# The Weinstein Law Group > Stay up to date on the latest industry news and find answers to your frequently asked questions with the legal blog from the Weinstein Law Firm. --- ## Pages - [What type of accident kills most construction workers?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-type-of-accident-kills-most-construction-workers/): According to the U. S. Bureau of Labor Statistics (BLS), falls, slips, and trips accounted for 39. 2% (421 fatalities)... - [What if I am partially at fault for my construction accident?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/partial-fault-construction-accident/): Navigating the complexities of liability in construction accidents can be particularly challenging when you share some responsibility for the incident.... - [What if my construction accident was caused by faulty equipment?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/construction-equipment-accidents/): If you’ve been involved in a construction accident caused by faulty equipment, understanding your legal options is crucial for addressing... - [Beating the heat: Protecting construction workers from dehydration and heat-related dangers](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-are-the-risks-of-construction-heat-exhaustion-and-dehydration-injuries/): Working in the intense heat poses significant health risks for outdoor construction workers. Heat exhaustion and dehydration are among the... - [How does my failure to wear personal protective equipment affect my construction injury claim?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/failure-to-wear-personal-protective-equipment/): In the construction industry, wearing personal protective equipment (PPE) is crucial for safeguarding workers against many hazards. However, if you... - [What are my legal options after a buck hoist injury?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-are-my-options-after-a-buck-hoist-injury/): If you’ve been injured in a buck hoist accident on a construction site, it’s crucial to know your rights and... - [How much time do I have to file a construction accident claim in New York?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/how-long-do-i-have-to-file-a-construction-accident-claim-in-new-york/): Understanding New York’s construction accident statute of limitations If you’ve been injured in a construction accident in New York, it’s... - [What are third-party liability claims in construction accident cases?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/third-party-liability-construction/): When someone gets hurt on a construction site, figuring out who is responsible can be tricky, especially when someone other... - [What is New York’s Scaffold Law, and how does it impact construction accident claims?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/new-york-state-scaffold-law/): Enacted in the early 20th century, New York’s Scaffold Law was designed to protect workers involved in building, repairing, or... - [How long do I have to wait to receive my construction accident benefits?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/how-long-does-it-take-to-receive-construction-accident-benefits/): If you’ve been involved in a construction accident, one of your immediate concerns will likely be, “How long do I... - [Can I still pursue a construction injury claim if I’ve returned to work?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/can-i-pursue-an-injury-claim-if-ive-returned-to-work-in-construction/): Many injured workers wonder whether returning to work affects their ability to seek legal recourse for their injuries. The short... - [How can I afford a construction accident lawyer if I’m injured and unable to work?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/how-can-i-afford-a-construction-accident-lawyer/): An injury on a construction site can put significant financial pressure on you and your family, especially if you cannot... - [Lead poisoning in construction: How does it happen? How can I prevent it?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/lead-poisoning-in-construction/): Lead poisoning remains a serious concern in the construction industry, particularly in projects involving renovation, demolition, or maintenance of older... - [How does electrical shock contribute to falls in construction?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/how-does-electrical-shock-contribute-to-falls-in-construction/): A significant but often overlooked risk is how electrical shock contributes to falls in construction sites. The impact of such... - [How many safety officers are required on a construction site?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/how-many-safety-officers-are-required-on-a-construction-site/): The question of how many safety officers are required on a construction site might seem straightforward. Still, it involves carefully... - [What does a construction safety officer do?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-does-a-construction-safety-officer-do/): A construction safety officer plays a critical role in ensuring the well-being of all personnel on-site. For those wondering, “What... - [What’s the number one cause of construction eye injuries?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-is-the-number-one-cause-of-construction-eye-injuries/): Construction eye injuries are a significant concern, often caused by one predominant risk—flying particles and debris. Understanding this risk is... - [What are the steps in a workers’ comp case?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-are-the-steps-in-a-workers-comp-case/): Navigating a workers’ compensation claim can be complex, but understanding the steps in a workers’ comp case is crucial for... - [What should I do after an injury at work?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-to-do-after-an-injury-at-work/): Experiencing an injury at work can be profoundly unsettling—not just physically, but also for the potential upheaval it could cause... - [Why do I need workers’ compensation?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/why-do-i-need-workers-compensation/): Workers’ compensation is about protection and peace of mind. For workers, it’s the security of knowing they are supported if... - [What is workers' compensation in NY?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-is-workers-compensation-in-ny/): Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees injured during employment. This... - [How are schedule loss of use awards calculated in New York workers’ comp?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/how-are-schedule-loss-of-use-awards-calculated-in-new-york-workers-comp/): A Schedule Loss of Use award is a cash benefit provided to compensate for your reduced ability to earn wages... - [Do I need a lawyer for workers’ comp?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/do-i-need-a-lawyer-for-workers-comp/): While you are not required to have a lawyer to file for workers’ compensation in New York, the benefits of... - [What do I need to show to get workers’ comp benefits in New York?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-do-i-need-for-workers-comp/): Navigating New York’s workers’ compensation system can feel like a maze. If you ask yourself, “What do I need for... - [Will workers’ comp offer me a settlement without a lawyer?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/will-workers-comp-offer-a-settlement-without-a-lawyer/): Although you might receive a settlement offer without a lawyer, insurance companies often employ experienced adjusters who minimize the company’s... - [What is a functional capacity evaluation in workers’ comp?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-is-a-functional-capacity-evaluation-in-workers-comp/): As an injured worker in New York City, understanding the functional capacity evaluation (FCE) is crucial in navigating your workers’... - [How long after receiving a workers' comp settlement do I get paid?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/how-long-after-a-workers-comp-settlement-do-i-get-paid/): When you’ve settled your workers’ compensation case, understanding the timeline for payment is crucial, especially when you’re eager to close... - [What is malingering?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-is-malingering/): Malingering in the context of workers’ comp refers to an instance where an employee is suspected of either exaggerating or... - [Does New York workers’ comp cover medical marijuana?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/functional-capacity-evaluation/): In New York City, understanding the interplay between workers’ compensation law and the use of medical marijuana involves navigating a... - [Should I file a lawsuit or a workers’ comp claim in New York?](https://www.twlglawfirm.com/faq/should-i-file-a-workers-comp-claim-in-new-york/): Deciding whether to file a workers’ comp claim or a lawsuit is a significant decision that can impact your ability... - [What are NYC’s construction site safety requirements?](https://www.twlglawfirm.com/faq/nyc-construction-site-safety-requirements/): NYC construction site safety requirements are outlined in the New York City Building Code, alongside mandates from the Department of... - [What are the most common dangers on a construction site?](https://www.twlglawfirm.com/faq/construction-site-danger/): New York City has a big safety issue, and the local government knows about it. In a recent report, the... - [Will my construction case settle out of court in New York?](https://www.twlglawfirm.com/faq/construction-case-settled-out-of-court-in-new-york/): Most personal injury cases, including those related to construction accidents, settle before trial. Whether your construction case will settle out... - [What are the four types of benefits in workers’ comp in New York?](https://www.twlglawfirm.com/faq/four-benefits-of-workers-comp-in-new-york/): In New York, the workers’ compensation system is designed to support employees who suffer work-related injuries or illnesses by providing... - [How long does workers' comp last in NY?](https://www.twlglawfirm.com/faq/how-long-does-wokers-comp-last-in-ny/): In New York, the duration of workers’ compensation benefits can vary significantly depending on the nature and severity of the... - [Why do I need a workers’ comp lawyer?](https://www.twlglawfirm.com/faq/why-do-i-need-a-wokers-comp-lawyer/): Workers’ comp claims are confusing and intimidating on your own, with obstacles such as disputes, denials, and investigators at every... - [When does workers’ comp hire private investigators?](https://www.twlglawfirm.com/faq/workers-comp-hire-private-investigators/): Workers’ compensation benefits employees who are injured or fall ill on the job. In cases where a claim’s legitimacy is... - [What are your options if you get injured on your way to work?