If You Are Overwhelmed And Don’t Know Where To Turn, Call Us
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Starts With A Phone Call Or Email
Nyc Office: (212) 858-0503
Westchester Office: (914) 574-8330
We Are On Your Side
In this time when you are grieving the insurance companies are already working against you to undermine your claim. Don’t wait, you need an experienced construction accident lawyer on your side, more than you know. There are things that need to be done to preserve your rights to sue and you are not in the position to deal with these things now. Let our experienced wrongful death attorneys help. We can make sure those who caused this pain, are held accountable. Our attorneys have decades of experience in handling construction accident, wrongful death and industrial fatality cases.
Trust Us To Take Care Of You And Your Family In This Time Of Need
According to OSHA: In 2019, 5,333 workers died on the job in 2019, which amounts to more than 100 a week or about 15 deaths every day. About 20% (1,061) of worker fatalities in private industry in calendar year 2019 were in construction – accounting for one in five worker deaths for the year. On average over 80% of all construction fatalities in New York were on non-union job sites. Latino construction workers have the highest death rates of all construction workers in New York.
New York’s Labor Laws Allow You To Sue The Site Owner And General Contractors
According to the National Safety Council, the construction industry has more preventable fatal accidents, than any other industry in the United States.
If You Lost A Spouse Or Parent In A Construction Accident Our New York City And Westchester
Construction Fatality Lawyers Can Help
You Are Entitled To Alot More Than The Insurance Companies Will Admit
Compassionate New York City And Westchester Lawyers Who Fight For Grieving Families
Everyone Deserves To Come Home At The End Of The Work Day
When you watch your husband or father go to work in the morning, it is hard to imagine that might be the last time you ever see them. We all just assume that they will return home unharmed at the end of the day. Unfortunately, that is not always the case for people who are employed in the construction industry, which has left countless women, without their husbands and children without their fathers. Construction sites are among the most hazardous working environments in New York City, Westchester, Long Island and across the nation. In fact, about 1,000 Americans are killed in tragic and preventable workplace accident each year. When a construction worker dies in a work site accident, the results are often devastating emotional and financial hardship for loved ones who are left behind. For more than two decades, the construction fatality accident lawyers at the Law Office of Michael H. Joseph, PLLC has vigorously fought for the surviving family members of fatal construction accident victims all over New York State, including New York City, Westchester County, Rockland County and Long Island. Our caring attorneys provide results-oriented service in wrongful death claims.
Our Attorneys Will Get You Compensation Through a Wrongful Death Lawsuit
The most frequent question that our New York construction wrongful death attorneys are asked is, “What am I entitled to if my husband died in a construction accident?”. Another frequent question that our attorneys are asked, is “How will I provide for my children after my husband was killed on a construction site?”. When a construction worker dies on a construction site, the family is entitled to a workers compensation death benefit, but that is not all you are entitled to. Fortunately, New York law allows the wife and children of a construction worker who was killed on a job site to sue the building owner and general contractor, for the financial loss which was caused by the construction worker’s death. This includes the future revenue stream that the family would have received, including the replacement value of the fringe benefits, such as health insurance, as well as the value of the services which the person who died, would have rendered, including the replacement cost for services such as house chores, coaching of the children playing sports and education. New York law also allows the family to recover compensation for the construction worker’s pain and suffering before he died. Our New York wrongful death attorneys have extensive experience in maximizing the amount that can be recovered through a lawsuit, by hiring economists to make sure we calculate ever item of loss that can be recovered. Our attorneys are familiar with the union benefits and one of the first things we always do is to get a copy of the union contract and benefits booklet, so our attorneys can maximize what we get our clients.
New York law allows the family of a construction worker who suffered a job site fatality to sue whenever there was a violation of New York’s Labor Law. New York’s Labor Laws have extensive requirements which are meant to protect construction workers, from almost every type of accident which can occur on a construction site. These include requirements for safe equipment, safe work practices and adequate protective equipment. Although New York labor laws require building owners and general contractors to comply with a number of safety standards, construction workers still suffer devastating and sometimes fatal injuries at work.
Construction workers in New York and elsewhere face a higher risk of suffering a job-related injury or death than individuals who are employed in most other industries. According to the nation’s Bureau of Labor Statistics, approximately one-fifth of workplace fatalities each year occur at a construction site. Among the most common causes of construction site fatalities in New York are workers falling from a scaffold, the side of a building, down an elevator shaft or through some other opening. Another common accident which causes construction workers to die unnecessarily are hoisting accidents, where heavy pieces of material, such as rebar or steel are being lifted and swing and hit the worker. Electrocution, chemical exposure, trench cave-ins, structural collapses, being struck by machinery can all cause the untimely death of a construction worker in the blink of an eye. Learn More About Wrongful Death Lawsuits
Construction remains one the most dangerous ways to make a living. Despite New York’s protective laws, construction workers in New York are killed at an alarming rate. Our New York wrongful death attorneys know that behind every statistic is a grieving family.
