New York Construction Accident Lawyer 2022

New York construction accident lawyer from Polsky, Shouldice & Rosen, P.C. understands that accidents at construction sites are, unfortunately, common and can cause life-altering injuries. Burns, concussions, and major fractures often result from construction accidents. If you or a loved one has experienced such an injury, you know that the results affect not only your well-being but also your livelihood.

In a situation like this, consulting with a lawyer from our law firm can be a major weight off of your shoulders. Filing a claim in order to seek damages for your injuries and suffering can do a great deal in helping you recover from the accident.

When you’re ready to work with a lawyer who can help you get the compensation you deserve, be sure to contact Polsky, Shouldice & Rosen, P.C. immediately. We have more than 20 years of legal experience fighting for accident victims and will do our utmost to seek justice for you.

Preventing Construction Site Injuries in New York

In the United States, hundreds of construction workers suffer fatal injuries each year while they are on the job — and hundreds more sustain injuries that are permanent, disabling, or life-threatening. Falls are the most common cause of fatalities in construction; they account for approximately one out of every three construction worker deaths. When it comes to non-fatal injuries, the four primary causes are falls, “caught-in” incidents, “struck-by” accidents, and electrocution. It shouldn’t come as a surprise that construction sites are rife with opportunities for any of these accidents to occur.

Although workers compensation can cover these injuries, New York employers have a legal responsibility to provide a safe workplace, protective equipment, and training for all employees. OSHA (Occupational Safety and Health Administration), a federal agency in charge of workplace safety in the United States, have outlined worksite requirements for all sorts of industries, including the construction industry. Some of these requirements include:

  • Vehicle alarms for moving in reverse: Employers must have alarms for commercial vehicles that will sound when the vehicle is driving in reverse. Many vehicles and driveable heavy machinery already have these alarms, but if not, the project manager is required to install them.
  • Swinging cranes: There must be temporary barricades for swinging cranes, with at least three inches of caution tape, to prevent workers from coming too close to the machinery. Crane or superstructure movement should only occur when an “ all clear” signal is given.
  • Bridge decking: Employers provide harnesses or safety nets to construction workers working on heights of 15 feet or higher.
  • Fixed scaffolds: OSHA standards also require employers to provide pump jack scaffolds to construction workers working on scaffolds higher than 10 feet above a lower level.

Many safety measures can be customized to fit the needs of each construction site. Although you might assume that large construction sites pose the biggest risk, even small sites in New York can have plenty of hazards for workers.

Furthermore, it’s important to remember that fault isn’t an issue with workers compensation. It’s possible for an accident to occur even if your employer has taken all necessary precautions. If you’ve been injured on a construction site and you plan to file a workers comp claim, you might still want to contact a construction accident lawyer for guidance.

If you were injured on a construction site and you aren’t directly employed by the business managing the project, you may want to speak with our team about filing a lawsuit instead. Contractors and subcontractors often find that they aren’t covered by workers compensation. If this is the case, a construction accident lawyer may be able to help you file a personal injury lawsuit to recover your losses.

Construction work is one of the most dangerous jobs when it comes to work injuries and fatalities. Workers are at a greater risk of being injured or killed in fall accidents because they are often working at high heights. Just one small slip can result in fatal injuries.

According to national statistics from the Occupational Health and Safety Administration (OSHA), falls are the leading cause of construction site accidents, causing almost 40 percent of all construction site fatalities each year. OSHA is the government agency that is responsible for the oversight of safe work environments and making sure that employers are properly training their employees in safety.