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/options-if-you-get-injured-on-your-way-to-work/): The Weinstein Law Group can explain your legal options if you get injured on your way to work. Contact us... - [Does my employer have workers comp? How do I find out?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/does-my-employer-have-workers-comp/): When you’re injured on the job, one of the most pressing concerns is whether your employer carries workers’ compensation insurance.... - [New York City Undocumented Workers’ Comp Attorney](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/undocumented-workers/): As an undocumented worker, you face unique concerns despite these protections. You may fear deportation or retaliation from your employer... - [NYC Volunteer EMS & Firefighter Lawyer](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/volunteer-ems-and-firefighters/): NYC’s volunteer firefighters and emergency medical technicians give their time and put their safety on the line to protect New... - [Workers’ Compensation Claims with Pre-Existing Conditions Lawyer in New York](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/claims-with-pre-existing-conditions/): While New York workers’ compensation laws are in place to protect you, employers and insurance companies are not always ready... - [New York Occupational Disease Attorney](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/occupational-diseases/): Many jobs in New York leave employees with occupational diseases and illnesses. Depending on your illness, you could be facing... - [What are the workers’ compensation laws in New York?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/new-york-workers-compensation-law/): New York state workers’ compensation laws are in place to protect employees who suffer from workplace injuries. They provide essential... - [What are the different statutes of limitation in construction cases?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-are-the-different-statutes-of-limitation-in-construction/): Victims of construction site accidents sometimes have grounds to file an injury claim to collect damages, compensating them for the... - [When does workers’ comp start paying lost wages in New York?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/when-does-workers-comp-start-paying-wages/): Workers’ compensation benefits cover medical costs and part of lost income for employees who sustain an injury at work or... - [What is a mechanic’s lien?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-is-a-mechanics-lien/): A mechanic’s lien is a legal mechanism contractors, suppliers, and other parties can use to ensure payment for a construction... - [NYC Scaffold Accident Lawyer](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/scaffold-accident/): Scaffolding accidents are physically and emotionally traumatizing, leading to long-term consequences and a frighteningly unstable financial future. Though the situation... - [NYC Heavy Equipment and Machinery Accidents Lawyer](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/heavy-equipment-and-machinery-accidents/): Working with heavy equipment and machinery is just part of the job for New York construction workers. But it is... - [NYC Ladder Accident Attorneys](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/ladder-accident/): Most construction sites or fields where ladders should be used must adhere to safety guidelines; this doesn’t always happen. If... - [NYC Hoist Accident Lawyer](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/hoist-accident/): Construction jobs typically involve raising and lowering heavy equipment or materials, so hoists are often essential on construction sites. A... - [Can a subcontractor sue a general contractor if injured on a construction site?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/can-a-subcontractor-sue-a-general-contractor/): A subcontractor may be able to sue a general contractor for injuries that happen on a construction site. To determine... - [New York Forklift Accidents Lawyer](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/forklift-accident/): Forklift accidents are dangerous, and these cases are often complex, unpredictable, and challenging. The attorneys on the other side may... - [New York City Window Washing Accident Attorneys](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/window-washing-accident/): Window-washing accidents occur in both rural and urban areas of the state. These dangerous accidents often cause victims to suffer... - [New York City Construction Site Fall Attorneys](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/construction-site-fall/): Working in the construction industry involves bravery and hard work. It comes with countless hazards and risks, making this industry... - [NYC Trench Collapse Lawyer](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/trench-collapse-lawyer/): Construction sites must be closely monitored under state and federal regulations. Even with the strictest standards, some suffer serious accidents... - [What’s included in a construction site inspection?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/whats-included-in-a-construction-site-inspection/): A construction site inspection examines work quality, safety procedures, risks, and hazards. If you get hurt because an inspection was... - [NYC Falling Object Injuries Attorney](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/falling-object-injuries/): Construction is a vital industry in New York City, and those who work in this field are at higher risk... - [New York Toxic Exposure Attorney](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/toxic-exposure/): Suffering toxic exposure creates a lifetime of challenges to your health and well-being. Toxic chemicals are still very frequently used... - [New York City Electrocution Accidents Lawyer](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/electrocution-accidents/): Certain lines of work are more dangerous than others. One of the most serious types of accidents you can be... - [New York defective construction equipment lawyer](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/defective-construction-equipment/): What happens when a piece of construction equipment fails? These pieces of equipment can be very heavy, highly powerful, and... - [New York construction site slip-and-fall lawyer](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/construction-site-slip-and-fall/): Construction workers may suffer serious injuries after slipping and falling and could even be rendered permanently disabled and unable to... - [NYC Construction Site Car Accident Lawyer](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/construction-site-car-accident/): If you’ve been struck by a car while working your NYC construction job, you could be eligible for compensation from... - [New York Cement and Concrete Burn Injury Attorney](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/cement-burn-injury/): From use in building sidewalks to pouring foundations or crafting concrete blocks, concrete and cement are some of the most... - [New York Building Collapse Attorney](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/building-collapse/): Providing assistance for workers injured in construction site collapses Construction jobs are one of the most dangerous careers in the... - [Can an employer fire you for filing workers’ comp?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/can-an-employer-fire-you-for-filing-workers-comp/): Many people want to file a workers’ compensation claim but fear retaliation from their boss. If you were injured at... - [Can a lawyer settle without my consent?](https://www.twlglawfirm.com/new-york-car-accident-lawyer/settle-without-my-consent/): Accurately calculating your damages and collecting evidence can be a very difficult and complex process. Working with an attorney is... - [New York Fire Accident Lawyer](https://www.twlglawfirm.com/new-york-fire-accident-lawyer/): Accidental fires can be extremely traumatic. In the blink of an eye, a house fire can reduce a home and... - [Thank you](https://www.twlglawfirm.com/thank-you-two/): Thank you for your inquiry. Someone from our team will be in contact with you shortly. - [New York Bicycle Accident Lawyer](https://www.twlglawfirm.com/new-york-bicycle-accident-lawyer/): NYC Bicycle Accident Attorney Were you injured in a bicycle accident? A skilled NYC bicycle accident attorney with our legal... - [Pedestrian Accident](https://www.twlglawfirm.com/new-york-pedestrian-accident-lawyer/): More than 19 million people call New York home. About 8. 4 million of those New Yorkers live in New... - [Winter Injury Prevention on Your Construction Site](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/winter-injury-prevention-on-your-construction-site0-1/): Working construction during the winter presents its own set of hazards. Workplace culture may encourage workers to ignore symptoms - [Construction Site Hazards: Electrocutions](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/construction-site-hazards-electrocutions/): Nearly one in five workplace accidents occur on construction sites. Studies by the United States Occupational Safety & Health - [Construction Site Hazards: Slips and Falls](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/construction-site-hazards-slips-and-falls/): When it comes to dangers on the construction site, gravity is a worker’s greatest enemy. A significant portion of - [My boss refuses to supply us with safety gear, what do I do?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/employer-ppe-requirements/): No matter the reason for your employer’s refusal to provide safety equipment, doing so is a violation of the - [The difference between temporary, partial & total disability in New York](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/the-difference-between-partial-total-and-temporary-disability-in-new-york-workers-compensation-laws/): Workers’ compensation insurance is intended to protect employers and employees in the unfortunate event of a workplace accident. When you... - [What do I do if I get in a car accident while working at my construction job?