During a recent winter, a 17 year old female student was a passenger in a motor vehicle traveling on the north side of the Van Wyck expressway in Queens, New York.
Birth injuries are serious complications that can occur during the birthing process, potentially leading to lifelong challenges for the child. These injuries can range from minor bruising and swelling to severe, permanent disabilities, such as cerebral palsy or brachial plexus injury.
Common surgical errors include performing the wrong procedure, leaving foreign objects in the body, damaging vital organs, or causing infections. Such mistakes can lead to severe pain, disability, and even death.
Fellows Hymowitz Rice: Your Trusted General Contractor Negligence Attorneys in New City, NY
Fellows Hymowitz Rice is your advocate for construction accident cases in New City. With a legacy spanning over four decades, our law firm possesses a profound understanding of the intricacies involved in New York law, especially within the construction industry.
We recognize the devastating impact that construction site accidents can have on individuals and their families, often resulting in life-altering injuries, emotional distress, and financial burdens. We also understand the complexities of general contractor liability and how their actions can extend to the negligence of independent contractors and subcontractors.
Our unwavering commitment is to secure the just compensation you deserve, empowering you to rebuild your life after such a traumatic experience. You can count on us at Fellows Hymowitz Rice to provide compassionate and personalized legal representation, meticulously guiding you through each step of the legal process while fighting tirelessly to protect your rights and interests.
Construction Accident Laws in New York
New York has implemented robust legal protections to ensure the safety and well-being of workers on construction sites. The New York Labor Laws are a cornerstone of these protections, offering additional safeguards for construction workers who have suffered injuries due to contractor negligence.
In addition to the Labor Laws, the Occupational Safety and Health Administration (OSHA) establishes federal safety standards that employers must follow to prevent accidents and injuries. Violations of OSHA regulations can result in significant penalties for employers and contractors.
Employer Responsibilities Under NY Labor Law and OSHA
Employers' key responsibilities include:
Providing a safe workplace: Employers must maintain a work environment free of recognized hazards and comply with OSHA standards.
Providing safety equipment: Employers must ensure the appropriate use of personal protective equipment (PPE) for workers.
Training employees: Workers must receive proper training on recognizing and avoiding hazards, as well as using safety equipment correctly.
Inspecting the workplace: Regular inspections should be conducted to identify and address potential hazards.
Reporting accidents: All workplace accidents must be promptly reported and investigated.
If your employer or a contractor fails to uphold these responsibilities, and you are injured as a result, you have the right to seek legal recourse. Consulting with an experienced construction accident attorney can help you understand your rights, explore your legal options, and pursue the compensation you deserve.
Need Help Holding Those at Fault Accountable?
Don't let the negligence of others go unchecked while you suffer the consequences. You have the right to seek justice and compensation, and we’ll work tirelessly to help you obtain them. Contact us today to schedule a consultation.
General Contractor Negligence: Explaining Liability
A general contractor is the company or individual responsible for overseeing the entire construction project. They are the main contractor, responsible for planning, budgeting, hiring subcontractors, and managing the overall construction process.
General contractor negligence is a major cause of construction accidents, occurring when general contractors fail to uphold their duty to ensure a safe work environment.
A general contractor can be held liable for their own negligence, such as:
Safety violations: Disregarding OSHA and Labor Law regulations, leading to inadequate safety equipment, training, or hazard mitigation.
Inadequate supervision: Failing to monitor work activities, enforce safety protocols, or address hazards promptly.
Defective equipment: Using faulty or poorly maintained tools and machinery, increasing the risk of malfunctions and accidents.
Hazardous conditions: Leaving debris, exposed wires, open trenches, or other dangerous objects on the site, creating tripping hazards and other risks.
Determining liability in a construction accident case can be complex, as multiple parties may share responsibility.
The general contractor's liability extends to the actions of independent contractors and subcontractors they hire. They can be held accountable for the negligence of these parties if they:
Failed to properly vet the contractor: Did the general contractor hire a contractor known for unsafe practices or lack of experience?
Failed to provide adequate supervision: Did the general contractor fail to monitor the subcontractor's or independent contractor's work and ensure they followed protocols?
Failed to address safety concerns: Did the general contractor ignore complaints or warnings about the contractor's work practices?
