K L Sanchez Law Office

Should I Hire a Construction Accident Attorney?

Posted on April 5, 2024

Facebook
Twitter
LinkedIn

Construction accidents can have devastating consequences, leaving victims with severe injuries, financial hardships, and emotional distress. The physical demands and inherent risks of construction work mean that even a single misstep or act of negligence can lead to life-altering outcomes. From mounting medical expenses to the inability to return to work, injured individuals often face difficult challenges as they try to rebuild their lives. In these situations, having strong legal representation is essential to protecting your rights and pursuing the compensation you deserve.

Working with a skilled Queens construction accident attorney can make a significant difference in your case. At K L Sanchez Law Office, P.C., our team is committed to helping injured workers and others affected by construction accidents file claims and hold negligent parties accountable. We understand the unique challenges involved in construction accident cases and work diligently to represent your interests, fighting for the maximum compensation possible. Our Queens construction accident attorneys at K L Sanchez Law Office, P.C. can provide the quality guidance and advocacy you need to move forward after your accident.

Contact K L Sanchez Law Office, P.C. today at (646) 701-7990 to schedule a free consultation. Learn about your legal options, and take the first step toward securing the compensation you deserve.

What Does a Construction Accident Attorney Do?

Construction accident cases often involve unique challenges, including the need to determine liability, comply with New York laws, and pursue fair compensation. A construction accident attorney represents individuals who have been injured in construction site incidents by helping them seek compensation for their injuries and losses. Their responsibilities include:

  • Investigating the Accident: Attorneys gather evidence, such as photographs, witness statements, and site reports, to understand the circumstances of the incident.
  • Determining Liability: They identify all parties that may be responsible, such as contractors, property owners, equipment manufacturers, or third parties.
  • Filing Legal Claims: Attorneys prepare and file claims for workers’ compensation, personal injury lawsuits, or third-party claims, depending on the situation.
  • Negotiating Settlements: They work with insurance companies and opposing parties to reach a fair settlement on behalf of the injured party.
  • Litigating When Necessary: If a fair settlement cannot be reached, construction accident attorneys represent their clients in court.
Responsibility Description
Investigating the Accident Gathering evidence such as photographs, witness statements, and site reports to understand the incident.
Determining Liability Identifying responsible parties, including contractors, property owners, equipment manufacturers, or third parties.
Filing Legal Claims Preparing and filing claims for workers’ compensation, personal injury lawsuits, or third-party claims.
Negotiating Settlements Working with insurance companies and opposing parties to secure a fair settlement.
Litigating When Necessary Representing clients in court if a fair settlement cannot be reached.

Legal representation is particularly important in construction accident cases due to the nature of the work and the laws that apply in New York. Construction sites in New York City are inherently hazardous due to the nature of the work involved. Workers frequently operate at significant heights, handle heavy machinery, and navigate through congested areas, all of which elevate the risk of accidents.

Despite stringent safety regulations, accidents such as falls from scaffolding, being struck by falling objects, and equipment malfunctions are prevalent. In the event of a construction accident, securing legal representation is crucial. 

Hiring an attorney who focuses on construction accident cases helps injured individuals pursue fair compensation in situations where:

  • Liability Is Complex: Construction accidents often involve multiple employers, subcontractors, and property owners. Determining who is at fault requires careful analysis of contracts, safety protocols, and site conditions.
  • Insurance Companies Offer Low Settlements: Insurers may attempt to minimize payouts to protect their bottom line. An attorney advocates for fair compensation that reflects the true extent of your injuries and losses.
  • Legal Protections Are Overlooked: In Queens, labor laws such as New York’s Scaffold Law (§240) and other workplace safety statutes can impact the outcome of a case. Attorneys understand how to apply these laws to strengthen claims.

An attorney can also help identify liable parties, which may include property owners, contractors, or equipment manufacturers, and advise on how New York’s labor laws can factor into the case to pursue appropriate compensation for medical expenses, lost wages, and other damages. Additionally, legal counsel can ensure that all claims are filed within the required timeframes and that the injured worker’s rights are fully protected throughout the process.

queens construction accident attorney keetick sanchez

Are There Any Drawbacks to Hiring a Queens Construction Accident Attorney?