Common Causes of Construction Site Fall Accidents

Unfortunately, construction site fall accidents are far too common. The reality is that many of these accidents are preventable if employers only followed safety procedures and provide their workers with the proper training and equipment. It is not uncommon to discover in a construction site fall accident investigation that the employer violated OSHA safety rules, most often by failing to provide protection against falls or failing to provide the required scaffolding per OSHA requirements. If any of these most common reasons for construction accidents has happened to you, then it’s time to meet with a construction accident lawyer:

  • Lack of safety training for workers so they are aware of the hazards that exist on the job and how to properly and safely operate equipment
  • Lack of safety equipment for workers, such as covers, guardrails, and fall protection systems
  • Hazardous working conditions, such as scaffolding in poor condition, unprotected building sides, and debris around worksite

OSHA does have stringent safety standards that construction companies are supposed to have in place on construction sites. These include guardrail systems, safety net systems, personal fall arrest systems. Areas where these systems need to be in place include:

  • Around dangerous equipment
  • Edges and sides of buildings
  • Excavation areas
  • Hoist areas
  • Holes

When falls do occur, the injuries are often serious to catastrophic, especially if the worker was working at high heights. Some of the more common injuries workers suffer in construction accident falls are:

  • Amputation
  • Brain injuries
  • Fractures
  • Permanent disabilities
  • Severe abrasions
  • Severe burns
  • Spinal cord injuries
  • Death

Have You Been Injured in a Construction Site Fall Accident?

Check Out: Things to Consider Before Hiring an Offshore Accident Lawyer
A construction site fall accident can forever change the victim’s life. Depending on how severe the fall was, the victim could be left with permanent disabilities and unable to do construction work anymore. The financial impact this can have on a family can be devastating, especially if he or she was the primary breadwinner for the family.

Depending on the circumstances of the accident, the victim may be able to recover financial compensation either through a workers’ compensation claim or through a personal injury lawsuit. Call Polsky, Shouldice & Rosen, P.C. to schedule a free case evaluation with one of our construction accident lawyers to determine which legal option is best for your particular situation.

How a New York Construction Accident Lawyer Can Help

Having a construction accident lawyer in your corner can be the difference between resolving what’s happened to you and losing time and money trying to recover on your own. An experienced lawyer will know how to navigate your case and the insurance company, and in so doing determine the best way to cover your current and future medical expenses, as well as any wages or income that you’ve lost.

Crucially, the person you choose as your legal representative will be able to serve you in the situation someone who represents either your employer or an insurance company brings you a settlement offer. Having the attorney review that offer is important because the terms of the settlement could possibly not be in your best interest.

Check Out: San Antonio 18 Wheeler Accident Lawyer

What to Consider When Hiring a Lawyer

The initial consultation with the construction accident attorney you’re considering should be a time wherein you get to ask all of the questions you have. Determining whether the attorney in question has the experience and skills to take on your case is vital. He or she should be familiar with the following areas:

  • Negligence, and how it applies to your case
  • Product liability laws, if applicable
  • Workers compensation
  • Navigating insurance and healthcare companies
  • Preparing and settling a personal injury case

Coming to the consultation with as many details about your case as possible is just as important. Be sure you are prepared with information about how the construction accident occurred, what kinds of injuries you obtained, and the extent of your financial losses. Other records and information you could bring to your consultation with a construction accident lawyer could include:

  • Photos of the accident scene and your injuries
  • Medical records and bills
  • Your employment contract and relevant paperwork

By becoming familiar with this information, the construction accident lawyer you choose can better determine whether the two of you will be a good fit for another, and how best to proceed with your case.

Preexisting Conditions and Workers’ Compensation

An incident at work has left your knee in pain once again. You already dealt with a significant injury to that knee years ago, and here you are again. However, when you go to file a workers’ compensation claim and reveal you had a prior incident involving the knee, the carrier may put the brakes on administering benefits. Find out why this happens and what, if anything, can be done with a preexisting condition.

What Is Considered a Preexisting Injury?

When you suffer an injury to a body part, it may never return to full and normal function. Even if it gets close to fully healed through treatment, it may be susceptible to re-injury due to weakness. When you get hurt at work in the same vicinity of this prior injury, it may cause the already weakened area of the body to be injured again. The problem with a workers’ comp claim to an area with a preexisting condition is determining whether the accident caused a worsening of the preexisting injury or if the prior condition contributed to the work incident.