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-do-i-do-if-i-get-in-a-car-accident-while-working-at-my-construction-job/): Construction car accidents are a very common but not often talked about scenario. An “accident in transit” can refer to... - [Do I have to use sick time for workers' compensation?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/do-i-have-to-use-sick-time-for-workers-compensation/): Workers’ compensation offers financial support for individuals who have been injured or sick due to their job. These injuries - [What do they look for in workers’ compensation investigations?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-do-they-look-for-in-workers-compensation-investigations/): In 2019, insurance companies paid out of $48 million in workers’ compensation insurance claims to over 625,000 filings. That - [What is workers' compensation benefits?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-is-workers-compensation-benefits/): When you are injured on the job in New York, the state government says that you may be entitled - [What does a workers' compensation defense attorney do?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-does-a-workers-compensation-defense-attorney-do/): What does a workers’ compensation defense attorney do? They help you fight for the benefits you deserve. You take - [What does workers’ compensation cover?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-does-workers-compensation-cover/): When you become sick or injured as a direct result of your job, you’ll inevitably ask, “What does workers’ - [Most common construction accidents](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-are-some-common-construction-accident-injuries/): New York City is subtly defined by ongoing construction ringing and humming throughout the five boroughs. While our iconic - [Common Types of Construction Contracts](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-are-some-common-types-of-construction-contracts/): Whether building a new house or expanding a business, sometimes the easiest part of the construction is the actual - [Who is protected by New York labor laws?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/who-is-protected-by-new-york-labor-laws/): The state of New York has many laws and regulations designed to protect workers’ physical and financial health. However, - [How do I prove liability in my construction accident?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/whos-liable-for-my-injuries-after-an-nyc-construction-accident/): Every year, thousands of New York construction workers are injured on the job. According to statistics from the New - [Can Anyone Join a Union?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/can-anyone-join-a-union/): Under rules originally set by the National Labor Relations Act of 1935, every worker in the United States has - [What Significant US Laws Are Unions Responsible For?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-significant-us-laws-are-unions-responsible-for/): Union-backed collective action is responsible for many of the labor protections and laws that currently define our American workforce. - [Can union dues be used for political purposes?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/can-union-dues-be-used-for-political-purposes/): Union members enjoy the advantages of their organization’s bargaining power and increased benefits. However, they may be concerned that - [How Does New York's Scaffolding Law Affect My Injury Claim?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/new-yorks-scaffolding-law/): One of the biggest culprits for construction injuries is gravity. Falls are a major source of severe injury and - [How Long Do Construction Lawsuit Settlements Take?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/how-long-does-a-construction-site-lawsuit-take-to-settle/): Filing a lawsuit after a construction accident injury is the best way to recover all of your medical costs, - [What actions should I take if I sustain an injury due to OSHA safety violations on my construction site?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-should-i-do-if-my-construction-site-isnt-following-osha-safety-standards-and-i-get-hurt-because-of-it/): The employer-employee relationship should be fairly simple. The employee gives their labor in exchange for payment. Along with that - [Can I file a lawsuit against the party responsible for my injury while receiving workers' compensation benefits?](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/workers-compensation-with-lawsuit/): Filing a workers’ compensation claim and accepting a settlement does not prevent you from being able to pursue a - [Statute of Limitations on New York Workers’ Compensation : How Long Do I Have to File a Claim?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/statute-of-limitations-in-construction-accidents/): If you or a loved one has recently been in a construction accident, you’re probably dealing with a lot - [What Damages Are Recoverable in Construction Accident Lawsuits?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/damages-from-construction-injury/): Being involved in a construction accident can have life-changing consequences. You may not only have a serious medical condition - [NY Subcontractor Rights](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/subcontractor-rights/): More construction jobs these days require the use of subcontractors, many of whom have their own subs contracted out - [What to Do if Your Employer Doesn't Have Workers' Comp Insurance](https://www.twlglawfirm.com/new-york-workers-comp-lawyer/no-workers-compensation-insurance-on-construction-site/): Being injured on a construction site can be a serious disruption to your life. When your employer has no - [Can I Sue a Construction Site for Wrongful Death?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/can-i-sue-a-construction-site-for-wrongful-death/): Despite advances in technology and safety standards, a construction site is still one of the most dangerous places to - [How Common Are Construction Site Injuries?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/how-common-are-construction-site-injuries/): Construction site injuries are quite common. Behind farming, construction jobs cause more injuries than any profession. According to - [What Are the Most Common OSHA Violations?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-are-the-most-common-osha-violations/): The Occupational Safety and Health Administration (OSHA) aims to prevent injuries and deaths in risky industries like construction. Unfortunately, - [What are the leading causes of construction site injuries?](https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-are-the-leading-causes-of-construction-site-injuries/): The construction industry has a handful of leading causes of construction site injuries that account for the vast majority --- ## Posts - [How AI dash cams reduce accidents in construction areas](https://www.twlglawfirm.com/blog/how-can-ai-dash-cams-reduce-accidents-in-construction-areas/): Construction is inherently dangerous, and business owners must take every precaution to limit injuries to their workers and the public.... - [What you need to know about unsafe infrastructure injuries](https://www.twlglawfirm.com/blog/unsafe-infrastructure-injuries/): New York has many old buildings, sidewalks, and public spaces. When owners don’t take care of them, serious accidents can... - [What to expect in a construction accident lawsuit](https://www.twlglawfirm.com/blog/construction-accident-lawsuit/): If you were hurt in a construction site accident, it’s important to understand how a construction accident lawsuit works. Understanding... - [Common accidents in construction](https://www.twlglawfirm.com/blog/what-are-some-common-construction-accident-injuries/): Construction work is vital to the growth of New York, but it also comes with serious dangers. From towering scaffolds... - [How often do accidents occur in construction?](https://www.twlglawfirm.com/blog/how-often-do-accidents-occur-in-construction/): Construction accidents in NYC: Frequency, causes, and legal protections In the city that never sleeps, construction never seems to stop... - [Surprising nail gun accident statistics in construction](https://www.twlglawfirm.com/blog/nail-gun-accident-statistics/): Nail gun injuries are alarmingly common in the construction sector. According to the Centers for Disease Control and Prevention (CDC),... - [Construction dust health risks: The dangers of construction dust and what to do if it causes illness](https://www.twlglawfirm.com/blog/construction-dust-health-risks/): Construction dust health risks: The dangers of construction dust and what to do if it causes illness Construction sites are... - [Electrocution hazards in construction](https://www.twlglawfirm.com/blog/electrocution-hazards-in-construction/): When electrocution accidents happen on the job site due to negligence, a New York City electrocution accident lawyer can fight... - [Blaze in Manhattan's Inwood area injures 14, investigation underway](https://www.twlglawfirm.com/blog/inwood-fire-injures-14/): Thirteen people and one firefighter were injured in a fire Tuesday morning in Manhattan’s Inwood neighborhood, according to FDNY officials.... - [Repetitive motion injuries in construction](https://www.twlglawfirm.com/blog/repetitive-motion-injuries-in-construction/): Repetitive motion injuries are prevalent in the construction industry, where tasks are often monotonous and physically demanding. These injuries, also... - [What you need to know about structural failure in buildings](https://www.twlglawfirm.com/blog/structural-failure-in-buildings/): Structural failure in buildings can lead to devastating consequences, from serious structural damage to loss of life. For property owners,... - [What causes scaffolding to collapse?](https://www.twlglawfirm.com/blog/what-causes-scaffolding-to-collapse/): Scaffolding collapses are often caused by poor construction, overloading, inadequate maintenance, or unsafe weather conditions. These failures are especially dangerous... - [What you should know about boom truck accidents in