White Plains Construction Accident Lawyer
Construction zones in White Plains contain many dangerous elements. When paired with the negligence of a construction company or worker, a construction site can become even more of a risk. If you or a loved one has suffered injuries, contact the White Plains construction accident lawyers at Fiedler Deutsch, LLP for a free consultation. We can help you seek maximum compensation for your losses.
Why Hire Us?
- Our law firm has derived its excellence from 50 years of combined experience and a deep understanding of what each individual client needs to succeed. We know what it takes to win and are not afraid of going to trial on behalf of our clients.
- Our construction accident attorneys believe relationships matter. We put our relationship with our clients first, but also maintain strong relationships with judges and experts in New York.
- Our White Plains injury lawyers have experience with many common types of construction accidents, including falls, equipment accidents, transportation accidents, electrocutions, struck-by object accidents and construction zone accidents involving drivers.
White Plains Construction Accident Resources & FAQs
- Why You Need a White Plains Construction Accident Attorney
- What Are Common Causes of Construction Accidents in White Plains?
- Can You Recover Compensation for a Construction Accident in White Plains?
- Construction Accident Claim Frequently Asked Questions
- What Should I do After a White Plains Construction Accident?
Why You Need a White Plains Construction Accident Attorney
Construction accidents can cause devastating and life-changing injuries, resulting in extensive medical bills, lost income, pain and suffering, and other losses. During the insurance claims process, an insurance company may not offer as much compensation as your injuries are worth. An attorney will help you by evaluating your case’s value and then negotiating with the claims adjuster for an amount that fully covers your injuries and losses. They can take over the claims process for you to ensure you are treated fairly while you focus on healing from your construction accident injuries.
What Are Common Causes of Construction Accidents?
Many types of construction accidents result in injuries, including falls, trench collapses, and incidents involving heavy machinery such as cranes and aerial lifts. However, there are four types of accidents responsible for causing the most construction accident fatalities, known as the “fatal four.” According to the Occupational Safety & Health Administration (OSHA), those are as follows:
- Fall Hazards: Falls were responsible for 36.4% of all construction accident-related fatalities in 2019. Even at minimal heights, falls can cause severe injury or death, which is why safety precautions must be taken. When companies fail to routinely inspect, maintain, or provide safety reinforcements, such as properly installed scaffolding, adequate railing, equipment, or safeguarded machinery, workers are at increased risk of a fall occurring.
- Struck By or Against an Object: Approximately 15% of construction fatalities involved a worker being struck by or against an object in 2019. Due to the use of equipment, heavy machinery, and loose materials on a job site, construction workers are constantly at risk of being hit by a falling object. Jobsite owners or operators are required to provide workers with Personal Protective Equipment (PPE), training in how to use equipment and heavy machinery safely, and warn workers of areas with a higher chance of a struck-by accident occurring.
- Electrocution Accidents: A little over 7% of worker fatalities were caused by electrocution accidents in 2019. Workers often come into contact with live wires when a construction site is not correctly planned, is not inspected for safety, there is a failure to temporarily shut off or divert power, or due to a lack of electrical and safety training.
- Caught in Between: “Caught in between” accidents accounted for 5.4% of worker fatalities in 2019. These fatal accidents occur when a worker gets wedged between two objects—for instance, a semi-trailer and a dock wall, a truck frame, and its hydraulic bed, when a trench collapses, etc.
Can You Recover Compensation for a Construction Accident in White Plains?
You have rights as the injured victim of a construction accident in White Plains, New York. New York’s workers’ compensation system says that you are eligible for financial benefits even without proving anyone’s negligence. A successful workers’ comp claim could reimburse you for 100 percent of your medical bills and about 67 percent of your lost wages. A successful personal injury claim, on the other hand, could reimburse you for 100 percent of your lost wages, as well as additional compensation for your pain and suffering. If you file an injury claim, however, you will need to prove negligence or fault to recover.
It is important to speak to a White Plains accident attorney about your construction site accident and legal options. If your attorney believes somebody’s negligence caused your construction accident, you may have grounds to file a personal injury lawsuit instead of, or in addition to, a workers’ compensation claim. You could have grounds to file both if it is not your employer who caused your injury. A lawyer from Fiedler Deutsch, LLP will provide an exhaustive list of all of your recovery options. Then, you and your lawyer will be able to choose the ideal path for your claim.
White Plains Construction Accident Claim FAQs
Q: Who is liable in a White Plains construction site accident?
A: Liability for a construction accident will depend on the circumstances of the case. In many situations, the owner of the construction site and the general contractor will be responsible for an accident that happens at one of its worksites. You may be able to hold them responsible for failing to provide a safe place to work, failing to provide proper safety equipment, or improperly training its workers.
Q: How do you prove a third-party is liable?