While hiring an attorney can be invaluable after a construction accident, there are a few considerations to keep in mind:

  • Legal Fees: Most construction accident attorneys work on a contingency fee basis, meaning you only pay if you win. However, it’s important to consider the percentage they will take from your settlement or award. Doing careful research and communicating with your attorney regarding fee structures can significantly alleviate any concerns regarding the cost of hiring a skilled construction accident attorney.
  • Time Involvement: Legal cases can take time to resolve, and while attorneys handle much of the process, you may still need to participate in depositions or provide additional information.
  • Not All Attorneys Are a Good Fit: Choosing an attorney who is experienced in Queens construction accident laws is crucial. A lawyer who does not regularly handle these cases may not be as familiar with local regulations or the nuances of labor and personal injury laws in New York.

While there are perceived drawbacks to hiring a Queens construction accident lawyer, the benefits typically outweigh these concerns. K L Sanchez Law Office offers free consultations, allowing clients to evaluate their cases without financial obligation. Contact us today to arrange a consultation.

Why Are Construction Sites So Dangerous?

Construction sites are places where there is a flurry of activity with a lot of workers, machinery, tools, and equipment, all sharing a limited amount of space. There is a constant injury potential for falls and being hit by dangerous objects. While construction accidents in NYC can occur for a variety of reasons, many are preventable with proper safety measures. Some of the most common causes include:

  • Falls from Heights: Falls are one of the leading causes of injuries and deaths on construction sites, often resulting from inadequate fall protection, faulty scaffolding, or unsecured ladders.
  • Struck by Falling Objects: Tools, construction materials, or debris falling from above can cause severe head injuries or fatalities.
  • Electrocutions: Contact with live electrical wires, power lines, or improperly grounded equipment poses significant risks to workers.
  • Caught-In/Between Accidents: Workers may be caught in or crushed by heavy machinery, collapsing structures, or unguarded equipment.
  • Slip and Falls: Poorly maintained walkways, spills, and weather-related hazards contribute to slip-and-fall accidents on job sites.

Construction companies are required to abide by New York’s labor laws and OSHA regulations to minimize these risks. However, violations of these safety standards often contribute to accidents.

Worker Rights in Queens Construction Accidents

Queens construction workers are protected by both federal and state laws that aim to provide a safe work environment and offer remedies in the event of an accident. Key rights include:

  • Workers’ Compensation: Injured workers are entitled to file for workers’ compensation benefits, which cover medical expenses and lost wages regardless of who was at fault.
  • Protection Under New York Labor Laws: Laws such as the Scaffold Law (§240) and Labor Law §241 provide additional safeguards for construction workers. These laws hold property owners and contractors accountable for ensuring proper safety measures are in place.
  • Right to File a Third-Party Claim: In certain cases, injured workers can file a personal injury lawsuit against third parties, such as equipment manufacturers or subcontractors, if their negligence contributed to the accident.

Understanding these rights is critical for workers to recover the compensation they deserve after an accident.

Injuries While on the Job at a Construction Site in NYC

Construction site injuries vary in severity, but they often have life-changing consequences for workers and their families. Some of the most common injuries include:

  • Traumatic Brain Injuries (TBIs): These can occur from falls, being struck by objects, or other severe impacts and may lead to long-term cognitive and physical impairments.
  • Spinal Cord Injuries: Falls or being crushed by heavy equipment can cause partial or complete paralysis, significantly affecting mobility and quality of life.
  • Fractures and Broken Bones: Construction workers are frequently at risk of fractures due to falls, machinery accidents, or falling debris.
  • Burns and Electrocution Injuries: Contact with electrical wires or exposure to hazardous materials can result in severe burns or electrocution injuries.
  • Amputations: Accidents involving heavy machinery or equipment malfunctions can result in the loss of limbs, leading to permanent disability.

These injuries often require extensive medical treatment, rehabilitation, and time away from work. In Queens, injured workers have legal options to pursue compensation for these losses, whether through workers’ compensation or additional claims against negligent parties.

At K L Sanchez Law Office, attorney Keetick L Sanchez and our team of Queens construction accident lawyers understand how important it is for a victim to receive the compensation they deserve. We may be able to help you seek compensation if you’ve been a victim of a construction accident. Contact us today at (646) 701-7990 to speak with an experienced construction accident attorney.

What If You Were Injured as a Non-Worker on a Construction Site in Queens?

Non-workers, such as pedestrians or bystanders, are also at risk of injury near construction sites. Common causes of non-worker injuries include falling debris, unsecured equipment, or accidents involving construction vehicles.

