Binghamton Construction Accident FAQs

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Construction Accident FAQs

Binghamton Construction Accident FAQs

Are there specific and unique statutes in New York State protecting construction workers?

Yes. The New York State Labor Law, especially Labor Law Section 240, protects workers in many situations who are injured in an accident involving either the worker falling or something falling upon a worker.

These would be cases, for exampl Read More...

Doesn’t Workers’ Compensation prohibit such actions?

In New York State, if Section 240 of the Labor Law applies, then if you’re hurt, you are not barred by Workers’ Comp from bringing an action against the owner of the structure (in the proper situation) or, if you are working for a subcontracto Read More...

Do falls from any structures or injuries from something falling from a structure qualify in every case?

No. There are exceptions, such as single-family houses or two-family houses where the owner doesn’t actively participate in the project.

To get a better answer, on that question and others, it’s best to contact an attorney familiar with Read More...

If I receive benefits from Workers’ Compensation will they have an impact on the total I receive in a separate lawsuit?

Yes. There will be an offset that the Workers’ Compensation carrier will have to recover some of their costs. Nevertheless, it’s always worth checking to see if any action is available to you.

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Do I have to pay attorney fees?

Attorney fees are generally paid upon a contingency basis wherein there are not attorney fees unless you receive a monetary award and then the attorney fee is a percentage of those funds. Ordinarily, the attorney fees are 33%.

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How long do I have to bring the action?

The action should be brought as soon as possible or at least notification should be given to all parties who are potential defendants as soon as possible.

You should contact an attorney as soon as possible after such a fall or after somethi Read More...

In a construction case involving a fall or a falling object, does fault have to be established?

There are cases in which an individual who has been hurt has unintentionally been at fault for the accident which still qualify under New York State Labor Law Section 240.

The issue is whether there was an unsafe condition created that led Read More...

National Organization of Social Security Claimants’ Representatives
United States District Court of Northern and Western Districts
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Broome County Bar Association
New York State Bar Association