Was the Prior Injury Also Work-Related?

If it was a prior work-related injury, you might have an easier time getting the aggravation covered. This is due in large part to previous medical reporting within the workers’ compensation system and the finding of disability. Once the doctor felt you reached maximum medical improvement or MMI, they issued a report detailing how much better you are and how much use you recovered. Having this information can help the current treating physician decide the difference in the preexisting injury and the new one. Thus making it easier to determine how much of the current accident contributed to a worsening of the prior condition.

Is an Aggravation Covered Under Workers’ Compensation Insurance?

Depending on the state where you live, aggravation to an existing condition or injury may be covered, or it may be more of a fight. Depending on the documentation of the prior injury and the events of the current accident, you may find yourself facing the possibility that the workers’ comp carrier blames the preexisting condition for the current one. For example, if you suffered a knee injury in the past, it may have substantially weakened the stability of the knee. That instability may be to blame for your all off the ladder or trip on the steps leading up to the office.

Dealing with a workers’ compensation carrier with a previous injury may be difficult. It’s a good idea to consult with a NY construction accident lawyer from Polsky, Shouldice & Rosen, P.C. for help in getting through the process.

Check Out: Ways to Prevent an 18 Wheeler Accident

Complex Time Requirements for Collecting Workers’ Compensation

If you sustain a serious injury at work that prevents you from doing your job for a significant amount of time, you are generally eligible to collect workers’ compensation benefits. However, your employer is not required to compensate you for relatively minor injuries that do not keep you out of work. Therefore, the amount of time that you spend away from work determines your eligibility to collect benefits.

In a nutshell, you become eligible for compensation after you have been out of work for seven days. However, the matter is much more complex than that.

Medical Benefits

If you require medical treatment for your injuries, you can claim compensation for these expenses after you have been out of work for seven days. These benefits are retroactive to the date of your injury. The seven-day requirement includes weekends, and the days do not have to be consecutive. For example, if you are off from work to recover from your injury, then you perform light duty for several days, then go back to the doctor for more treatment for your injury, losing several days in the process, you are eligible for compensation for your medical bills as soon as your cumulative days off from work due to the injury add up to seven.

Lost Wages

The same seven-day time limit applies to lost wages. Once you are out for seven days, you are eligible to collect compensation for any time you miss from work going forward. You do not automatically collect retroactive pay for the initial seven days that you missed. However, once you have been out of work for 14 days, you can then collect pay for the first seven days retroactively.

Return to Work

You must typically return to work as soon as your doctor deems that you are able. However, your doctor may also place restrictions on your work activities, so you may not return to your full duties right away. Such restrictions may include decreased working hours or prohibitions on certain tasks Depending on the seriousness of your injuries, the restrictions may be permanent. Your employer has the responsibility to make any reasonable accommodations possible to facilitate your return to work. If you return to work under such restrictions, you may still be eligible to receive compensation benefits.

The regulations that govern workers’ compensation can be very confusing. One of our attorneys may be able to explain the benefits that you have a right to claim in your situation. To schedule an initial consultation, contact our office.

Suing Your Employer: When It’s Possible

Deciding when to sue your employer is a question that a construction accident lawyer in New York is often faced with, and the answer depends on your particular circumstances. When you get injured during an accident at work, you probably want to make sure you’re covered by your employer. Usually, this means getting compensated through a workers’ comp claim. However, you may want to take things a step further and sue your employer. There are times you can bring a lawsuit against them, but it can be difficult to do depending on your situation. Here’s how suing your employer works and if you can do it.

When It’s Impossible to Sue

Workers’ compensation is a huge factor when it comes to lawsuits against employers. The biggest incentive for an employer to take out workers’ comp insurance for their employees is so that they cannot be sued. Injuries at work that can be claimed are considered no-fault, which means that the employee gets coverage regardless of who caused the injury. If the employer was responsible, they are protected from lawsuits by the insurance. This is why New York construction accident lawyers know that workers’ comp is often a win-win for employees and employers.

