Get Help from Proven Construction Accident Lawyers
If you were injured in a construction accident, Brand Brand Nomberg & Rosenbaum, LLP, experienced Construction Accident Lawyers in New York, can help you win the case and obtain the financial compensation you are entitled to receive. For over 40 years, we have helped construction workers obtain millions of dollars in compensation.
Construction work is one of the most dangerous jobs that often requires a person working from elevated heights. Proper safety devices and equipment is relied upon to keep construction workers safe. Scaffolds are supposed to hold a worker and not collapse. Ladders are supposed to support a construction worker, and not shift or fall. Objects from above are not supposed to land upon a construction worker. Cranes are not supposed to turn over, guards for saws must be provided, walls must be properly shored, and construction debris must be routinely cleaned. We aggressively protect the rights of construction workers and fight to make sure they get the compensation they deserve.
A client of BBNR, an electrician, was required to stand on the very top of an A-frame ladder without anyone holding the ladder for support to get the work completed. When he fell, he landed on construction debris which the defendant was repeatedly asked to clean but ignored. BBNR moved for summary judgment asking the court to find the defendant was at fault as a matter of law, but the lower court denied our motion. We promptly appealed the decision and after argument, the judge’s decision was reversed in our favor. The Appellate court determined that we had proven the defendant was at fault as a matter of law and the lower court was wrong on the law.
In another construction accident case, we already won summary judgment for our client and went to trial for the jury to determine how much compensation to award. The jury awarded $3.2 Million dollars and the defendant appealed, arguing the plaintiff was an undocumented worker and was not entitled to lost earnings. We opposed their arguments and the defendant lost the appeal, the verdict was upheld, and 9% interest was added to the judgment. See more of our million-dollar verdicts and settlements for New York construction accidents.
Understanding the Construction Accident Law is Crucial to Victory
At BBNR, we know the construction accident law, and this is critical to prevailing in the litigation. New York State has designed the law to protect the construction workers who have the least authority and control over the safety of the workplace.
The burden for safety is placed upon the owners of the building and construction mangers because they decide who to hire and fire establishing their control over the work. The owners and their construction managers must prudently hire, and carefully watch over the different contractor companies to make sure they are providing their employees with proper safety devices and equipment to avoid injuries at the worksite.
The New York State Labor Laws, sections 240 and 241(6) require that the owner of the building and construction manager provide proper safety devices to a construction worker, regardless of whether they are directly supervising the work. Proving the violation of these laws is how BBNR helps our clients get the compensation that is needed for an injured construction worker and family members.
Winning a Summary Judgment motion is the Key to Success
The key and most important factor to winning a construction accident case is winning a summary judgment motion against the defendants. We have a long history of aggressively making and winning motions to the court for summary judgment. This legal motion will ask the court to determine as a matter of law that the defendant is responsible for the accident, even before a jury decides the case.
Once we win summary judgment, the only issue remaining for a jury is how much money to award for the person’s pain and suffering, loss of earnings, and medical expenses.
Winning a summary judgment motion puts pressure on the defendants to settle the case. Once summary judgment is awarded to our client, 9 percent interest a year accrues. If a case is worth millions of dollars, 9 percent a year adds a considerable sum, and gives high incentive for the insurance carrier to promptly settle the case.
Sometimes, the individual judge assigned to the case does not have a good understand of the law or facts. If the lower court judge fails to decide in our favor, we will appeal when necessary to try and reverse the decision of the lower court, and we have a proven record of winning these appeals.
Aggressively Obtaining Evidence is How we Prevail
We will demand all the necessary documents from the defendants to win the case early in the litigation and support our motion for summary judgment. These documents include construction contracts, maintenance records, daily work logs, meeting minutes, construction photographs, accident reports, inspection reports, and all other necessary work records.
Oftentimes, defendants try to conceal these documents, or their defense attorneys obstruct, delay, and refuse to provide them. We are experienced at uncovering the truth and obtaining the documents by showing the court why the documents are necessary and available. We promptly make motions asking the court to sanction the defendants if they do not provide us with the documents we are demanding.
Deposition Testimony from the Defendants to Succeed
We will take meticulous deposition testimony of the defendants to gather the needed information that will support our motion and win the case. A deposition is the taking of testimony under oath which is recorded by a court stenographer and memorialized in writing.
The deposition transcripts are attached to the motion papers and summarized to convince the court why our client should win the case as a matter of law. We are highly skilled at taking the deposition testimony of our adversaries.
Securing Eyewitness Testimony Vital to Proving the Case
Co-workers at the site often see things that even the injured construction worker was unaware of, and their testimony can help the case. We will obtain the testimony of all eyewitnesses who saw the accident, or those who can verify the conditions at the time of accident to prove our case.