One In Five Employment Related Deaths In The United States Occurs In The Construction Industry.
-Osha
In 2019, OSHA found that there was in increase of 5% in construction related worker fatalities, with 1061 construction workers being killed on worksites. This is the highest number of fatalities in the construction industry since 2007.
It Wasn’t Your Husband’s Fault For Going To Work
Safety Is The Contractor’s Responsibility- It Wasn’t The Worker’s Fault
Our New York Construction accident lawyers have heard all of the excuses that the construction companies use. It’s a dangerous job, there was nothing we could have done. Our NYC and Westchester construction fatality lawyers know better. There are safe ways to do a dangerous job and when contractors don’t provide proper protective gear, or allow unsafe practices they are at fault, not the construction worker.
Almost all accidents are preventable- don’t accept the excuses
We Fight We Are On Your Side
No matter what excuses the construction companies and insurance companies come up with, our NYC construction accident lawyers have heard it. From the second a fatality happens, the insurance companies are busy trying to hide the truth and blame the victim. Our NYC wrongful death lawyers have decades of experience in fighting the construction industry and we know all the tricks.
Falling Death Cases
New York City, especially Manhattan and Queens, have seen a surge in construction workers killed because of falls from buildings, from scaffolds and down elevator shafts. In Westchester, there have been countless deaths because of workers falling off of roofs, because they were not provided with the proper protection. New York’s Labor Law requires that every construction worker who is working at a dangerous height, be provided with safe equipment to protect them from falling. This includes fall protection such as life lines, harnesses and lanyards. If your husband or child’s father died in a fall because they were not provided with the fall protection that the law requires then you can sue for their wrongful death. It is the site owners and general contractor’s responsibility to provide the necessary fall protection and New York law does not permit the contractor and building owner to get away with not providing the required equipment by arguing that the construction worker was at fault for the fall. So if your husband, father or child’s father died because they fell from an unsafe height, you can sue for their wrongful death.
Caught Between Accidents
Our construction accident wrongful death lawyers know that one of the most common causes of death and fatal accidents on construction sites is the caught between accident, where a construction worker is crushed by being caught between machinery or materials. Caught between accidents are one of the fatal four accidents, which are responsible for construction site fatalities. New York’s Labor Law 241 and the New York Industrial Code have extensive regulations concerning the safe operation of machinery, so that construction workers are not endangered and the safe hoisting of materials and loads. These regulations were passed specifically to prevent the “caught between” accidents from occurring, so if you husband, father or child’s father was killed in a crush between accident, then you can sue for wrongful death. You can sue for “caught between” accidents, if your loved one was crushed by material, struck by machinery or died because of another preventable accident on a construction site in New York.
Hoisting Accident Fatalities
Another frequent cause of construction accident fatalities are hoisting accidents. These usually occur when materials, such as rebar, steel beams, lumber, stone or other materials are being lifted by a crane and the load shifts and hits a worker. New York’s labor laws have extensive regulations on hoisting and require that loads which are being hoisted, lowered and placed be stable and controlled. Usually loads are controlled by using tag lines to keep loads from swinging and hitting workers. When loads that are being hoisted are not properly controlled strike a worker, the worker is often severely injured and sometimes killed. These loads are so heavy, that even small movements can cause crushing injuries. If your loved one was killed in a construction accident because they were struck by materials or structural components that were being hoisted, our New York construction fatal accident lawyers know, that you can sue for wrongful death.
Excavation Fatalities And Trench Cave-in Accidents
According to OSHA, the Occupational Safety and Health Administration, on average, twenty five workers every year die in trench collapse accidents and at the national level, seventy five percent of all construction fatalities are caused by trench and excavation accidents. New York’s Labor Laws require that trenches be adequately shored and braced so that they do not collapse or cave in. Unfortnately, contractors frequently cut corners with workers safety and take chances with their worker’s lives, by not bracing and shoring trenches and excavations properly When a cave in occurs, the worker can be buried by the surrounding dirt and struck by pavement and crushed. If your husband, father or child’s father was killed in a trench accident, you can sue for wrongful death, because this type of accident can only occur if the Labor Laws were violated.
Fatalities From Accidents Involving Electricity
According to OSHA, approximately eight percent of all construction related fatalities are from electrocutions. Some of the most common electrical accidents involve construction workers or their tools or equipment coming in contact with live wires. New York’s Labor Laws have numerous regulations which are intended to protect workers from contact with electricity. These include requirements that ladders and scaffolds be properly placed so that they don’t come into contact with energized wires. For decades it has been the good and accepted construction practice to mark buried electrical lines, so that workers who are excavating do not accidentally come in contact with a live electrical wire. Also where workers are required to work with electricity, they should be provided with adequate tools and gear that protects them from electrical current. If your loved one was killed on a construction site because they were exposed to unsafe working conditions and were electrocuted, you can sue for wrongful death.
