Filing a Claim for a Construction Injury

 In Blog Posts

Construction workers in New York are injured four-folds more likely than other workers in different industries. In fact, nearly a thousand lives are lost each year in New York due to construction site mishaps.

Special Laws In New York For Construction Workers

Construction sites are very dangerous environments as workers often work from heights as well as operate heavy equipment. Due to the dangerous environment involved in construction sites, the state of New York has legislated several laws to protect its workers. One of such laws is the “Scaffold Law” that gives construction workers added protection and greater ease when it comes to claiming benefits for accidents that occurred within worksites.

Further, New York State’s Industrial Code, as well as the Federal OSHA regulations, require companies to provide a safe working environment by implementing safety plans and perform regular on-site inspections.

Types of Claims Available for Construction Workers

Although laws and regulations are in place in many construction sites in Staten Island, there are still hundreds of workers who get killed or get seriously injured. As someone who works in the construction industry, it is your right to know what types of claims are available for you to pursue and they are:

  • Workers Compensation: The workers’ compensation law warrants all construction workers in Staten Island who are harmed on-the-job to monetary benefits no matter their immigration status. It is calculated by a formula to arrive at the highest allowance paid per week to a worker who is either partially or totally disabled or incapable of working for more than a week.
  • Product liability: if the injury is caused by a defective product, then a product liability claim can be filed by the victim.  However, the claim should be able to establish that the product was already dangerous in the first place.
  • Personal injury: If the injury occurred because of a third party’s negligence, then a personal injury claim may be made to cover for the pain and anguish as well as medical expense and loss of earnings, to name a few. However, the claim needs to establish that there was negligence involved that led to the injury.
  • Wrongful death: If the injury brought about the death of a worker, the family of the victim can file for wrongful death to compensate for the expenses of the departed.

The Statute of Limitation for Construction Accidents

The statute of limitation for construction accidents is three years from the date of the injury. Although this may be the case, there are some exceptions to the rule. For example, if the victim is under the legal age (below 18), the statute of limitation does not start until the child supposedly reaches 18 years of age and will expire on his or her 21st birthday.

In the state of New York, the statute of limitation is decreased to 2 years if you sue a public corporation, a municipality or a government agency.  You also need to file a “notice of claim” within 3 months (90 days) of the injury.

Why You Need to Hire A Good Attorney

Making construction injury claims can be downright difficult especially if you don’t know your rights. By hiring a good Staten Island accident lawyer, they will be able to help you with the process so that you can make the appropriate claim and be equitably compensated for your losses.

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