Legal Recourse for Construction Accident Victims in Queens: 4 Things You Should Know

On Behalf of Mallilo & Grossman Attorneys at Law | Aug 29, 2024 | Personal Injury |

Construction sites are inherently hazardous environments, and despite safety measures, accidents can and do happen. Here are four tips from a construction accident lawyer in Queens, NY, on important things to know if you or a loved one has been involved in a construction accident.

1. Workers’ Compensation May Not Be Your Only Option

If you’re injured on the job, your first thought might be to file a workers’ compensation claim. Workers’ compensation is designed to cover medical expenses and a portion of lost wages for injured workers, regardless of who was at fault. However, be aware that it may not cover all your needs, especially in cases of severe injuries. In many instances, workers’ compensation benefits are limited and do not provide compensation for pain and suffering or the full extent of lost wages.

If a third party, such as a subcontractor, equipment manufacturer, or property owner, was partially responsible for the accident, a third-party liability claim may be an option open to you. A third-party liability claim can provide additional compensation to cover non-economic damages like pain and suffering, which are not available through workers’ compensation.

2. New York’s Labor Laws Offer Additional Protections

New York has specific labor laws that offer extra protection to construction workers. Sections 240 and 241 of the New York Labor Law, often referred to as the “Scaffold Law,” are particularly relevant in construction accident cases. These laws are designed to hold those in charge of construction sites accountable for maintaining safe working conditions.

The law outlined in Section 240 requires contractors, property owners, and their agents to provide proper safety devices (like scaffolding, harnesses, and ladders) to protect workers from height-related risks. Section 241 outlines specific safety requirements for construction, excavation, and demolition sites, mandating that all construction areas have adequate safeguards to protect workers from hazards. If you were injured in part due to violations of these safety rules, you may be able to claim compensation based on these laws.

3. Time Is of the Essence in Filing a Claim

Be aware that there are strict deadlines, known as statutes of limitations, for filing legal claims related to construction accidents. In New York, the statute of limitations for filing a personal injury lawsuit is, in general, three years from when the accident occurred. However, if your claim involves a government entity, such as a city or state agency, the timeframe is much shorter.

4. The Importance of Documenting Your Case

The more clear evidence you have, the stronger your claim will be, so keep thorough records of everything related to the accident. Start by reporting the accident to your employer immediately and seek medical attention, even if your injuries seem minor at first. Keep medical reports and bills, photographs of the accident scene and injuries, witness statements, and any correspondence with your employer and insurance companies.

If you’ve been injured in a construction accident in Queens, contact Mallilo & Grossman Attorneys at Law today. Our experienced team here in Queens, NY, is ready to help you understand the legal process and secure your rights under the law.

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