When You Can Sue

There are some scenarios when suing your employer is entirely possible. For example, if your employer has no workers’ comp coverage, they are not protected by its benefits and you can sue them for losses if they were negligent. You may also sue them, even if they have insurance, if they ignored and refused to report your claim, intentionally injured you, acted with severe negligence or disregarded safety guidelines, or manufactured a faulty product. Independent contractors have the option of suing, too, as contractors are not employees of a business and therefore do not qualify for the insurance. An experienced New York construction accident lawyer can help you figure out whether you are an employee or independent contractor and assess whether suing your employer is in your best interests.

When You Should Ask a Lawyer

Not all cases are black and white. Sometimes it can be incredibly difficult to know whether you can sue your employer or not, especially if they have insurance to cover your injury costs. Getting injured off work premises while you were running an errand for your boss can be a seriously gray area: technically, you were working, but you weren’t at work. Does that count? You may run into other gray areas, which is why it’s important to gather evidence about your injury at the time it occurs. Photos, notes and witness statements can help you make a claim and run the situation past a lawyer if you think something is wrong. A lawyer can help you understand how your claim works and determine if a lawsuit is the right way to go. When you consult a construction accident lawyer from Polsky, Shouldice & Rosen, P.C., our firm’s aggressive, professional, and compassionate legal team will fight for you.

A Construction Accident Lawyer NYC Clients Turn to for Help

After a construction accident upends your life, it’s best not to delay. Polsky, Shouldice & Rosen, P.C. is a personal injury law firm that can work with you to find the right construction accident attorney to take on your case. We have over 20 years of experience fighting for the justice that accident victims deserve. If a family member or loved one was involved in a construction site accident and was wrongfully killed, please do not hesitate to reach out to us.

Auto Accident Attorney

Can You Sue For Your Injuries In A Vehicle Crash Caused By Another?

 

Every day, cars, trucks and buses crash on the streets and highways in the San Francisco Bay Area. All too often, motor vehicle accidents are the result of recklessness or negligence on the part of one driver who is guilty of:

  • Speeding and running red lights
  • Distracted driving including texting or using an smartphone app while driving
  • Sudden lane changes without looking (a common cause of motorcycle accidents)
  • Illegal U turns or un-signaled turns at intersections in front of oncoming traffic
  • Looking left while turning right (a common cause of cars hitting persons walking in a cross walk and other pedestrian accidents)
  • Sudden stops and failure to yield right-of-way (a frequent cause of cars hitting bicyclists and other types of bike accidents)
  • Unsecured loads on pickup trucks and semi trucks
  • Driving under the influence of drugs or alcohol
  • Fatigued driving from long work hours or persons suffering from sleep apnea.

What Are The Types Of Damages Allowed For Injuries In A Crash Due To The Fault Of Another Person?

Under California law, persons who have been injured in accident or crash due to the fault of another person, public agency, or corporation can recover damages for: 

  • Past and future physical pain and suffering, mental anguish and physical impairment;
  • Past and future medical, incidental and hospital expenses;
  • Past and future loss of earnings and earning capacity;
  • Property damages;
  • Punitive damages in cases of egregious wrongdoing.; and
  • Wrongful death damages when the victim was killed.

The Dolan Law Firm Advantage For The Injured In Car, Motorcycle & Bicycle Crashes

Recognized as the one of the premier personal injury law firms in California, the Dolan Law Firm has successfully represented thousands of injured persons and the families of loved ones who died in car, bike, motorcycle, truck, and other vehicle accidents, as well as pedestrians hit by a car, since the firm was founded in 1995.

We personally know how devastating physically, emotionally, and financially a serious car accident can be. We will treat you with compassion and respect. We will be with you every step of the legal process.