These negligent actions can result in various construction site accidents, ranging from minor injuries to severe, life-altering consequences.
An experienced personal injury attorney can investigate the circumstances of your accident, identify all potentially liable parties, and pursue claims against them to maximize your compensation.
General contractor negligence is a major contributor to construction site accidents in New City and NYS, putting workers' safety at risk. Some of the most prevalent types of accidents include:
Falls from heights
Struck-by accidents
Caught-in/between accidents
Electrocutions
Motor vehicle accidents
These accidents can lead to a range of injuries, from minor cuts and bruises to catastrophic injuries such as traumatic brain injuries, spinal cord injuries, broken bones, amputations, burns, and even wrongful death.
How Do I Get Compensation If a General Contractor Caused My Injuries in New City?
If you've suffered an injury due to general contractor negligence in a New City construction accident, you have several legal options to seek compensation:
If your employer carries workers' compensation insurance, you may be eligible for benefits regardless of fault. These benefits typically cover medical expenses and a portion of lost wages. However, it's important to note that workers' compensation often doesn't compensate for pain and suffering or other non-economic damages.
In some cases, a third party not directly involved in the construction project may be held liable for your injuries. This could include manufacturers of defective equipment or suppliers of faulty materials.
If their negligence contributed to your accident, you may have grounds to file a third-party liability claim. This legal option allows you to pursue a much wider range of damages than those available through workers' compensation.
What Damages Can I Recover If I Got Injured at a Worksite Due to General Contractor Negligence?
A personal injury claim in New York allows you to seek additional compensation for damages not covered by workers' compensation, such as:
Pain and suffering: Physical pain, emotional distress, and loss of enjoyment of life.
Lost wages: Current and future lost earnings due to the injury.
Medical expenses: Past, current, and future medical costs.
Disability: Permanent or temporary impairment.
The severity of your injuries will be taken into account to help you get damages that fully compensate you for your losses.
How to Prove a Claim Against a Negligent General Contractor
To build a successful personal injury claim for contractor negligence in New York, you must prove the following elements:
Duty of care: The defendant owed you a duty to exercise reasonable care.
Breach of duty: The defendant failed to fulfill that duty through negligent actions.
Causation: The defendant's breach directly caused your injuries.
Damages: You suffered actual damages due to the accident.
Gathering evidence, such as accident reports, medical records, witness statements, and expert opinions can significantly strengthen your claim.
Fellows Hymowitz Rice — Helping You Win Your Case Against Negligent Contractors
At Fellows Hymowitz Rice, we are passionate advocates for the rights of injured construction workers in NYS. Our experienced New City contractor negligence lawyers will:
Thoroughly investigate your accident to determine liability.
Gather compelling evidence to support your claim.
Negotiate with insurance companies to secure a fair settlement.
Litigate your case in court if necessary to maximize your compensation.
Provide compassionate support throughout the legal process.
We are committed to providing comprehensive legal support tailored to your specific needs and circumstances.
Rob Fellows is more than just a lawyer; he's a seasoned advocate and a respected leader in the legal community. With over 40 years of experience, he's earned a reputation for meticulous preparation, unwavering advocacy, and a genuine commitment to his clients.
Steve Hymowitz is a champion for the underdog, specializing in medical malpractice and construction accident cases. He’s known for his warmth and unwavering dedication, relentlessly pursuing justice for those who feel powerless against insurance companies.
Matthew brings an unparalleled level of energy and drive to every case, earning a reputation for achieving exceptional results. He goes beyond financial wins, building deep connections with clients and becoming a trusted advisor during their most difficult times.
Joanne Horowitz is a skilled legal strategist and a strong advocate for those facing injuries due to negligence, construction accidents, and medical malpractice.
The location of a construction accident may vary, but the pain and hardship faced by injured workers are universal. At Fellows Hymowitz Rice, we understand this deeply. No matter where in New York State your job site was, if you've been hurt due to the negligence of a contractor or any other party, our legal team is here to help.
If you or a loved one has been injured in a construction site accident due to the general contractor's negligence or someone else's fault in New City, don't hesitate to contact Fellows Hymowitz Rice. We offer a free consultation to discuss your work injury case and explain your legal options.
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