NEW YORK CONSTRUCTION ACCIDENT LAWYERS
For over 40 years, Brand Brand Nomberg & Rosenbaum, LLP has helped construction workers obtain millions of dollars in compensation. If you were injured in a construction accident, call BBNR, experienced Construction Accident Lawyers in New York. We have a proven track record and reputation of winning against the largest defense firms and their insurance companies.
We Help Construction Workers Obtain Multi-Million Dollar Awards
A client of BBNR, an electrician, was required to stand on the very top of an A-frame ladder to install ceiling lights because the floor was covered with debris that prevented using the proper size ladder. No one was provided to help stabilize the ladder while he stood on the top step. The electrician lost his balance and fell onto the construction debris which the defendant owner of the property 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 improperly denied our motion. We knew the judge was wrong and promptly appealed the decision.
After we argued the decision before four judges, we received a favorable decision showing we had won the appeal. The lower court committed error of law and the judge’s decision was reversed.
The Appellate court determined that we had properly proven the defendant was at fault as a matter of law and the lower court was wrong in denying our relief. After we won this decision, the defendants shortly afterwards settled the case for $3.6 Million dollars.
In another construction accident case, we won summary judgment for our client but the defendant would not agree to settle for anything more than a few hundred thousand dollars, so we went to trial. The jury came back with a $3.2 Million dollar verdict.
The defendant attempted to appeal by arguing the plaintiff as an undocumented worker was not entitled to recover his lost earnings. We opposed their appeal and the verdict was upheld, along with 9% interest added to the award. See more of our million-dollar verdicts and settlements for New York construction accidents.
Construction Workers Must Be Given Proper Safety Devices
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.
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.
At BBNR, we aggressively protect the rights of construction workers and fight to make sure they get the compensation they deserve. Construction work is one of the most dangerous jobs and often requires a person work from an elevated height. 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. Objects from above are not supposed to land upon a construction worker. Cranes are not supposed to fall. Safety guards for saws must be provided. Walls must be properly shored, and construction debris must be routinely cleaned.
5 Types of Common Construction Accidents
The law requires a ladder to be properly secured to prevent a construction worker from falling. Leading ladders can collapse if not properly secured at the base and top. A-frame ladders that are not tall enough and require a construction worker to use the top step is unsafe. Ladders should have devices on the feet to secure them to the surface, and a person holding the ladder in case the ladder or worker slips. If the ladder collapses or slides which causes a worker to fall, it generally 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. The employer of a construction worker should be concerned more about the safety of a worker than the speed a project is performed. Whenever 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 experienced Construction Accident Lawyers. Safety belts and lines must be provided to workers if they are at risk of falling from a height while working. If a platform collapses, there is generally no excuse other than negligence, the failure to provide proper safety equipment, and the failure to provide a safe working environment.
A scaffold should be properly constructed to protect a construction worker from a fall. 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.
Cranes are designed to hold a certain weight of material, and must be operated with concern about who is standing underneath. Materials must be properly secured using proper hooks and straps before beginning to lift.
A Crane must also be secured when not being used and if heavy winds are expected, a crane should not be left so it can be a hazard to pedestrians or construction workers. If a Crane has fallen or collapsed and caused you to suffer an injury, you should immediately call experienced Construction Accident Lawyers 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. Many construction workers each year are struck by falling objects that can cause serious head injuries, even while wearing a construction hard hat. Even a small object that falls from a height can cause permanent and deadly injuries to someone who is working below. If an object falls from a height while at a construction project causing injury, you should call and we will help you get the compensation you are entitled for your injuries.
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. At a construction site, the safety guards are often already removed off the machine to help the work get done quickly at the expense of the workers safety. Many construction workers using a table law have lost fingers, or had pieces of debris kicked back to them without safety goggles to protect them.
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.
Why a Construction Accident Case Needs to be Won with the Judge First?
The most important step for a construction accident case is winning a summary judgment motion against the defendants. This is a legal motion asking the court to issue an order finding the defendant is responsible for the accident even before a jury decides the case. We rely upon the deposition testimony and evidence obtained during the litigation to support our legal arguments. 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.
We have a long history of winning these motions and once summary judgment is awarded to our client, 9 percent interest a year accrues on the future jury award. Winning a summary judgment motion puts pressure on the defendants to settle the case. If the jury award is several million dollars, 9 percent a year adds a considerable sum, and gives the insurance carrier strong incentive to promptly settle the case.
If the lower court judge fails to decide in our favor, we will appeal when necessary to reverse the decision of the lower court. We handle all our own appeals, which involves drafting legal briefs, filing the original motion papers, and orally arguing the case before 3 to 5 judges. We have a long proven history of succeeding in these appeals, and our wins have become permanent judicial precedents.
What Evidence is Needed to Win a Construction Accident Case?
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.