Repeated, outstanding success settlement negotiations and in court — that’s the Number One reason why clients select our law firm and after the lawsuit concludes refer their family and friends if they have been in car crash.We are known for taking challenging and complicated cases to trial and prevailing. As a result, we often obtain recoveries far above industry averages. We specifically provide our clients:

  • Individual, attentive legal representation by highly experienced crash and accident attorneys with an outstanding record of success;
  • Substantial investigative, financial and technological resources that no individual attorney or small law firm can provide;
  • Access to accident reconstruction experts to identify the cause of the accident and who — or what — was at fault, including driver negligence, defective auto parts and dangerous roadway conditions; and
  • Access to biomechanics and economic experts to determine the full extent of your injuries and calculate the cost of your future medical needs, along with any lost of wages or diminished earning capacity due to the crash.

Contact An Experienced Vehicle Crash Injury Lawyer

 

The award-winning attorneys at the Dolan Law Firm are dedicated to relentlessly representing their clients in the pursuit of justice. Founder and lead trial counsel Chris Dolan has been repeatedly recognized as one of the best personal injury attorneys in the San Francisco Bay Area and California. Chris and the other skilled trial lawyers at the Dolan Law Firm have recovered hundreds of millions of dollars in verdicts and settlements for their clients.

We are here to serve You. We will evaluate your case for free, confidentially, and with no obligation on your part. We provide each client attentive, individual service of the highest quality. We treat our clients as family. We will work closely with you throughout the legal process. We never charge an hourly fee, and only get paid if we win your case.

Call us toll free at 1-888-452-4752 or complete our contact form for a free case evaluation.

We have the experience and the resources to fully investigate your case. We will visit you at your house or the hospital if you are unable to come to our offices in San Francisco, Oakland, and Los Angeles. We represent clients across the Bay Area and California.

How Much Does Business Insurance Cost? (7 Factors That Affect YourPremiums)

 

No business should be without insurance.

But what does business insurance cost? Here are 7 things that determine your premium amounts.

There are few ventures more exciting than starting a new business. Picking a business name, designing a logo, looking for real estate…you’re turning all these dreams into reality.

While insurance may not have the same appeal as developing a menu or decorating an office, it has arguably the biggest impact on your business’ success. That is why the Harry Levine Insurance agency places such a strong emphasis on educating our clients on the policies available to them.

In this article, we’ll be tackling one of the most pressing concerns for business owners: How much does business insurance cost?

The problem is, your insurance premiums depend a lot on your unique business. But since it doesn’t help to say, “It all depends; contact your agent,” we’ll give you some insight into seven different factors that have an affect on the cost of business insurance.

Let’s go over some of these factors one by one.

1. Your Industry

Perhaps the #1 factor determining your business insurance premiums is the type of business you own.

Each industry has its own inherent level of risk; and risk is the biggest driver when it comes to calculating your insurance costs. For example, a construction company is open to a lot more risk than a bookkeeping office, so don’t be surprised if your independent insurance agent starts asking detailed questions about the line of work you’re in.

Another thing your insurance company wants to know? Details about your unique company.

Are you opening a restaurant where customers can grill their own shish kabobs right at the table? Does your business model require employees to enter customers’ homes or work directly with their children? Are you taking money in exchange for legal or financial advice?

These are things that increase your risk and therefore, your insurance premiums.

2. Your Level of Expertise

Another factor that affects the cost of your business insurance is your level of expertise.

Educated business owners who have had years to hone and perfect their skills are presumed to have lower risk than those who are just starting out. And, as we’ve mentioned before, lower risk means lower premiums.

So don’t be surprised if your insurance agent asks for details about how long you’ve been in business, what type of education you have, and whether your employees hold any qualifications. This is all useful information in helping them come up with an insurance quote.

3. Your Annual Revenue

If you’re like most business owners, you’re doing everything in your power to increase your revenue each year, but don’t forget that a growing business will cause your insurance costs to grow, too.

The way the insurance company sees it, higher revenue leads to more customers, more square footage, and more employees, all of which increase your risk. If you are sued (hey, it can happen to anyone), your insurance carrier wants to know how much you (and, by extension, they) would be held liable for.