construction](https://www.twlglawfirm.com/blog/boom-truck-accident/): With their versatile crane capabilities, boom trucks are indispensable on many construction sites. However, their size, complexity, and the nature... - [What are some common workers’ comp delay tactics?](https://www.twlglawfirm.com/blog/common-workers-comp-delay-tactics/): Navigating workers’ compensation claims can be challenging, especially when encountering delay tactics employed by insurance companies. Understanding and countering these... - [5 main reasons workers’ comp claims are denied in New York](https://www.twlglawfirm.com/blog/reasons-why-workers-comp-claims-are-denied/): Workers’ compensation claims support injured employees, but not all claims sail through smoothly. In New York, there are several common... - [How to win a workers’ comp appeal in New York](https://www.twlglawfirm.com/blog/how-to-win-a-workers-comp-appeal/): It’s frustrating to have a valid New York workers’ compensation claim denied, but fortunately, many injured workers have the right... - [Situations where pedestrians can be at fault in car accidents](https://www.twlglawfirm.com/blog/pedestrian-at-fault-car-accident/): Surprisingly, pedestrians don’t always have the right of way. In fact, if they fail to follow traffic laws, they can... - [Winter Injury Prevention on Your Construction Site](https://www.twlglawfirm.com/blog/winter-injury-prevention-on-your-construction-site/): Working construction during the winter presents its own set of hazards. Workplace culture may encourage workers to ignore symptoms related... - [Postal Workers to get Panic Buttons for Dog Attacks](https://www.twlglawfirm.com/blog/postal-workers-to-get-panic-buttons-for-dog-attacks/): You might think that being a postal carrier is an easy job. Being outside all the time and not stuck... - [Community Law Day](https://www.twlglawfirm.com/blog/community-law-day/): Community Law Day – The Weinstein Law Group, PLLC “Know Your Rights” – “Everyone Has Rights” View PDF We at... - [Head-on Collision Accidents](https://www.twlglawfirm.com/blog/head-on-collision-accidents/): No driver ever wants to see another car come head-on in their lane. Head-on collisions cause some of the worst... --- # # Detailed Content ## Pages - Published: 2025-09-11 - Modified: 2025-10-15 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-type-of-accident-kills-most-construction-workers/ According to the U. S. Bureau of Labor Statistics (BLS), falls, slips, and trips accounted for 39. 2% (421 fatalities) of all construction work-related deaths in 2024, the most recent year for which data is available. Falls are just one of the “Fatal Four” leading causes of fatalities in the construction industry. Although construction work is by nature more dangerous than most other jobs, it’s still the responsibility of the construction company to reduce the risk of workplace accidents by implementing proper safety measures. If you have been injured in one of these common construction accidents, our New York construction accident lawyer can help protect your rights and ensure you receive all compensation available to you. Breaking down the Fatal Four hazards in construction jobs The Occupational Safety and Health Administration (OSHA) identifies four top dangers at construction sites, known as the “Fatal Four”: worker falls, struck-by accidents, electrocution, and caught-between hazards. These are the leading causes of fatalities on job sites. In a recent year, the Fatal Four caused nearly 60% of all construction deaths. Cause #1: Falls Falls, including falls from heights and falls from ladders, are the leading preventable cause of injury and death on construction sites. Most fatal falls occur from elevated workspaces, such as scaffolding, ladders, and roofs, or due to unprotected edges of the elevated platform or workspace. Fall protection equipment, like harnesses and guardrails, prevents workers from falling, so if your site has them, use them. Report any defective equipment to your foreman.... --- - Published: 2024-10-23 - Modified: 2025-08-11 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/partial-fault-construction-accident/ Navigating the complexities of liability in construction accidents can be particularly challenging when you share some responsibility for the incident. If you find yourself in a situation where you are partially at fault for a construction accident, it’s essential to grasp how this might impact your claims for damages and the legal avenues still open to you. Keep reading to learn more from a skilled New York construction accident lawyer with The Weinstein Law Group. If you were hurt in an incident that wasn’t your fault, call us at (212) 741-3800 to schedule a free consultation. Understanding comparative fault in New York New York operates under a comparative fault system, which means that an injured party can still recover damages even if they are partially at fault for their injuries. However, the compensation you can receive will be reduced by your percentage of fault. For example, if you are found to be 30% responsible for your accident, you can still recover 70% of the awarded damages. Legal considerations for partial fault Workers' compensation claims In most cases, workers' compensation is not affected by fault. This no-fault system ensures that workers injured receive medical coverage and a portion of their wages, regardless of who caused the accident. Therefore, you should still be eligible for workers' compensation benefits even if you are partially at fault. Third-party claims If a third party contributed to the accident — such as an equipment manufacturer or a subcontractor — you might have a viable personal injury... --- - Published: 2024-10-18 - Modified: 2024-10-23 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/construction-equipment-accidents/ If you've been involved in a construction accident caused by faulty equipment, understanding your legal options is crucial for addressing the injuries and losses you've sustained. Keep reading to learn more about accidents related to defective machinery. If you or a loved one were hurt in a construction accident, allow the skilled New York construction accident lawyers with The Weinstein Law Group to assist you in this process. Contact us online or call (212) 741-3800 today. Understanding faulty equipment in construction accidents Faulty construction equipment can include anything from malfunctioning cranes and backhoes to defective power tools and scaffolding. These failures can be due to design defects, manufacturing errors, or inadequate maintenance. Common results are accidents that can cause severe injuries or even fatalities to construction workers. Immediate steps after an accident If you’re involved in an accident caused by faulty equipment: Seek medical attention – Ensure your health is prioritized and obtain documentation of your injuries. Report the accident – Inform your supervisor or site manager immediately. Document everything – Take photos of the faulty equipment and accident scene. Collect names and contact information of witnesses. Preserve the equipment – If possible, ensure that the faulty equipment is secured and preserved after the accident, as it can serve as crucial evidence. Legal options and liability Workers’ compensation claims In New York, workers' compensation covers most construction workers, which provides benefits regardless of fault. These benefits include medical expenses and a portion of your wages if you cannot work due... --- - Published: 2024-10-12 - Modified: 2025-04-07 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-are-the-risks-of-construction-heat-exhaustion-and-dehydration-injuries/ Working in the intense heat poses significant health risks for outdoor construction workers. Heat exhaustion and dehydration are among the most common and dangerous conditions. At The Weinstein Law Group, our New York construction accident lawyers have years of experience protecting workers and helping them hold negligent parties accountable. Contact us online or call (212) 741-3800 to schedule your free consultation. What is construction heat exhaustion? Heat exhaustion occurs when the body overheats in response to external factors like high temperatures, particularly during physical labor. Symptoms include heavy sweating, weakness, cold, pale, clammy skin, a fast pulse, nausea or vomiting, and fainting. It's a precursor to heat stroke, a much more serious condition, indicating that the body struggles to regulate its temperature. Recognizing dehydration risks Dehydration can occur in construction workers when fluid intake is less than the fluid lost from sweating. This can lead to diminished ability to perform physical tasks and increase the risk of heat-related illnesses. Symptoms of dehydration include extreme thirst, less frequent urination, dark-colored urine, fatigue, dizziness, and confusion. Health risks associated with heat exhaustion and dehydration The immediate effects of construction heat exhaustion and dehydration can impair cognitive and muscular functions, increasing the risk of accidents and injuries on construction sites. If not promptly and effectively treated, these conditions can lead to severe complications like heat stroke, kidney failure, or cardiovascular disorders, which might have long-lasting or permanent effects. Preventive measures for managing heat-related risks Construction companies must implement measures to prevent heat exhaustion... --- - Published: 2024-10-01 - Modified: 2024-10-23 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/failure-to-wear-personal-protective-equipment/ In the construction industry, wearing personal protective equipment (PPE) is crucial for safeguarding workers against many hazards. However, if you suffer an injury and it's discovered that you were not wearing the mandated PPE at the time of the accident, this could impact your injury claim significantly. This article, tailored for The Weinstein Law Group clients, explores how failure to wear personal protective equipment can influence the outcomes of construction injury claims in New York. Keep reading for more, then call our skilled New York construction accident lawyers at (212) 741-3800. Understanding the role of personal protective equipment in construction PPE is essential in providing a first line of defense against injuries on construction sites. It includes items like hard hats, safety goggles, gloves, earplugs, and