What is Your Legal Recourse To Construction Injury?

Godosky Gentile
4 min readMay 18, 2022

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In case of any construction worker injury, you are entitled to a worker compensation claim and file a civil lawsuit for negligence or product liability.

A construction worker wears a uniform and goes to war every single day. And why not As it is a duty that they perform judiciously, however, despite safety improvements and the enactment of laws, construction is still one of the most dangerous occupations in America. As per the studies, millions of fatal workplace injuries and illnesses happen in a single year. Accident litigations continue to be filed regular basis. Ask any Construction Law Firms in NYC, about the construction cases, you will get a reply “numerous”. Many employees are injured that have to leave the workforce depending on whatever settlement they get from workers’ compensation or personal injury claims.

What constitutes construction accidents?

Construction and workplace accidents are often the result of negligence on the construction site, whether due to improper use, lack of training, or safety equipment. Often property owner also fails to take safety precautions or address safety issues. However, we at Godosky & Gentile as one of the leading Construction Law Firms in NYC, deal with the construction accident cases ensuring the victims get due compensation. If your loved ones are injured due to negligence, or lack of safety measures in the workplace, our lawyers stand by you to ensure your rights are protected. Our attorneys can successfully achieve successful settlements and verdicts for clients in NYC

What is your legal right to a construction claim?

New York offers special protection to workers at elevated job sites. You can exert your right under New York’s Labor Law Section 240 (1) (the “Scaffold Law) and 241 (6). As a construction worker, if you are a victim of any job site accident, you have the right to file a personal injury lawsuit against a contractor or owner, but there are exceptions. If the owners are only one or two family members who contract but do not direct or control the work. To add to it, these statutes are strictly imposed. It means if any worker is found injured on a scaffold or due to a fall from a ladder, do not have to present the evidence of the contractor’s negligence. If the cause of injury is found to be a defective scaffold, it is enough reason to seek compensation. It’s your Construction Law Firm in NYC that can help you seek compensation for the construction claims.

Types of Injuries due to construction Activities

The Occupational Health and Safety Administration pinpointed that more than half of workers’ deaths are the result of the “Fatal Four”. These are the most particular types of injuries;

● Electrocution

● Falls

● Struck by Objects

● Caught in/between.

If adequate precautions are kept in place, there will be no scope for these injuries. You will save more than 545 lives every year. However, only one step to getting a respite is workers’ compensation claims.

Workers Compensation Claims: As these cases occur on the job and that too in the construction sites, these are generally channelized through the worker’s compensation system. For availing of the benefits, the employee should present the evidence of the injury at the workplace and at the company’s time. Other things are immaterial. If the injured worker is able to present the proof, they will receive the benefit.

Death due to negligence of others: In case of the worst scenario, an employee dies while working in construction sire, his or her family member can present such type of suit. Each employee has a right to carry workers’ compensation insurance and it is through this insurance amount that the benefits accruing to the injury claim are paid. You can get a compensation claim for partial or permanent disability or lost wages.

There are many integrities in it, to understand and get a gist of more about the law pertaining to the construction injury or death on the construction site, reach Godosky& Gentile, one of the leading Construction Law Firms in NYC to whom you can seek for a rightful claim in case of an accident. The firm has highly experienced lawyers to whom you can hire and even file a civil suit, and even seek consultation. You can call the office at 212–742–9700, or fill out the online form. Our accident attorneys serve clients all through New York City including other areas of the tri-state region.

Read More: Five Reasons Why You Should Hire a Truck Accident Lawyer?

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Godosky Gentile
Godosky Gentile

Written by Godosky Gentile

Experienced attorney who has achieved many successful results in property owner negligence cases.https://www.godoskygentile.com/

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