4. Your Business Location

Even if you run an e-commerce business, where you work has a lot to do with your insurance premiums.

The larger your real estate, the more square footage left open to risk. Will your location receive lots of foot traffic? That’s more opportunity for general liability claims.

Your location’s physical condition also has a lot to do with your insurance costs. Newer construction often gets you lower insurance premiums than older construction, which might not be up to the most recent codes.

Lastly, they’ll want to know the physical location of your business. Areas that are more prone to high crime, flooding, or other risks will cost you more in insurance premiums.

The city and state your business is in also has an effect your insurance costs. Some states are more lenient towards the plaintiff in lawsuit cases, meaning that businesses who are sued will end up paying more than they would in another state.

If you have a choice as to what state to do business in, it’s worth taking a look at the “insurance-friendliness” of each state before making a decision.

5. Your Employees

That’s right, the number of employees you have affects more than health insurance.

This is especially true with General Liability, Error and Omissions, and Workers’ Compensation policies, but every insurance carrier calculates premiums differently.

In general, the more employees you have, the more you’ll pay in insurance costs. Insurance rates can also fluctuate depending on the positions those employees hold and where they work from (in the office or out of their homes).

6. The Policy You Want

Asking “how much does business insurance cost?” is a bit like asking “how much does a car cost?” It depends on the features you’re looking for.

The more policies you add, the higher your premiums are going to rise. (Just like those heated seats are going to cost you a little extra than the standard model). Sometimes, the nature of your business will determine the types of insurance policies you need to buy, but other times, it will be up to you.

In most cases, you can start with a basic BOP, or Business Owner’s Policy, which includes General Liability Insurance, Commercial Property Insurance, and Business Interruption coverage. From there, you can tack on additional policies depending on your unique needs.

Some popular policies include:

  • E&O Insurance
  • Cyber Risk Insurance
  • Inland Marine Insurance (for any portable property your business owns)
  • Liquor Liability Insurance
  • Food Spoilage & Contamination Insurance
  • Commercial Auto Insurance
  • Employment Practices Liability Insurance
  • Workers’ Compensation Insurance
  • Disability Insurance
  • Health Insurance

Your premiums will also depend on the limits and deductibles you choose. If you want high limits and low deductibles, those plans are going to cost you more per month than one where you assume more of the risk.

7. Claims History

If your business has a history of making claims for loss or damage, the insurance company will charge you higher premiums to cover the risk of insuring you.

This is the case with any insurance policy. In their eyes, more claims in the past probably indicates more claims in the future. This is why your claims history is one of the biggest factors in determining your insurance score.

To your insurance company, it doesn’t matter whether your claims were fraudulent or completely legitimate. The more they have to pay out, the more they’ll need to take in. That’s the way the insurance market works.

You can combat rising insurance costs by mitigating your business’s own level of risk and protecting yourself with a network of insurance policies.

Conclusion

Insurance might not be as fun as other parts of planning a business, but it’s too important to your business to settle for the cheapest policy and hope for the best.

Rather, select your coverage based on your level of risk. When you need to file a claim, you’ll be glad you didn’t settle for a cheap policy.

Because no two businesses are like, there’s no way to tell you how much your business insurance will cost. For the most accurate quote, your best bet is to contact an independent insurance agent.

Unlike captive agents who are locked in to a single insurance company, an independent agent can gather quotes from multiple carriers to find the best value and coverage level for your business. Furthermore, they’re not just here to sell you a policy and leave you out in the cold. Independent agents are members of the community; they want your business to succeed as much as you do!

Harry Levine Insurance has been one of Orlando’s premiere insurance agents for the last 40 years and have built a reputation of honesty, integrity, and unparalleled customer service.

We know your business is unique to you and you’re unique to us!  Insurance coverage and individual quotes vary depending on the applicable circumstances we outlined above, so call now and we will help build the policy that is right for you.

This post was updated in April 2020.