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Albany Construction Accident Lawyer
The Albany construction accident lawyer group at Bailey, Johnson & Peck, P.C. is dedicated to representing construction workers, drivers, and innocent bystanders who have suffered a serious injury or experienced the wrongful death of a loved one due to construction accidents. The construction industry is inherently dangerous, and injuries often lead to mounting medical expenses and the need for workers’ compensation benefits in New York. Our Albany construction accident lawyers work tirelessly to ensure every injured construction worker receives the financial compensation they deserve. Whether it’s a scaffolding accident or another type of construction incident, we’re here to help. If you need a scaffolding accident lawyer in Albany, NY, contact our law firm today for a free consultation. Our personal injury attorneys work on a contingency fee basis, so you pay nothing unless we secure compensation on your behalf. Call us at 518-456-0082 to discuss your case.
Types of Construction Accidents Our Albany Construction Injury Attorneys Handle
Every construction site in New York has a list of life-threatening hazards. There’s heavy machinery, sharp objects, and tall structures everywhere, which can be a perfect recipe for disaster. This means that a construction worker could suffer severe injuries or even death from almost any mishap. Listed below are some of the most common types of construction site accidents that our Albany construction accident lawyer and legal team handles regularly.
- Slipping and falling from heights
- Electrical accidents
- Falling objects
- Scaffolding accidents
- Heavy machinery mishaps
- Faulty safety equipment
- Collapsing structures
- Welding accidents
- Lack of safety training on construction sites
- Explosions and fires
- Toxic chemical exposure
- Malfunctions involving cranes, hoists, harnesses, etc.
- Excavation accidents
- Ladder accidents
Lack of Fall Protection
When workers are not provided with proper safety equipment, such as harnesses, guardrails, or safety nets, they are left vulnerable to dangerous falls. Employers and contractors are required to follow safety regulations to protect workers, and failure to do so can make them liable for injuries.
Scaffold Accidents
Strict liability applies to the New York Scaffolding law. So, an injured construction worker doesn’t have to prove that their scaffold accident occurred due to someone else’s negligence. An experienced Albany scaffold accident lawyer at our law firm only needs to prove that the Scaffold Law was violated in order to recover fair compensation on your behalf.
Crane Accidents
Crane accidents can cause devastating injuries due to equipment failures, improper operation, or unsafe work conditions. A crane accident attorney in Albany, New York, can help injured workers or bystanders pursue compensation for serious injuries. Whether the accident occurred on a construction site or another workplace, holding responsible parties accountable is crucial to achieving justice and financial recovery.
Electrocution Accidents
Electrocution accidents on construction sites often result from exposed wiring, faulty equipment, or unsafe work environments, leading to severe injuries or fatalities. An experienced electrocution lawyer in Albany, New York, can help injured workers or their families pursue compensation. If negligence by a contractor, equipment manufacturer, or other party caused the incident, legal action can hold them accountable.
Our construction accident lawyers in Albany, New York, have extensive experience handling claims related to slip-and-fall hazards, construction electrocutions, dropped object injuries, and more. Contact our Albany premises liability attorneys for a free consultation.
Construction Accident Injuries Our Albany Construction Accident Lawyers Commonly Handle
Construction workers are at risk for nearly any type of catastrophic injury due to the nature of their job sites. For example, injured construction workers could suffer:
- Traumatic brain injuries (TBI) and skull fractures
- Neck, back, and spinal cord injuries (SCI)
- Complete or partial paralysis
- Chemical exposure injuries and illnesses
- Broken bones
- Muscle sprains and strains from overexertion and repetitive motions
- Crush injuries
- Amputations
- Skin burns, lacerations, and scarring
- Facial disfigurement and scarring
- Electrocution injuries
- Hearing and vision loss
- Wrongful death
If your loved one died in a construction site accident, contact our Albany wrongful death lawyers for a free case evaluation.
What is the New York Scaffold Law?
Because the construction industry is so dangerous, it’s important to protect construction workers through laws and safety regulations. The state of New York does that. The Scaffold Safety Law (New York State Labor Law § 240/241) holds construction site property owners and employers fully liable for construction accident cases where a worker falls from tall structures without adequate safety equipment. New York is the only state in the U.S. that has a law to protect workers from a construction site accident like this.
The Scaffold Safety Law also provides specific instructions for scaffold use on a construction site.
- Scaffolds taller than 20 feet are required to have safety rails that are at least 34 inches tall.
- This 34-inch-tall railing must cover all sides of the scaffold and the openings should only be large enough to receive the necessary materials.
- Scaffolds must be able to hold 4 times the maximum required weight.
- In order to prevent swaying away from buildings, scaffolds must be properly secured.
If you were injured on a construction site, contact our Albany construction injury lawyer group to see how we can help.
Liability in New York Construction Site Accidents
Construction site accident litigation can be complex because there are so many different parties who could be held liable. Maybe you’re a construction worker who was recently injured, and you truly don’t know who to blame for your accident. That’s why it’s so important to have a top Albany construction accident attorney from our law firm. Our construction site accident lawyers will thoroughly investigate your claim and help you figure out who to sue to recover compensation.