A: In a third-party liability claim, the burden of proof falls on the injured worker. They must establish that the negligence of another party was responsible for their injury. That involves demonstrating the following four elements of negligence:
- Duty of Care: A duty of care must have existed between you and the defendant (at-fault party). For instance, general contractors owe a duty to workers to ensure construction sites are reasonably safe and warn of potential hazards.
- Breach of Duty of Care: The defendant breached their duty of care by failing to provide the reasonable care expected of them and prevent foreseeable harm. In other words, they did not behave how another reasonable person would have in the same situation— for example, failing to warn workers of a known pit in the middle of a worksite.
- Causation: The defendant’s violation of their duty of care directly resulted in your harm. In other words, you would not have been injured if not for the defendant’s breach of care. For example, had the general contractor warned you of the pit in the middle of the work site, you would not have fallen in it.
- Damages: To have a case for compensation, you must have suffered losses such as medical bills, lost income, pain and suffering, emotional distress, etc.
Q: What kinds of injuries can you obtain in a construction site accident?
A: Construction sites can be a minefield for injuries if great precaution is not taken. Victims of construction site injuries get hurt for a variety of different reasons. Some common injuries include:
- Slip and fall injuries
- Machinery injuries
- White Plains truck accident injuries
- Spinal cord injuries
- Crane accident injuries
- Jobsite amputation injuries
- Forklift injuries
- Lack of protective equipment injuries
Q: What is the statute of limitations on construction accidents?
A: You have no more than three years from the date of your construction accident to file a personal injury claim in the state of New York. This is New York’s statute of limitations on all personal injury lawsuits, with a few exceptions.
Q: What White Plains construction accident damages are available?
A: You can file a claim against the negligent party for damages associated with your:
- Lost Wages: Total lost wages and benefits (workers’ compensation only covers a small portion)
- Loss of Future Income and Diminished Earning Capacity: For any income. you will lose in the future and the difference in the income you can earn now compared to before the accident
- Medical Costs: Current and future medical expenses related to the injury, including hospital stays, surgeries, doctor’s appointments, physical rehabilitation, prescription medications, home modifications for disability, etc.
- Disabilities: If you suffered permanent physical impairments that impact your daily life.
- Physical and Emotional Pain and Suffering: Compensation for the physical pain and suffering you have endured and any emotional distress (e.g., depression, anxiety, insomnia, PTSD, etc.) caused by the accident.
- Loss of enjoyment of life: If you are no longer able to enjoy activities you were able to do before the accident.
- Property damage: compensation for the repairs or replacement of any personal property that was damaged, such as your cell phone, tools, or clothing.
- Out-of-pocket Expenses: Any expenses related to the accident that you paid out-of-pocket for, such as transportation to doctor appointments or home modifications for disability.
- Loss of consortium: A spouse or family members can recover compensation if the injury victim cannot provide the same love, affection, companionship, comfort, society, or sexual relations that they were able to before the accident.
- Punitive Damages: Only available in cases involving a defendant who was extremely reckless.
- Wrongful Death: When a construction accident victim is killed, their surviving family members can pursue a White Plains wrongful death claim to recover funeral expenses, loss of expected income, and other types of compensation.
- And more.
Our attorneys can help you calculate your damages.
What Should I do After a White Plains Construction Accident?
A: After a construction accident, immediately report the injury to your employer and seek medical attention right away. Seeing a doctor as soon as possible is critical to your health. It will also protect your right to pursue workers’ compensation benefits and perhaps additional compensation in a third party claim. To protect your rights, also take the following steps:
- Write down the names and contact information of co-workers or anyone else who witnessed the accident.
- Keep copies of all reports and paperwork related to the accident, including the accident report given to your employer, medical bills, lost income, receipts for any accident-related expenses, etc.
- Keep track of your medical treatments, appointments, providers, and follow your advised treatment plan.
- Write down your daily symptoms in a journal and how your injury limits your activities.
- Contact an attorney as soon as possible. Many will evaluate your case for free and can advise you on your workers’ compensation claim and whether a third party may be liable.
Even if you only end up filing a workers’ compensation claim, it is not always a smooth process. Insurance companies commonly deny valid claims. Hiring a lawyer for guidance and representation will ensure your rights are protected and you are treated fairly.
Contact a White Plains Construction Accident Attorney Today
Out of everything you do following an injury in a construction accident, make hiring a lawyer a priority. The sooner you hire a legal representative, the better. An attorney will help you file claims paperwork by New York’s strict deadline to ensure a valid claim. A Westchester County personal injury lawyer will also explain your rights and legal options. While you concentrate on healing from your personal injuries, your lawyer from Fiedler Deutsch, LLP can work hard to obtain maximum compensation on your behalf from an employer or another party. Start your claim with a free consultation at our local White Plains office. Call (914) 993-0393 or contact us online anytime.