers in all areas where construction, excavation and demolition work are performed. You do not need to prove a contractor or owner’s negligence to sue for a violation of Section 241(6).
When filing a personal injury lawsuit following an on-the-job injury, it is essential to consult with a Brooklyn construction accident lawyer who understands the nuances of New York Labor Law.
Since 2006, Brian J. O’Connor, the founding attorney at The O’Connor Law Firm, has been dedicated to providing the best legal representation to victims of construction accidents in Brooklyn and other boroughs of New York City. Contact us today at 718-948-3500 so that we can begin the process of getting you the compensation you deserve.
Our Brooklyn Construction Accident Lawyer Handles All Types of Construction Injuries
At The O’Connor Law Firm, we handle all types of construction accidents all over Brooklyn and New York City, including injuries caused by violations of Labor Law Sections 200, 240(1), and 241(6).
Section 200 is applicable to the following types of construction accidents:
- Slip or trip and fall accidents
- Scaffolding accidents
- Ladder accidents
- Falling from heights
- Falling objects
- Falls into holes or pits
- Failure to provide safe equipment
- Dangerous chemicals
- lectrocution accidents
- Unsafe worksites
Section 240(1) is applicable to the following accidents:
- Falling from heights
- Objects falling and striking a worker
- Ladder falls
- Scaffold and crane collapses
- Other gravity-related accidents
Section 241(6) is applicable to the following accidents:
- Unsafe scaffolds
- Defective ladders
- Dangerous or defective machinery or equipment
- Failure to provide proper safety equipment
- Trip and slip and fall accidents
- Providing unsafe or defective equipment
- Accidents related to Industrial Code violations
If you or your loved one has been injured in any type of construction accident, contact a Brooklyn construction accident lawyer to hold the responsible owner or contractor liable for your injuries and help you obtain fair compensation.
Compensation Available in a Brooklyn Construction Accident Case
As a construction worker who suffered an on-the-job injury in Brooklyn, you have two ways to seek compensation for your losses and damages:
- Seeking workers’ compensation benefits through your employer’s insurance company; and
- Filing a personal injury lawsuit against responsible parties.
In order to file a personal injury lawsuit, you must prove that a third party (a contractor or job site owner) violated New York Labor Law Sections 200, 240(1), or 241(6) or was negligent and that the violation or negligence was a proximate cause of your injuries.
If you qualify to file a personal injury lawsuit, you can recover economic and non-economic damages. Some of the damages and losses recoverable through a personal injury lawsuit in New York include:
- Medical expenses (past and future)
- Lost wages
- Out-of-pocket expenses
- Diminished earning capacity
- Loss of pension benefits
- Rehabilitation and therapy costs
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
- Loss of consortium
Speak with a skilled construction accident attorney to discuss your particular situation. Our Brooklyn construction accident lawyer at The O’Connor Law Firm will advise you on your best options and handle your case with the personalized attention it deserves.
Additional Brooklyn Construction Accident FAQs
What should I do after a construction accident in Brooklyn?
- Seek medical attention as soon as possible. Getting medical care after a construction accident will help you diagnose your injury, start the treatment, and document that you have a work-related injury. Follow your doctor’s instructions and recommendations.
- Report your injury to your employer. This must be done within 30 days of the date of the accident. If you miss the reporting deadline, you could be barred from receiving workers’ compensation benefits.
- Contact a Brooklyn construction accident lawyer. A knowledgeable lawyer will protect your rights and ensure that you receive the maximum benefits to which you are entitled.
How long do I have to file a personal injury lawsuit after a construction accident?
Under New York CPLR § 214, you have three years from the date of the construction accident to file a personal injury lawsuit. However, if the City of New York, The NYC School Construction Authority, or other public entity are involved in the construction project, your time may be as short as ninety (90) days from the date of your accident to file a notice of claim.
Can my employer blame me for the construction accident?
No, an employer cannot assert a claim that you caused your own accident in a workers’ compensation case. You can seek workers’ compensation benefits for your construction accident injuries regardless of fault.
Can a contractor or owner blame me for my construction accident injuries?
In contrast to a workers’ compensation claim, in a personal injury lawsuit, whether any negligence on your part can be used against you depends on the type of claim you have: as long as there is a violation of Labor Law 240(1) which was a cause of your accident, any negligence on your part cannot be used against you. However, under Labor Law 241(6), a contractor or owner is permitted to assert comparative negligence in limiting the amount of damages they may owe for your injuries.
Can I receive workers’ compensation benefits if I’m an undocumented worker?
Yes, you have a right to seek workers’ compensation benefits after a construction accident, even if you are an undocumented worker. If you worry that reporting your injury would get you fired or deported, contact our construction accident lawyer Brian J. O’Connor to help you.
Can a Brooklyn construction accident attorney help me if I’m an undocumented worker?
Yes, undocumented workers have the same right to bring a personal injury lawsuit for their construction accident injuries as any other worker. Do not let a contractor or your employer tell you differently. If you have questions about filing a personal injury lawsuit as an undocumented worker contact us today at 718-948-3500 to get the help you need.
Contact a Brooklyn Construction Accident Lawyer Today
Schedule a consultation with our reputable and experienced construction accident attorney in Brooklyn. Contact The O’Connor Law Firm to discuss your unique situation. Call 212-566-4868 or 718-948-3500 or fill out this contact form today.