A deposition is the taking of testimony under oath which is recorded by a court stenographer and memorialized in writing. We will ask questions of the defendants, including the foreman and Site Safety Supervisors to help prove our case with their responses. We are experienced in asking the right questions to gather the information needed to win our case. The deposition transcripts will be exhibits to our motion papers and the testimony summarized for the court to convince the judge why we should win as a matter of law.
Co-workers at the site often have information that can help the case. We will obtain the testimony of all eyewitnesses who saw the accident, and those who can verify the unsafe 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. Under those circumstances, we will serve a judicial subpoena on the witness to compel their testimony.
Why are Expert Witnesses Needed?
Lost earnings is a substantial part of any construction accident case. The loss of past and future earnings is a loss that can be definitively quantified. 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. The loss of union benefits, including health insurance is also an item of damage that will be calculated by an expert.
Medical experts are needed to prove what the injuries are and that they were caused by the accident. A doctor is also needed to testify about whether the injuries are permanent and prevent a person from returning to work. Without a doctor testifying at trial, a jury will not be permitted to consider the injuries or lost earnings. We will obtain medical reports from your treating physicians which is necessary so they may testify at trial about your injuries and disabilities.
It is easy to understand that a ladder should not collapse. However, sometimes a construction expert is needed to help a judge or jury understand why a safety device was necessary and why it failed. These experts can be engineer’s, safety experts, or construction managers who understand what safety devices are needed at a construction site. When necessary we will find a qualified and reputable expert to help prove our case.
Can my Spouse be Compensated for their Loss?
If an injured construction worker was married, then your spouse may be named as a plaintiff in the action. The law recognizes that when one spouse is injured, the other suffers as well. The financial loss to the family from the inability of the injured spouse to work and help around the house is a compensable injury. Further, the loss of physical intimacy due to the injuries are also compensable damages. If a construction worker is injured in a manner that prevents or limits sexual activity, then the awards can be substantial.
Can I Have both a Workers Compensation Claim and a Personal Injury Lawsuit?
A worker may be entitled to have a workers compensation claim and a personal injury lawsuit. Brand Brand Nomberg & Rosenbaum, LLP litigates both of these actions and we will immediately help you to promptly obtain Workers Compensation benefits after a construction accident. In addition, we will commence a lawsuit against the owner of the building and other defendants if the defendants failed to provide proper safety devices for the construction worker. Our Workers Compensation Department has the experience and skill to help secure wage compensation payments to manage your life while treating. We will take testimony from your doctors to help make sure your medical treatments are approved by the Workers Compensation Board.
Will I be Able to Collect both Workers Compensation and Social Security Disability Benefits?
Oftentimes, a construction worker injured on the job suffers a medical disability that prevents them from returning to work. If you are unable to return to work for a year and have the necessary work history credits, a construction worker may also be entitled to Social Security Disability Benefits. At BBNR, we also have our own Social Security Disability Department that will help you obtain Social Security Disability benefits. We have the necessary experience to help you win your hearing before an Administrative Law Judge. Certain injuries may automatically meet the requirements and we will send the Administrative Law Judge the medical records necessary to help you obtain an award.
What are the Important 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.
Our Success Stories
$3,600,000 million settlement for a construction accident involving an electrician who fell off a 6-foot A-frame ladder onto construction debris. Summary judgment was mistakenly denied by the lower court but won by plaintiff after a successful appeal of the decision.
$3,200,000 million jury award after a trial for a construction accident involving a laborer who fell 12 feet to the ground during demolition work. Summary judgment for the plaintiff was granted and the trial was solely on damages.
$2,000,000 million settlement for a construction accident involving a laborer who fell 2 stories from a material hoist bucket because his foreman told him to use it when he needed a bathroom break. Plaintiff’s motion for summary judgment against the defendant was granted which led to the settlement.
$1,500,000 million settlement for a construction accident for a plumber hit in the head by a piece of debris when other contractors began chipping concrete from above. Summary judgment was granted to the plaintiff.
$1,500,000 million award for a construction worker after a trial against the State of New York for a laborer who fell off an extension ladder while working on a bridge.
$875,000 million settlement for a construction worker involving a roofer hit in the head by a 5 gallon paint bucket that was being lifted to the roof but not properly secured. The plaintiff won summary judgment finding the defendants at fault.
$875,000 settlement for a construction accident involving a framer who fell several stories while constructing a home.
$700,000 settlement for a construction accident involving a carpenter who was injured using a table saw that had the blade guard and safety switch removed.
5 Helpful Free Tips from Construction Accident Lawyers
- Within 30 days of the accident, 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.
- Inform your treating physicians that you had a work related accident.
If you were involved in an accident, call BBNR, experienced New York Construction Accident Lawyers, at 212-808-0448 to help you recover the compensation you deserve. We speak Spanish, Polish and Russian. 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
- Settlement vs. Verdict? 5 Important Factors to Consider for a Personal Injury Case
- New York Construction Accident Lawyers obtain $3.65 Million Recovery for Injured 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.