respirators, all designed to protect workers from specific risks associated with construction tasks. Under New York State law, employers must provide suitable PPE to all workers and ensure its use on job sites. Legal implications of not wearing PPE In New York, workers' compensation is a no-fault system, meaning workers can receive benefits for work-related injuries regardless of who is at fault. However, failure to wear personal protective equipment when required can complicate these claims. While it may not disqualify you from receiving workers' compensation benefits, the amount awarded could be reduced if it is found that your negligence contributed to the severity of the injury. If you decide to pursue a third-party liability claim against a contractor or equipment manufacturer, the issue of... --- - Published: 2024-09-21 - Modified: 2024-10-22 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-are-my-options-after-a-buck-hoist-injury/ If you've been injured in a buck hoist accident on a construction site, it's crucial to know your rights and the steps you can take to ensure you're properly compensated. Here, we'll explain your options in straightforward terms, with insights tailored for clients of The Weinstein Law Group. If you or a loved one were hurt on a work site, call our New York construction accident lawyers at (212) 741-3800. We look forward to hearing from you. What to know about buck hoist injuries A buck hoist is like a temporary elevator used on large construction projects to move workers and materials between floors. While they're incredibly useful, they can also be dangerous if something goes wrong due to mechanical issues, mistakes in how they're operated, or poor maintenance. What types of injuries are common in buck hoist accidents? Buck hoist accidents on construction sites can result in a variety of injuries, ranging from minor to severe, depending on the circumstances of the accident. Here are some common types of injuries that can occur: Falls – Injuries from falls can include fractures, head injuries, spinal injuries, and in severe cases, fatalities. Crush injuries – If the buck hoist malfunctions or if there's a failure in the hoisting mechanism, materials or the hoist itself may drop, causing crush injuries to workers below. These injuries can be extremely severe, including broken bones, internal injuries, and traumatic amputation. Struck-by injuries – Workers may be struck by objects falling from a buck hoist, especially... --- - Published: 2024-09-12 - Modified: 2025-10-09 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/how-long-do-i-have-to-file-a-construction-accident-claim-in-new-york/ Understanding New York’s construction accident statute of limitations If you've been injured in a construction accident in New York, it's crucial to understand the timeline for filing a claim to secure compensation. Known as the "statute of limitations," these legal deadlines dictate how long you have to initiate a lawsuit after an accident. Knowledge of the New York construction statute of limitations is essential for those navigating these complex situations. For more information, call our New York construction accident lawyers at (212) 741-3800. Statute of limitations for construction accident claims in New York General guidelines In New York, the statute of limitations for personal injury claims, including construction accidents, is generally three years from the date of the accident. This means you have three years from the day you were injured at a construction site to file a lawsuit against those responsible for your injuries. Exceptions and special cases There are several exceptions to this general rule that might extend or shorten this period: Discovery rule – If the injuries were not discovered right away, and could not reasonably have been discovered, New York law allows the statute of limitations to begin from the date the injury was or should have been discovered. Government entities – If your injury involves a municipal or state-owned property, or if the defendant is a government entity, you may need to file a notice of claim within 90 days of the incident, and you often have only one year and 90 days to file... --- - Published: 2024-09-02 - Modified: 2024-10-22 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/third-party-liability-construction/ When someone gets hurt on a construction site, figuring out who is responsible can be tricky, especially when someone other than your employer might be to blame. This is where third-party liability claims come into play, helping injured workers seek compensation beyond what workers' compensation provides. Here, our skilled New York construction accident lawyers break down what third-party liability means in construction accidents. Keep reading for more, then call (212) 741-3800 to schedule a free consultation. Why is filing a third-party liability claim a good idea? Workers' compensation helps cover medical bills and lost wages, but it often doesn't fully compensate for all damages like pain and suffering or complete loss of future earnings. Third-party liability claims allow workers to pursue additional compensation from others who might be responsible for their injuries, not just their employers. One of the main reasons for pursuing a third-party claim is the chance to get more comprehensive compensation than what workers' compensation alone can offer. These claims can provide money for full pain and suffering, potential punitive damages, and other losses not covered by workers' comp. Who might be responsible? In construction, 'third parties' could include several types of people or companies besides your employer, such as: Equipment manufacturers – If faulty machinery causes an accident, the company that made the equipment could be sued. Property owners – The property owner might be liable if the accident happened because of unsafe conditions. Contractors and subcontractors – If these groups didn't keep the workplace safe,... --- - Published: 2024-08-18 - Modified: 2024-10-22 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/new-york-state-scaffold-law/ Enacted in the early 20th century, New York's Scaffold Law was designed to protect workers involved in building, repairing, or demolishing buildings or other structures. It requires contractors, owners, and their agents to provide proper scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices to ensure workers' safety. Keep reading to explore the nuances of New York’s Scaffold Law and how it significantly influences construction accident claims across the state. Call our New York construction accident lawyers at (212) 741-3800 if you or a loved one were hurt. Liability under the Scaffold Safety Law New York City’s Scaffold Law law imposes absolute liability on employers and property owners for any gravity-related injuries that workers suffer due to inadequate or unsafe scaffolding and other equipment. If the equipment provided fails to conform to safety standards or is not operated safely, and a worker is injured, the employer or property owner can be held liable for damages without the injured party proving negligence. Overview of proving negligence To successfully prove negligence, the injured party (plaintiff) must establish four key elements: Duty of care – The plaintiff must show that the defendant had a legal obligation to act with care toward them. For instance, drivers must operate their vehicles safely to avoid harming others. Breach of duty – Next, it must be demonstrated that the defendant failed to fulfill their duty of care. This could be through action (e. g. , running a red light) or inaction (e.... --- - Published: 2024-08-02 - Modified: 2024-08-02 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/how-long-does-it-take-to-receive-construction-accident-benefits/ If you've been involved in a construction accident, one of your immediate concerns will likely be, "How long do I have to wait to receive my construction accident benefits? " The answer can vary based on several factors, including the specifics of your case and the efficiency of the claims process. Keep reading for insights from the New York construction accident lawyers of The Weinstein Law Group, then call (212) 741-3800 for strong legal guidance. Initial steps after a construction accident Reporting the accident After experiencing a construction accident, the first crucial step is to report the injury to your employer. New York law requires that this report be made as soon as possible, ideally within 30 days of the accident. Prompt reporting not only ensures compliance but also facilitates a quicker initiation of the claims process. Seeking medical attention It's also essential to seek immediate medical treatment, which addresses your health needs and provides vital documentation for your benefits claim. The medical report should detail the extent of your injuries and the expected course of treatment. Filing your workers' compensation claim Submission of the claim In New York, you must file a workers' compensation claim by submitting Form C-3 to the New York State Workers' Compensation Board as soon as possible after the accident, ideally within two years from the date of the injury. This form initiates your claim with the board. The waiting period Processing the claim Once your claim is filed, the insurance company has 14 days... --- - Published: 2024-07-31 - Modified: 2024-08-02 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/can-i-pursue-an-injury-claim-if-ive-returned-to-work-in-construction/ Many injured workers wonder whether returning to work affects their ability to seek legal recourse for their injuries. The short answer is yes, you can still pursue a claim, and here’s why it’s important to consider doing so. Keep reading for more from our skilled New York construction accident lawyers. If you were hurt on the job, don’t hesitate to contact us online or call (212) 741-3800 today. Impact of returning to work on your claim Returning to work does not remove your right to seek compensation for your injuries. The compensation is not just for lost wages but also for medical expenses, pain and suffering, and any potential long-term effects of your injuries that may not be immediately apparent. Why pursue a claim after returning to work? Covering medical costs and future care Medical treatments for injuries sustained on construction sites can be extensive and expensive. Even