If you were injured as a non-worker on or near a construction site in Queens, you may have legal options, such as filing a personal injury claim against the responsible parties. Property owners, contractors, or subcontractors who fail to maintain a safe environment or follow proper safety protocols may be held liable for your injuries.

To pursue compensation, it is important to demonstrate that negligence played a role in the accident, whether through unsafe site conditions, lack of warning signs, or improper equipment storage. Compensation may cover medical expenses, lost income, and pain and suffering.

Construction sites are intended to be secure and safe environments, not just for workers but also for the general public. When accidents happen, victims—whether workers or non-workers—have legal protections available under Queens and New York State laws.

Signs That You Should Hire a Construction Accident Attorney

Construction accidents can leave victims with serious injuries, mounting medical bills, and uncertainty about their legal options. While some situations may seem straightforward, there are key signs that indicate when legal representation may be beneficial. 

When Your Injury is Severe or Life-Altering

Severe injuries often require extensive medical treatment, rehabilitation, and adjustments to daily life. These injuries may include traumatic brain injuries, spinal cord damage, amputations, or other permanent disabilities.

In such cases, determining the full extent of your damages is critical. This includes not only current medical expenses but also the cost of future treatment, lost earning capacity, and non-economic damages like pain and suffering. Without legal representation, it can be challenging to calculate and pursue the compensation you deserve for long-term impacts.

If Your Workers’ Compensation Claim is Denied

Workers’ compensation is supposed to provide financial support for injured workers, but claims are sometimes denied for reasons that may seem unfair. Common reasons for denial include:

  • Allegations that the injury was not work-related.
  • Claims that the injury resulted from your own negligence or misconduct.
  • Disputes over the severity of the injury or the need for medical treatment.

If your workers’ compensation claim is denied, an attorney can help you appeal the decision, gather necessary evidence, and fight for the benefits you are entitled to under New York law.

When Liability is Unclear or Involves Multiple Parties

Construction accidents often involve multiple parties, such as property owners, contractors, subcontractors, equipment manufacturers, and third-party vendors. Determining who is responsible for your injuries can be complicated, especially when each party tries to shift blame.

For example, a scaffolding accident might involve improper installation by a contractor, poor maintenance by the property owner, or defective materials provided by a supplier. In such cases, an attorney can investigate the incident, identify all liable parties, and pursue compensation from each of them as appropriate.

If You Are Unsure About the Value of Your Claim

Calculating the value of a construction accident claim involves more than adding up medical bills. It requires assessing all the ways the injury has impacted your life, including:

  • Lost wages and diminished earning capacity.
  • Non-economic damages, such as pain, suffering, and emotional distress.
  • Future medical expenses, including surgeries, physical therapy, and long-term care.

Insurance companies often undervalue claims to minimize payouts. If you are unsure whether a settlement offer is fair or if you deserve additional compensation, an attorney can review your case and advocate for a more accurate valuation of your losses.

Hiring an attorney is not always necessary after every construction accident, but in these specific scenarios, legal representation can be critical to protecting your rights and securing the compensation you need to recover.

What Are the Bases for a Construction Accident Lawsuit?

Construction accident lawsuits in Queens are typically based on legal principles that assign responsibility to negligent parties. These cases often involve proving that someone failed to meet their legal obligations, leading to the accident and resulting injuries. Here are the specific factors that need to be established when it comes to construction accidents in Queens:

Negligence

Negligence occurs when a party fails to act with reasonable care, resulting in harm to another person. In a construction accident case, the injured party must show that the defendant’s careless actions—or failure to act—caused the accident.

To establish negligence, four elements must be proven:

  • Duty of Care: The defendant had a legal obligation to act in a way that protects others from harm. For example, a contractor might be responsible for providing proper safety equipment or training.
  • Breach of Duty: The defendant failed to meet this obligation. This could include ignoring safety regulations, using defective equipment, or failing to maintain a safe worksite.
  • Causation: The breach of duty directly caused the accident. For instance, improperly installed scaffolding collapsing and injuring a worker demonstrates causation.
  • Damages: The injured party suffered losses, such as medical expenses, lost wages, or pain and suffering, as a result of the accident.

Negligence lawsuits can involve multiple parties, including contractors, subcontractors, or equipment manufacturers, depending on who contributed to the unsafe conditions.

Premises Liability

Premises liability applies when unsafe conditions on a property result in harm. In construction accident cases, property owners or those in control of a site can be held liable if they fail to address hazardous conditions.

