Gorayeb & Associates' team of New York Falling Object Accident Lawyers helps victims of construction accidents claim the maximum compensation they are entitled to by law. If you've been injured due to falling cargo or debris at a construction site, we're here to make sure you get the compensation needed to receive medical attention, rehabilitation, and rest without worrying about money.
Working with elevated cargo is common in the construction industry. It is necessary for material transport and building, remodeling, maintaining, and cleaning all structures, primarily buildings.
One of the greatest risks of construction work at heights is the potential for loads, materials, and tools to fall and impact workers below. To prevent such accidents, the Occupational Safety and Health Administration (OSHA) mandates strict safety measures that must be followed by construction companies and all individuals involved in the projects.
Unfortunately, according to annual workplace accident reports, the construction industry ranks among the most dangerous. Gorayeb & Associates' successful team of New York Falling Object Injury Attorneys helps victims receive the highest compensation they are entitled to by law.
It's important to know that all workers who are victims of accidents in New York have the legal right to be compensated. Gorayeb & Associates has successfully represented and advocated for workers for over 35 years. We are an integral part of the New York construction workers' community.
Have you or a loved one suffered a workplace injury? Gorayeb & Associates' NYC Falling Object Injury Lawyers team is here to assist you anytime, every day of the year. We have obtained over a billion dollars in compensation for our clients. Contact us now to request your free and confidential consultation.
How can New York Falling Object Injury Attorneys help me?
Gorayeb & Associates' NY Falling Object Accident Legal Experts are here to assist victims throughout their cases. Here are some of our primary services:
1. Manage adequate medical care - Sometimes, the medical insurance companies contracted by employers may only provide medical attention through specific providers. However, the particular injuries workers suffer may require specialized care that insurance may not cover. In such cases, we can arrange appropriate medical providers and treatment for the victim.
2. Legal assistance and counsel - Construction accidents are often complex and highly specialized from a legal standpoint. Many workers don't know if their injury qualifies for a lawsuit or are unaware of all the legal options available. Unfortunately, it's common for accident victims to miss out on the total compensation they deserve due to a lack of proper legal guidance. That's why it's crucial to have the assistance of experienced construction accident lawyers with a winning track record in cases like yours.
3. Accident investigation - Investigating a construction accident is crucial to reconstruct the events, determining liability, and obtaining the necessary evidence to prove that liability. This evidence may include:
- Police reports
- Photographs or video of the accident scene
- Testimony from eyewitnesses
- Testimony from accident reconstruction specialists
- Truck or machinery recorder reports
- Cargo records and reports
- Operator logs
4. Expert negotiation - Once we finish the case investigation, our New York Falling Object Injury Attorneys build a strong case with all gathered evidence and determine the compensation amount to claim from the liable party. This amount is typically negotiated with an insurance company until we reach a fair settlement for our client. If that's impossible, we file a lawsuit and take the case to court. However, this scenario is rare, as most injury cases are settled before reaching court.
5. Once the case results in a favorable outcome for our clients, our NYC Falling Object Injury Lawyers provide personalized follow-up to guarantee that the victim receives all the benefits outlined in the agreement and that their rehabilitation progresses smoothly.
How much compensation can I get in Falling Cargo, Materials, or Objects accidents in New York?
There are no fixed compensation amounts that victims of construction accidents receive. Each case is different, and therefore, the compensation amounts vary. However, there are common factors that our team of NYC Falling Debris Accident Lawyers considers when determining how much money to claim for their clients.
These factors typically include:
- The severity of the injuries.
- The parties responsible for the accident (sometimes there may be more than one).
- The estimated maximum recovery time.
- The time the worker cannot work due to their injuries.
- The emotional and psychological repercussions the accident has caused the worker and their family.
The final compensation is calculated by considering these factors and including various benefits, both economic (those we can prove with invoices) and non-economic (those related to the pain and suffering caused to the victim).
Some of the benefits that may be included in compensation are:
- Medical expenses: Payment for necessary medical expenses to treat the injuries sustained in the accident, including hospitalization, surgery, medical tests, medications, and rehabilitation.
- Lost wages: Payment for lost wages when the victim cannot work due to the injuries.
- Disability pension: Monthly payment to the victim if the injuries prevent them from returning to work.
- Death pension: Monthly payment to the victim's family members.
- Pain and suffering: Payment for emotional and psychological suffering, such as stress, distress, depression, anxiety, or the development of phobias.
- Moral damages: Compensation for the moral harm suffered by the victim, such as loss of quality of life, loss of job opportunities, or loss of social relationships.
Aesthetic damage: Compensation for the victim's aesthetic damage, such as the loss of a limb or deformity of a body part.
Top 5 causes of accidents from falling cargo
Accidents involving Falling Cargo, Materials, or Objects in New York can occur from any elevated platform, whether a scaffold, a roof, an elevator, a ladder, the top of a truck, or heavy machinery, such as a crane, excavator, or forklift.
Falling object accidents often happen for five main reasons:
- Lack of planning and coordination - Insufficient planning and coordination of construction activities can increase the risk of falling objects or debris accidents. For example, lack of coordination may cause workers to collide with each other, machinery, tools, or materials, causing them to fall.
- Lack of training - Untrained workers in safe materials, tools, and machinery handling techniques are at a higher risk of accidents. For example, workers not trained to lift and move heavy objects at heights may cause them to fall.
- Lack of safety equipment - Safety equipment, such as safety harnesses, lifelines, and helmets, helps workers handle materials safely at heights. They may drop them or fall if they lack the proper safety equipment.