if you’ve returned to work, ongoing care or future treatments such as surgeries or physical therapy might still be necessary. A successful injury claim can help cover these costs, ensuring you don’t have to handle them out-of-pocket. Compensating for partial disabilities Sometimes, injuries lead to partial disability, limiting your ability to perform certain tasks or requiring a shift to a less demanding role. If these changes reduce your earning potential, pursuing a claim can help compensate for the loss, even if you have resumed work. Addressing delayed symptoms Certain injuries might have delayed symptoms that worsen over time or become apparent only... --- - Published: 2024-07-26 - Modified: 2024-08-02 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/how-can-i-afford-a-construction-accident-lawyer/ An injury on a construction site can put significant financial pressure on you and your family, especially if you cannot work. You may wonder, "How can I afford a construction accident lawyer? " This concern is common among construction workers facing potential legal battles for compensation and benefits. Here’s how you can secure legal representation during such challenging times with the help of a New York construction accident lawyer from The Weinstein Law Group. No upfront costs A contingency fee arrangement is one of the primary ways you can afford a construction accident lawyer without upfront costs. This payment structure is particularly common in personal injury and workers' compensation cases. Under a contingency fee agreement, your lawyer only gets paid if you win your case or settle out of court. The fee is typically a percentage of the compensation awarded, usually ranging from 25% to 40%, depending on the complexity of the case and the agreement with your attorney. Benefits of contingency fee arrangements Contingency fees align the interests of you and your lawyer: both parties are motivated to maximize the compensation received from the case. This arrangement also makes legal services accessible to those who might not otherwise afford them, ensuring you receive skilled representation to advocate effectively for your rights without any financial burden upfront. Additional legal costs While the contingency fee covers the lawyer’s services, other legal costs may arise, such as court filing fees, obtaining medical records, and expenses related to expert witnesses. Many law firms,... --- - Published: 2024-07-23 - Modified: 2025-10-09 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/lead-poisoning-in-construction/ Lead poisoning remains a serious concern in the construction industry, particularly in projects involving renovation, demolition, or maintenance of older buildings that predate the 1978 lead-based paint ban. Here, we'll explore the topic of lead poisoning in construction, focusing on prevention, legal standards, and workers' rights. If you suffer from symptoms of lead poisoning and suspect your employer may be to blame, contact the New York construction accident lawyers with The Weinstein Law Group today. Sources of lead on construction sites Lead exposure in construction can occur through several routes, most notably during activities like sanding, cutting, and demolition that disturb lead-based paints or when handling lead-contaminated materials like old pipes and fixtures. Lead dust can be inhaled or ingested if it settles on hands, food, or clothing, posing significant health risks. Health risks of lead poisoning The health implications of lead poisoning are severe and can have both immediate and long-term effects. Lead can affect almost every organ and system in the body. Common symptoms include abdominal pain, constipation, lethargy, and irritability. Long-term exposure can lead to more serious outcomes like kidney damage, cognitive dysfunction, and reproductive issues. Reducing the risk of lead poisoning Preventing lead poisoning starts with identifying potential lead hazards before beginning work. Employers are responsible for testing for lead, especially in buildings constructed before 1978. If lead is present, employers must follow specific safety protocols, which include: Providing proper personal protective equipment (PPE), such as respirators and disposable clothing. Ensuring proper containment and ventilation systems... --- - Published: 2024-07-19 - Modified: 2024-08-02 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/how-does-electrical-shock-contribute-to-falls-in-construction/ A significant but often overlooked risk is how electrical shock contributes to falls in construction sites. The impact of such incidents can be severe, leading not only to the initial injury from the shock but secondary injuries from falls. Here’s a closer look at the relationship between electrical shock and falls. If you or a loved one were hurt on a job site, the skilled New York construction accident lawyers at The Weinstein Law Group are here to help. Contact us online or call (212) 741-3800 to schedule your free consultation. The dynamics of electrical shock and falls Immediate physical reactions to electrical shock When a construction worker experiences an electrical shock, the body's natural response can trigger involuntary reactions. Muscles may suddenly contract, or the shock can lead to losing control. These reactions can easily destabilize workers, particularly if they are on a ladder, scaffolding, or a high surface, leading to a fall. This type of incident is concerning because it combines the dangers of electrical injury with the potential for severe trauma from a fall. Secondary consequences of electrical shocks The risk of falling after an electrical shock is compounded by the height and complexity of the environment where many construction workers operate. For example, electricians working on wiring or power lines are already in potentially precarious positions. An electrical shock not only endangers them with burns or cardiac arrest but also dramatically increases the risk of a significant fall, potentially leading to more complex and severe injuries.... --- - Published: 2024-07-14 - Modified: 2024-08-02 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/how-many-safety-officers-are-required-on-a-construction-site/ The question of how many safety officers are required on a construction site might seem straightforward. Still, it involves carefully considering various factors, including project size, the complexity of tasks, and specific safety risks. In bustling New York, where construction projects dot the skyline, understanding these requirements is essential for maintaining a secure working environment. Let's dive into how the skilled New York construction accident lawyers with The Weinstein Law Group can help navigate these crucial decisions. Factors influencing the number of safety officers on a site Size and complexity of the project Larger construction projects typically require more comprehensive safety oversight, which can mean multiple safety officers. These professionals are tasked with monitoring different aspects of the site, such as heavy machinery operation, electrical safety, and high-altitude work. Nature of the work The specific nature of the work being performed also affects the number of safety officers needed. Projects with higher inherent risks, such as those involving demolition or hazardous materials, might require additional safety personnel to manage the increased risk level effectively. State and federal regulations In New York, while no specific statute dictates the exact number of safety officers per construction site, general safety regulations do apply. These regulations mandate that all construction sites be managed to ensure the safety and health of all workers. The Occupational Safety and Health Administration (OSHA) provides guidelines and standards to help employers determine adequate site safety coverage. New York-specific safety requirements In New York, construction sites must comply with both... --- - Published: 2024-07-06 - Modified: 2024-08-02 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-does-a-construction-safety-officer-do/ A construction safety officer plays a critical role in ensuring the well-being of all personnel on-site. For those wondering, "What does a construction safety officer do? " Here’s an in-depth look at their responsibilities and the vital role they play in maintaining a safe construction environment. Keep reading for more from our New York construction accident lawyers. If you or a family member were hurt on a construction site, call us at (212) 741-3800 today. Key responsibilities of a construction safety officer Developing and implementing safety programs One of the primary duties of a construction safety officer is to develop and implement comprehensive safety programs tailored to specific site needs. These programs include guidelines and procedures to minimize the risk of accidents and injuries. They address common construction-related hazards such as falls, equipment use, electrical risks, etc. Conducting regular site inspections Regular site inspections are crucial for preemptively identifying potential hazards and ensuring compliance with company safety policies and legal safety standards. A construction safety officer meticulously checks equipment, scaffolding, electrical installations, and other critical areas to ensure they meet safety regulations. Providing safety training A significant part of a construction safety officer’s role involves training site workers on various safety topics, including proper equipment use, emergency procedures, and best practices for safety. This training helps reduce the risk of accidents and ensures that workers know how to respond effectively in an emergency. Maintaining compliance with safety regulations Construction safety officers must ensure construction sites comply with local, state, and... --- - Published: 2024-06-30 - Modified: 2024-08-02 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-is-the-number-one-cause-of-construction-eye-injuries/ Construction eye injuries are a significant concern, often caused by one predominant risk—flying particles and debris. Understanding this risk is crucial for implementing effective protective measures and ensuring the safety of construction workers. Join our New York construction accident lawyers as we examine why these particles are dangerous and explore the best strategies for shielding workers from harmful