Our Construction Accident Wrongful Death Lawyers Have Decades Of Experience
Our construction accident attorneys who handle fatality cases know the law, and the construction industry. If your loved one was killed in a construction accident, call our attorneys for a free consultation. In our decades of handling construction accidents, we have seen almost every type of accident that can occur on a construction site and can get you and your family the justice you deserve.
Meet Our New York Construction Fatality Lawyers
Michael Joseph
The ‘Pit Bull of the Courtroom’, over 20 years of experience representing workers in industrial accidents, construction workers injured and families of people who suffered wrongful deaths in accidents.
John Tait
A ‘Tough as Nails Litigator’ who has tried cases all over the country and has extensive experience in handling dangerous product personal injury and wrongful death cases.
Clifford Nelson
When experience matters, call Cliff. Cliff is down to earth and one of the most experienced, creative and knowledgeable personal injury and wrongful death lawyers in New York City. Cliff is dedicated to obtaining justice for his clients and will go the extra mile for his clients every time.
For Our Nyc Office
Call (212) 858-0503
For Our Westchester Office
Call (914) 574-8330
What Are The Most Common Types Of Construction Accidents That Result In Fatalities Of Construction Workers
The Company We Tell You- It Was An Accident He Just Fell
Our New York City construction accident lawyers know that it was the contractor’s responsibility to provide adequate fall protection to keep these types of accidents from happening and to protect your husband against gravity.
The Company Will Tell You- He Got Cut With A Saw- It Wan’t Our Fault
Our NYC Construction Accident Lawyers know that every saw and all pieces of moving machinery on construction sites are required to have functional guards to protect construction workers from sharp or moving parts.
The Company Will Tell You He Was Standing In The Wrong Place
Our New York City construction accident lawyers know that it is the contractor’s responsiblity to make sure workers are a safe distance from machinery and that proper signals are used to prevent workers from being accidentally struck by a heavy equipment.
He Just Got Hit Or The Load Dropped- It Was A Sudden Accident- Nothing We Could Do
Our NYC construction accident lawyers know that all loads that are being hoisted are required to have tag lines, so that loads don’t shit for fall and so that they remain under control at all times. There is no unpreventable accident.
Construction Is Dangerous
New York’s Labor Laws and the Industrial Code were enacted to provide protection to construction workers from the inherent dangers in construction. If the contractor cut corners, didn’t provide safe equipment and allowed dangerous conditions or work practices, it isn’t an excuse that construction is dangerous. Learn More About Construction Accident Lawsuits
Consult an Experience New York City Construction Wrongful Death Attorney
No Fee Unless We Win Your Case
At the Law Office of Michael H. Joseph, PLLC, our knowledgeable construction accident and wrongful death lawyers serve the surviving family members of those who lost their lives on building sites throughout New York. Our clients come from Brooklyn, Manhattan, Queens, the Bronx, and Westchester. We have offices conveniently located in Midtown Manhattan and White Plains. If you lost someone close to you as a result of a preventable building site accident, please contact us online or give us a call today at (212) 858-0503 for a consultation in our Manhattan office or at (914) 574-8330, for a consultation in our White Plains office.
What Needs To Be Done Right Away
The first things that need to be done are to determine if your loved one was working on a publicly owned jobsite. This includes properties owned by New York City, New York City Construction Authority, the Port Authority, New York City Transit Authority, the New York City Housing Authority or the White Plains Housing Authority. If so a notice of claim needs to be filed within 90 days of the accident. Likewise if the accident occurred on New York State property, such as while working on a Courthouse, state building or New York State roadway, such as a Department of Transportation project, a Notice of Intent to File a Claim Needs to be served on the Attorney General and Clerk of the Court of Claims. If you do not take these steps, you may be barred from suing, unless you get permission from the Court. Even when our clients come to us after the 90 days, our construction wrongful death lawyers have an outstanding track record, in winning Court approval to file late claims.
What Is The Process For Filing A Wrongful Death Lawsuit For A Construction Accident
New York law requires that wrongful death cases be brought in the name of the Estate of the deceased person. That means that an Estate needs to be set up with the Surrogates Court and that the Surrogate’s Court has to issue letters of administration to an Estate Administrator or appoint an executor. The estate administrator or executor, can bring a lawsuit in the name of the Estate of the deceased person and on behalf of the beneficiaries who are entitled to sue for the financial loss that was caused by the wrongful death. Our New York City and Westchester construction wrongful death lawyers handle every aspect of our wrongful death cases from start to finish. From our Manhattan and White Plains offices our construction fatality attorneys will set up the Estate with the Surrogate’s Court, file any required notices of claim, and file the wrongful death lawsuit.
A Good Lawyer Makes All The Difference
Meet With Our Nyc Construction Accident Lawyers
Our Midtown Manhattan Office
18 West 33rd Street
Suite 400
New York, NY 10001
Tel: (212) 858-0503
Meet With Our White Plains Construction Accident Lawyers
Our White Plains Office
203 East Post Road
White Plains, NY 10601
Tel: (914) 354-3809