To succeed in a premises liability claim, the injured party must demonstrate that:

  • The property owner or manager was aware of—or should have been aware of—dangerous conditions on the site.
  • They failed to address or adequately warn others about the hazards.
  • This failure led to the accident and resulting injuries.

For example, if a visitor to a construction site is injured due to exposed electrical wiring or unmarked hazards, the property owner may be held accountable under premises liability law. New York’s labor laws, particularly Labor Law § 200, § 240, and § 241, often intersect with premises liability claims to provide additional protections for workers and non-workers injured on construction sites in Queens.

In addition to negligence and premises liability, other legal theories may apply depending on the circumstances of the accident:

  • Product Liability: If defective equipment, tools, or machinery contributed to the accident, the manufacturer or distributor of the product may be held liable. For example, if a crane malfunctions due to a design flaw, injured workers may have grounds for a product liability claim.
  • Violation of Labor Laws: New York’s labor laws provide specific protections for construction workers. For example, the Scaffold Law (§ 240) holds property owners and contractors accountable for providing adequate fall protection.

Each construction accident is unique, and determining the legal theory that applies requires analyzing the facts of the case. Pursuing compensation depends on identifying the responsible parties and demonstrating how their actions—or inactions—led to the accident and resulting damages.

The Cost of Hiring a Construction Accident Attorney

The financial burden of a construction accident can be overwhelming, and many injured workers may hesitate to seek legal representation due to concerns about cost. However, most construction accident attorneys offer flexible payment arrangements that allow victims to access legal help without upfront expenses. 

How Contingency Fee Arrangements Work

Most construction accident attorneys work on a contingency fee basis, meaning their payment depends on the outcome of your case.

  • No Upfront Costs: You do not have to pay any fees when hiring an attorney. They will only receive payment if they successfully recover compensation for you through a settlement or court judgment.
  • Percentage of Recovery: The attorney’s fee is typically a percentage of the amount recovered, which is agreed upon before they take on your case. This ensures that their interests are aligned with yours, as they are motivated to maximize your compensation.

This arrangement allows injured workers in Queens to pursue legal action, even if they cannot afford to pay for representation out of pocket.

Many accident victims worry that hiring an attorney will be too expensive, but the cost of not seeking legal help can be far greater. Without an attorney, you may:

  • Accept a settlement offer that does not fully cover your medical bills, lost wages, and other damages.
  • Miss out on compensation from additional liable parties, such as third-party contractors or equipment manufacturers.
  • Encounter challenges during the claims process that could delay or reduce your recovery.

Hiring an attorney can significantly improve your chances of receiving fair compensation, which can ease the financial strain caused by your injuries. The contingency fee model allows you to access these benefits without financial risk.

While attorneys working on a contingency fee basis do not charge upfront fees, there are additional costs associated with handling your case. These may include:

  • Court Filing Fees: Costs associated with filing your lawsuit or other legal documents.
  • Expert Witness Fees: Payment for experts to provide testimony or analysis to support your claim.
  • Investigation Expenses: Costs for gathering evidence, such as accident reconstruction or obtaining medical records.

In most cases, these expenses and how they are paid can be negotiated and discussed with your attorney. Before hiring an attorney, you will receive a clear explanation of how fees and expenses will be handled, so there are no surprises later on.

The contingency fee arrangement and transparent handling of expenses make it possible for injured workers in Queens to seek justice, regardless of their financial situation. Cost should never prevent you from protecting your rights and pursuing the compensation you deserve after a construction accident.

How K L Sanchez Law Office, P.C. Can Support Your Recovery

Recovering from a construction accident can be overwhelming, both physically and financially. Having a knowledgeable Queens construction accident attorney on your side can make a meaningful difference in how you approach this difficult time. An attorney can help you pursue the compensation you need to cover medical bills, lost wages, and other damages while protecting your rights throughout the legal process.

At K L Sanchez Law Office, P.C., our team is committed to representing injured construction workers and others affected by these accidents. We can assist you in filing a claim, gathering evidence, and fighting for the maximum compensation you are entitled to under the law. Let us represent and fight your rights so you can focus on recovering, knowing that your case is in capable hands.

If you or a loved one has been injured in a construction accident, don’t wait to seek legal assistance. Contact K L Sanchez Law Office, P.C. today at (646) 701-7990 to schedule a consultation and take the first step toward securing the justice and financial recovery you deserve.

Schedule a Free Consultation

(Consulta Gratis)