exposures. How flying particles cause injuries Various activities on construction sites, such as cutting, grinding, sanding, and demolition, can propel small particles into the air. These particles can be made of wood, metal, glass, concrete, or other materials commonly found on construction sites. These particles can strike a worker's eyes without adequate eye protection, leading to scratches, punctures, or more severe ocular damage. Preventing construction eye injuries Importance of protective eyewear The simplest and most effective way to prevent eye injuries from flying particles is by using appropriate safety eyewear. Safety glasses with side shields, goggles, and face shields are crucial protective barriers that can significantly reduce the incidence of eye injuries. The Occupational Safety and Health Administration (OSHA) mandates the use of eye and face protection whenever there is a reasonable probability of injury that could be prevented by such equipment. Training and awareness Another key factor in preventing construction eye injuries is educating workers about the risks and the importance of consistently wearing eye protection. Regular safety training sessions should include information on the types of eye protection suitable for various tasks, how to wear and care for the protective... --- - Published: 2024-06-24 - Modified: 2024-06-24 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-are-the-steps-in-a-workers-comp-case/ Navigating a workers' compensation claim can be complex, but understanding the steps in a workers' comp case is crucial for anyone injured on the job in New York. Here’s a detailed guide tailored to help you manage your case effectively, with expert insights from The Weinstein Law Group. If you or a loved one were hurt at work, call a New York workers’ compensation lawyer at (212) 741-3800 today. Step 1: Report the injury The first and most critical of the steps in a workers' comp case is to report your injury to your employer as soon as possible. New York law requires that this report be made within 30 days of the injury or the realization that an injury is work-related. This step is crucial because failing to report the injury promptly could jeopardize your ability to receive compensation. Step 2: Seek medical treatment Seek medical attention immediately after the injury. Inform the healthcare provider that the injury is work-related, and ensure that they document everything in detail, as this medical report will play a crucial role in your workers' compensation claim. In New York, you generally have the right to choose your doctor unless your employer participates in a Preferred Provider Organization (PPO) for workers' compensation cases. Step 3: File a workers' compensation claim The next critical step involves officially filing your claim by submitting Form C-3 to the New York State Workers' Compensation Board. This form should be filed as soon as possible but no later than... --- - Published: 2024-06-24 - Modified: 2024-06-24 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-to-do-after-an-injury-at-work/ Experiencing an injury at work can be profoundly unsettling—not just physically, but also for the potential upheaval it could cause in your life and career. It’s vital to know exactly what steps to take following a workplace injury to safeguard your rights and secure the compensation you deserve. Keep reading for a step-by-step guide from our skilled New York workers’ compensation lawyers. 1. Report the injury immediately The first step after sustaining an injury at work is to report it to your employer or supervisor as soon as possible. New York law requires that the injury be reported within 30 days of the accident or from the date you became aware of a work-related illness, not to jeopardize your workers' compensation benefits. Ensure that your report is documented in writing and includes specifics about what happened and how it occurred. It is also advisable to keep a copy of this report for your records. 2. Seek medical attention Prompt medical attention is critical for your health and forms the basis of your workers' compensation claim. When you visit a healthcare provider, mention that your injury is work-related and provide your employer's name. In New York, you generally have the right to choose your doctor unless your employer or insurance provider has a Preferred Provider Organization (PPO). You can find more information on healthcare provider rights under New York workers' compensation law. 3. Document everything Keep detailed records of everything related to your injury and treatment: Dates and details of medical... --- - Published: 2024-06-24 - Modified: 2024-06-24 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/why-do-i-need-workers-compensation/ Workers’ compensation is about protection and peace of mind. For workers, it's the security of knowing they are supported if the unexpected happens. For employers, it's about managing risk and protecting their business against potential lawsuits. Understanding the depth and breadth of these benefits is key to getting the compensation you deserve. If you were hurt at work, call our skilled New York workers’ compensation lawyers at (212) 741-3800. The fundamental benefits of workers' compensation Financial protection for employees At its core, workers' compensation provides essential financial protection to employees. Suppose you're injured on the job or develop an occupational disease. In that case, this coverage ensures that you receive medical care and compensation for a portion of the income lost due to your injury or illness. This system helps you focus on recovery without the stress of medical bills or lost wages hanging over you. Legal coverage for employers Employers need workers' compensation for legal protection. Workers' compensation insurance shields businesses from most lawsuits by injured employees. In exchange for accepting workers' comp benefits, employees typically forfeit the right to sue their employer. This trade-off helps balance protecting employee rights and limiting employer liabilities. Streamlined claims process The workers' compensation system is designed to provide quick and efficient benefits to injured workers, avoiding the need for lengthy and costly court proceedings. This streamlined process benefits everyone involved—employees receive benefits more quickly, and employers can manage costs effectively without the uncertainties of litigation. Specific advantages of the New York workers’... --- - Published: 2024-06-24 - Modified: 2024-06-24 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-is-workers-compensation-in-ny/ Workers' compensation is a form of insurance that provides wage replacement and medical benefits to employees injured during employment. This system aims to protect workers from the financial hardships associated with work-related injuries or illnesses while protecting employers from lawsuits by injured employees. If you were hurt at work, contact the skilled New York workers’ compensation lawyers with The Weinstein Law Group. Call (212) 741-3800 or contact us online to schedule your free consultation. 1. Coverage and eligibility Virtually all employers in New York State must provide workers' compensation coverage for their employees. This includes full-time and part-time employees, family members, and volunteers working for for-profit businesses. The coverage begins on the employee's first day of employment. It is supposed to cover all medical costs for on-the-job injuries and compensation for lost wages after a short waiting period. 2. Benefits provided Medical care Employees are entitled to necessary medical treatment directly related to the original injury or illness and the recovery from his/her disability. Wage replacement Employees who cannot work following a work-related injury are eligible to receive cash benefits, a portion of their average weekly wage, typically two-thirds multiplied by the percentage of their disability. Survivor (death) benefits If a work-related injury results in death, the worker's dependents may receive death benefits, akin to life insurance, to help cover the financial burden. 3. Process for filing a claim To initiate a workers' compensation claim in New York, an injured worker must: Notify their employer about the injury and how... --- - Published: 2024-06-05 - Modified: 2024-06-24 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/how-are-schedule-loss-of-use-awards-calculated-in-new-york-workers-comp/ A Schedule Loss of Use award is a cash benefit provided to compensate for your reduced ability to earn wages when you have a permanent functional impairment of a body part due to an injury sustained at work. Our New York workers’ compensation lawyers are here to help you anticipate the benefits you might receive and ensure you're fairly compensated. Call (212) 741-3800 or contact us online to schedule your free case consultation. What is a schedule loss of use award? Schedule Loss of Use awards are calculated as a percentage of loss that is then applied to a predetermined schedule set by New York workers' compensation laws. In New York, SLU awards may be granted for the following injuries: Arm (shoulder and elbow) Hand (wrist and forearm) Fingers and/or thumb Leg (hip and knees) Foot (ankle) Toes and/or great toe Eyesight (loss of vision) Hearing (loss of hearing) Disfigurement (face/scar, neck, scalp) The calculation process Step 1: Medical evaluation The first step in calculating an SLU award in NY involves a thorough medical evaluation once the worker has reached maximum medical improvement (MMI), meaning their condition is unlikely to improve any further. A doctor will assess how much the injury impairs the functionality of the body part involved. Step 2: Determining the percentage of impairment Based on the medical evaluation, the doctor assigns a percentage that represents the level of permanent impairment. This percentage reflects the extent to which the normal use of the body part has been lost.... --- - Published: 2024-05-29 - Modified: 2024-06-24 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/do-i-need-a-lawyer-for-workers-comp/ While you are not required to have a lawyer to file for workers' compensation in New York, the benefits of having one are clear. Working with a skilled attorney increases your chances of a successful outcome and potentially greater benefits. Don’t go it alone – work with a New