For example, an Albany construction accident lawyer may be able to hold one or more of the following parties at fault in the construction site accident claim:
- Construction site owners
- Engineers
- Maintenance crews
- Architects
- The general contractor
- Defective equipment manufacturers
- Other negligent construction workers
Workers Compensation Benefits for Construction Accidents in New York
New York workers comp benefits are limited. For example, most injured workers only receive compensation for medical bills and lost wages. It’s important to note, though, that the types of benefits available generally depend on how disabled the construction worker is from their accident.
Total Temporary Disability
If you’re completely disabled but only temporarily, you will only receive two-thirds of your average weekly wages. The cap for these wages depends on when your accident happened. You can check the corresponding dates and wage caps on New York’s Workers Compensation Board.
Partial Temporary Disability
If you can still work during your recovery but you can’t fulfill all the job duties that you could do before your accident, you can receive partial temporary disability benefits through workers comp. Most of the time, an injured worker can receive two-thirds the difference between their average weekly income and their current earning capacity.
Permanent Total Disability
If your doctor says that you’re permanently, completely disabled, you’ll receive two-thirds of your average weekly income for the rest of your “working life” through workers compensation benefits.
Permanent Partial Disability
If you’re permanently, partially disabled, you’ll receive one of three types of workers compensation benefits depending on which of your body parts are still functioning. These awards under New York labor laws are: Scheduled Loss-of-Use awards, Nonscheduled Awards, and Disfigurement Awards. An experienced construction accident lawyer can ensure that you receive a just payment depending on your type of permanent partial disability.
New York Workers Compensation for Construction Accident Injuries
Construction accident cases are also complex because of the overlap with workers’ compensation benefits. How does workers’ compensation come into play with construction accidents in Albany, New York?
Is filing a workers’ compensation claim enough to recover damages for construction injuries? Our Albany construction accident attorneys explain below.
Is Workers' Comp Insurance Required in New York?
Yes, all employers in New York must provide workers comp insurance for their employees. Additionally, employers must notify all employees that they carry this insurance.
Can I Sue My Employer for My Construction Accident Injuries in New York?
If your employer has workers comp insurance, you generally can’t sue them for your construction injuries. But if New York construction workers become injured and discover that their employers don’t provide workers comp benefits, then they could sue.
Can You Sue a Third Party for Construction Accidents in New York?
While you generally can’t sue your boss for your construction-related injuries, you certainly can sue a third party especially if they are responsible for your injuries. For example, let’s say an auto accident occurred at your job site and caused your injuries. In a construction accident case like this, you could just file a personal injury lawsuit against the negligent driver instead.
Do I Need to Hire Construction Accident Lawyers if I’m Receiving Workers Comp Benefits?
It’s important to have an experienced legal team on your side even if you’re getting taken care of through a workers comp insurance company. Sometimes, a construction worker may not receive enough money through workers comp benefits. Other times, an employer will put up a fight about filing for workers compensation and make it as difficult as possible for an injured victim to receive the money that they need. The Workers Compensation Board may even try to give you a settlement that’s way too low in response to your injury claim. In situations like this, it’s helpful to have our Albany law firm on your side. A New York construction accident attorney will make sure your rights aren’t violated and that you receive the justice you deserve following your accident.
New York Construction Accident Lawsuit Compensation
Sometimes, workers comp isn’t enough or isn’t available for a construction worker injured on their job site. In situations like this, a lawsuit may be necessary. An Albany construction accident lawyer can help victims recover a variety of damages in construction accident lawsuits, including:
- Past and future medical bills
- Past and future physical therapy bills
- Caregiving expenses, especially if the construction worker is permanently disabled in some way
- Expenses associated with necessary medical equipment such as wheelchairs, prosthetics, walkers, etc.
- Lost wages
- Loss of earning capacity
- Physical pain and suffering
- Emotional anguish
- Loss of enjoyment of daily life
- Loss of consortium
- Funeral and burial expenses, but only for fatal construction accidents
Contact our Albany construction accident lawyers for a free construction injury case evaluation to learn more.
Albany Construction Accident Attorney
Albany construction accident lawyers at our law firm have extensive knowledge of New York labor law. Our personal injury lawyers will carefully investigate your construction injury claim and help you determine the best course of legal action. Our Albany construction injury attorney team knows how important it is to provide reasonable and adequate protection to all those involved in construction work. We want to ensure that all our hardworking construction workers receive fair financial compensation for their injuries. Call an Albany construction accident lawyer at 518-456-0082 for a free consultation.
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Our attorneys have extensive experience in personal injury law, including car accidents, slip-and-fall accidents, catastrophic injuries and wrongful death. If you have questions about insurance coverage and how to get the financial compensation you need, contact us today to see how we can help.
We have represented many clients on both sides of personal injury and insurance disputes. Let us use our depth of knowledge and experience to help you and your family get the medical care and financial compensation you need and deserve.