Not all witnesses want to cooperate, especially if they are still working for the defendant. Oftentimes we must serve a subpoena on a witness who refuses to cooperate to obtain their sworn testimony.
Securing Expert Witnesses to Support Lost Earnings and Injuries
In preparing for trial, we will hire economic experts to review your tax returns and employment wage records to determine your past and future loss of earnings. We will also obtain medical reports from your treating physicians so they may testify at trial about your injuries and disabilities. If an expert is required to address the lack of safety devices, we will find the right expert as well to prove the defendant was at fault.
Your Spouse is Entitled to Compensatory Award
If an injured construction worker was married, then the spouse may also be part of the action since the law recognizes that when one spouse is injured, the other suffers as well. The financial loss to the family and the loss of physical intimacy due to the injuries are compensable damages.
Obtain Workers Compensation benefits quickly
Brand Brand Nomberg & Rosenbaum, LLP will immediately help you to promptly obtain Workers Compensation benefits after a construction accident. You and your spouse can both sue the owner of the building and obtain Workers Compensation benefits.
Our Workers Compensation Department has the experience and skill to help you obtain wage compensation so you can manage your life while healing and the personal injury action is litigated. We will take testimony from your doctors to help make sure your medical treatment is approved by the Workers Compensation Board.
Social Security Disability for Construction Workers
If you are unable to return to work for a year and have the necessary work history credits, you may also be entitled to Social Security Disability Benefits. Our Social Security Disability Department has the necessary experience to help you win your hearing before an Administrative Law Judge to obtain disability benefits.
Time Limitations for Construction Accidents
Strict time limitations exist to commence a lawsuit for a construction accident, and evidence must be gathered quickly to help win the litigation. In New York State, if the defendant is a municipality like the City of New York, you have only 90 days to file a Notice of Claim from the date of accident, and one year and 90 days to file suit. If the defendant is not a municipality, then the time to commence suit is three years from the date of accident.
For Workers Compensation benefits, the injured workers must report the accident to their employer within 30 days of the accident. A Workers Compensation claim must be commenced within two years.
Types of Construction Accidents:
The law requires a ladder to be properly secured to prevent a construction worker from falling. If the ladder collapses or slides which causes a worker to fall, it means the ladder was not properly secured. Oftentimes a worker is asked to climb an extension ladder without anyone supporting the ladder from shifting or moving which results in an accident. If a construction worker falls from a ladder that is not properly secured or placed, you may be entitled to compensation for your injuries.
A scaffold that fails to support a construction worker and causes him to fall from a height warrants the legal assistance from an experienced personal injury construction accident attorney. If you or a family member has fallen off a scaffold while on the job at a construction site, you may be entitled to legal compensation for your injuries. A scaffold should be properly constructed to protect a construction worker from a fall.
If a Crane has fallen or collapsed and caused you to suffer an injury, you should immediately call an Experienced Construction Accident Lawyer to get you the compensation you deserve. Whether you were a construction worker injured on the job, or a person walking by when the accident occurred, we can help protect your legal rights for such accidents for a monetary recovery.
Objects on a construction site must be properly secured to prevent a serious accident and injury. If an object falls from a height while at a construction project causing injury, you may be entitled to monetary compensation.
Table Saw / Hand Saw Accidents
Hand saws and tables saws are dangerous tools that can cause serious injuries. Guards and safety goggles are necessary safety equipment when using these construction tools to protect workers from injuring themselves. If a construction worker was not provided with the necessary safety devices when using this construction equipment, the owner of the property may be responsible for the accident and injuries.
5 Helpful Free Tips from Construction Accident Lawyers
- File a report with the Site Safety Supervisor, your employer, your employer’s insurance company, and the State of New York.
- Obtain the names, addresses, and phone numbers of all witnesses to the accident.
- Obtain photographs of the accident site and your injuries.
- Obtain the names of the owner, general contractor, site safety supervisor, and any subcontractors responsible for the accident.
No risk, call BBNR, experienced New York Construction Accident Lawyers, at 212-808-0448 to help you recover the compensation you deserve. The consultation is free and there is no fee unless we win.
We have offices located in New York City and Westchester, and most everything now is done remotely for the safety of all clients. We litigate cases in New York including, Manhattan, Bronx, Brooklyn, Queens; Long Island including Suffolk and Nassau; and Westchester, Putnam, Ulster, Orange, and Suffolk County.
Read articles in our blog about Construction Accidents
- $3.65 Million Recovery for Injured Construction worker who fell from ladder.
- BBNR wins case on Appeal for Injured Construction worker, reverses Manhattan Judge.
- NYC Construction Accidents Are on the Rise – What You Need to Know.
- BBNR helps maintain legal protections for Injured Construction Workers.