- Hazardous conditions - Hazardous conditions in the workplace, such as slippery surfaces or unstable stacked materials, can increase the risk of accidents of falling materials or objects. Supervisors, managers, and workers must be alert to hazardous conditions and take steps to mitigate risks.
- Non-compliance with safety regulations - Non-compliance with safety regulations can lead to falling material, objects, or debris accidents. Companies and workers must comply with safety standards established by OSHA and other government agencies.
Cargo that can fall in a construction site
Various types of loads can fall at construction sites and may vary depending on the type of construction. These are some of the most common materials that fall and cause accidents at construction sites:
- Tools and equipment - Construction tools and equipment such as saws, axes, hammers, ladders, and scaffolding can accidentally fall from heights and cause injury to construction workers.
- Construction materials - Construction materials such as concrete, bricks, roofing materials, and steel can fall from heights, causing severe injuries or death to workers.
- Debris - Debris, such as leftover construction materials or loose materials, can fall from heights, causing severe injuries or death to workers.
Who can be liable for a falling object accident?
Liability in accidents involving falling cargo, materials, or tools in a construction site may fall on one or several individuals or entities, depending on the circumstances of the accident. The persons or entities that may be held liable include:
1. The property owner - The property owner may be responsible if they have not provided a safe workplace for the workers. An unsafe workplace may include failure to comply with safety standards, such as lacking proper safety equipment or failure to inspect the workplace for hazards.
2. The general contractor - The general contractor is responsible for the safety of all workers at the construction site. The general contractor may be considered liable if they fail to take appropriate measures to prevent falling accidents involving materials, tools, and debris.
3. The subcontractor - A subcontractor is responsible for the safety of its own workers. Subcontractors may be liable if they fail to take appropriate measures to prevent materials or objects from falling.
4. Manufacturers of products - Sometimes, when the accident is due to failures or malfunctions in machinery, vehicles, tools, or products, the liability may lie with their manufacturers.
Workers with regular contracts should have access to the Workers Compensation Program, which provides them multiple benefits in case of an accident. Although it prevents them from suing their employer, this does not mean they cannot file a claim against other parties responsible for their accident.
Therefore, a victim of an accident may, in certain circumstances, receive multiple benefits from different claims. That's why it's crucial that workers immediately contact successful Falling Object Injury lawyers with a proven track record of winning cases when they suffer a workplace injury.
What should I do if I suffer an accident at a construction site?
When experiencing a workplace accident, seeking medical attention for you or other victims should be your priority. Afterward, a series of steps can help facilitate a compensation claim.
Here's what you should do if you suffer a construction accident:
- Get medical attention. Even if you feel fine, you must immediately visit a hospital or clinic for a medical evaluation. It's crucial to understand that the insurance company will only cover your medical costs and damages if there are medical records of your injuries. A medical review could uncover a severe injury you weren't aware of.
- Notify your employer. As soon as possible, notify your employer about your injury. It's essential to keep a record of this notification; we recommend doing it in writing, through a text message or email, of which you should keep a copy.
- Immediately call Gorayeb & Associates' expert New York Falling Object Accident Lawyers team. Your attorney will investigate your case to determine liability, calculate compensation, and advocate for you to obtain the maximum compensation possible.
- Gather evidence. Take photographs and videos of the accident scene and your injuries, if possible. Similarly, request the contact information of the other individuals involved or present in the accident and any witnesses.
- Avoid using social media. It's important not to make any posts about the accident. Doing so could harm your compensation claim.
- Don't speak with insurance company representatives. After the accident, an insurer may want to talk to you and have you sign documents. Please don't allow it. Call your attorney immediately. Remember that insurers often pay victims as little as possible to increase profits.
Legal protections and construction workers’ rights in New York
If you are a victim of a construction accident, Gorayeb & Associates' construction site injury attorneys will guide, support, and fight for the compensation you deserve.
The state of New York's labor legislation safeguards workers' rights, especially those employed in the construction industry. The state's Labor Law, sections 240 and 241, establishes the following:
- Right to a safe and healthy workplace.
- Right to receive necessary protective equipment free of charge to perform your job safely.
- Right to receive training to operate and handle machinery and tools using clear and accessible language.
Can a worker file a complaint for unsafe working conditions?
Construction workers have the right to demand that their employers comply with OSHA standards to ensure safe and healthy workplaces.
OSHA provides various methods to report unsafe working conditions. These reports are protected by the federal whistleblower protection program, which guarantees anonymity. They can be made through three main channels:
- Through a virtual complaint.
- By making a toll-free call to 800-321-6742.
- By visiting the OSHA offices in New York at 201 Varick St.
In what other accidents can Gorayeb & Associates help me?
Gorayeb & Associates' successful legal team specializes in construction accidents. To provide personalized and excellent legal assistance, we divide our services into the following primary practice areas:
In falling object accidents, win with Gorayeb!
Securing the maximum compensation possible on a construction accident case largely depends on having the assistance of a stellar legal team with a proven success record in labor injury cases.
We have been winning labor injury cases for workers in New York for over 35 years. We have developed the Gorayeb Community Center in Queens to provide helpful resources, primarily focused on defending construction workers and coordinating multiple training courses.
If you or someone you know suffered a work injury, Gorayeb & Associates' New York Falling Object Accident Lawyers team is ready to help you. Get a free consultation by filling out this form. We're here to assist you 24/7. To earn the maximum compensation for construction accidents, the workers’ lawyers at Gorayeb & Associates are your best choice.