York workers’ compensation lawyer from The Weinstein Law Group and maximize your workers’ compensation benefits. Call (212) 741-3800 or contact us online to schedule your free consultation today. Filing without a lawyer Technically, you can file for workers' compensation in New York on your own. The process involves reporting your injury to your employer, seeking medical treatment, and submitting a claim form to the New York State Workers' Compensation Board. These steps might seem straightforward, but the reality is often more complicated. The role of a lawyer in New York workers' comp claims A lawyer specializing in workers' compensation can navigate the complexities of the law, handle the paperwork, and ensure that your claim meets all the statutory requirements. A lawyer's legal expertise is invaluable, especially in cases where claims are denied, or disputes arise regarding the benefits. Benefits of having a lawyer Maximizing your benefits One of the primary reasons to consider hiring a lawyer is to ensure that you receive all the benefits you are entitled to. Lawyers experienced in workers comp understand how to calculate the benefits based on your injuries accurately and can argue effectively if the insurance company attempts to minimize your compensation. Handling disputes and... --- - Published: 2024-05-22 - Modified: 2024-06-24 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-do-i-need-for-workers-comp/ Navigating New York's workers' compensation system can feel like a maze. If you ask yourself, "What do I need for workers' comp? " you're in good company. Many workers are puzzled over the steps and documentation required to secure a claim successfully. Keep reading for everything you need to show to qualify for workers' comp benefits in New York, ensuring you're well-equipped to move forward with your claim. When you’re ready to start, contact our New York workers’ compensation lawyers for a free consultation. Key requirements for workers' comp eligibility Report the injury promptly One of the first and most crucial steps you need to take after sustaining an injury at work is to report it to your employer. New York law requires that this report be made within 30 days of the accident or 30 days of realizing the injury was caused by work. This report should be in writing, detailing the injury and how it occurred. Documentation from healthcare providers Comprehensive medical documentation is crucial for proving your claim. Ensure that the health care provider notes that your injury is work-related. The medical report from your initial visit will serve as key evidence for your claim, detailing the extent and likely cause of your injuries. You should also collect all ongoing medical assessments and any treatments or medications prescribed to you by the doctor. Form C-3 To officially start your workers' comp claim, you must file a Form C-3 with the New York State Workers' Compensation Board. This... --- - Published: 2024-05-15 - Modified: 2024-06-24 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/will-workers-comp-offer-a-settlement-without-a-lawyer/ Although you might receive a settlement offer without a lawyer, insurance companies often employ experienced adjusters who minimize the company's payouts. Without a thorough understanding of the law and the actual value of your claim, you risk accepting a settlement that may not fully compensate you. Contact our New York workers’ compensation lawyer and see why having skilled legal representation can significantly impact the process and outcome. Understanding workers' comp settlements in New York In New York, you are not legally required to have a lawyer to settle your workers' compensation claim. Workers can negotiate directly with the insurer or their employer's workers' compensation carrier and even reach a settlement approved by the New York State Workers' Compensation Board. However, understanding the full legal implications of a settlement and ensuring it meets all your needs can be challenging without legal expertise. Risks of handling your claim alone Without having an attorney, you may be pressured into accepting a lower settlement. Insurance adjusters can be persuasive, especially when claimants are unfamiliar with their rights and the potential value of their claims. Our workers’ compensation lawyers are skilled in calculating adequate compensation and can negotiate effectively with insurance carriers. Benefits of legal representation Maximizing your settlement One of the key benefits of having legal representation by organizations like The Weinstein Law Group is the assurance that your settlement will accurately reflect the true cost of your injuries. Experienced attorneys like those at The Weinstein Law Group bring a deep understanding of New... --- - Published: 2024-05-08 - Modified: 2024-05-08 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-is-a-functional-capacity-evaluation-in-workers-comp/ As an injured worker in New York City, understanding the functional capacity evaluation (FCE) is crucial in navigating your workers' compensation claim. An FCE is a detailed assessment designed to evaluate your physical and sometimes cognitive capabilities after a work-related injury or illness. This evaluation helps determine how your condition impacts your ability to perform specific work-related tasks. Purpose of the functional capacity evaluation The primary aim of the functional capacity evaluation is to objectively assess your ability to perform tasks essential to your job. Consider it a reality check for your work capabilities, like a coach assessing an athlete's fitness level to determine what positions they can play effectively. Components of the evaluation During the FCE, you might be asked to perform various physical tasks such as lifting weights, walking, or bending. These activities closely resemble the tasks you normally perform at work, providing a clear picture of your functional limitations and abilities. Your legal rights and the FCE As part of the New York City workers' compensation process, the results of your functional capacity evaluation play a pivotal role in several key areas: Return to work decisions: The FCE provides evidence about whether you can safely return to your original job or if you require modifications to your work duties. Like a roadmap, it helps chart the best course for your employment after an injury. Disability determination: The evaluation helps quantify how much your injury impacts your ability to work, which is essential for determining your eligibility for... --- - Published: 2024-05-08 - Modified: 2024-05-08 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/how-long-after-a-workers-comp-settlement-do-i-get-paid/ When you've settled your workers' compensation case, understanding the timeline for payment is crucial, especially when you're eager to close this chapter and focus on recovery. Here’s how the payment process typically unfolds under New York City workers' compensation law. If you have any questions about the process, contact The Weinstein Law Group for answers. The settlement agreement First, it’s important to know that a settlement isn't official until it's been approved. Think of it like crossing the finish line in a marathon; the race isn't over until you've crossed that line. In the case of workers' comp, this finish line is approved by the Workers' Compensation Board. This approval process can vary in length but generally takes a few weeks. During this time, all parties agree that the settlement amount is fair and the terms are clear. Approval process Once all parties agree upon the settlement, it must be submitted to the New York Workers' Compensation Board for approval. This is like sending in your completed exam for a final grade. The board reviews the settlement to ensure it meets all legal requirements and adequately covers your needs. This approval process typically takes anywhere from 30 to 90 days. It's necessary to ensure everything is in order, much like how a building inspector must approve a new structure before it can be occupied. Receiving your payment After the board approves the settlement, the insurance company typically gives 10 days to issue the payment. This part of the process is... --- - Published: 2024-05-08 - Modified: 2024-05-08 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-is-malingering/ Malingering in the context of workers' comp refers to an instance where an employee is suspected of either exaggerating or fabricating the extent of their injuries to receive benefits. Think of it as someone pretending to be sick to avoid a test at school, but in the adult world, it involves pretending to be injured to gain financial advantages. If you were hurt at work, you can imagine how hurtful and degrading accusations of malingering can be. With the help of a skilled New York workers’ compensation lawyer, you can show beyond doubt you were injured and recover every penny of the money owed you. What does malingering look like? Identifying malingering is akin to a detective examining clues to determine whether a crime has been committed. Workers' comp cases might involve surveillance, medical examinations by independent doctors, or reviewing inconsistencies in the employee's injury reports. For instance, if an employee claims severe back pain that allegedly prevents them from working but is then seen doing heavy lifting during off-hours, this might raise suspicions of malingering. Legal implications Under New York City workers' compensation law, malingering can have serious legal implications if it is suspected. Just as falsely pulling a fire alarm in a crowded theater can lead to criminal charges, malingering can lead to denial of workers' compensation claims, repayment of unentitled benefits, and potentially even fraud charges. How The Weinstein Law Group can help At The Weinstein Law Group, navigating the complexities of suspected malingering cases is a... --- - Published: 2024-05-08 - Modified: 2024-05-08 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/functional-capacity-evaluation/ In New York City, understanding the interplay between workers' compensation law and the use of medical marijuana involves navigating a complex legal landscape. The Weinstein Law Group, well-versed in these matters, can provide crucial guidance, particularly in light of recent court clarifications. Here’s an updated look at the situation concerning NY workers' comp and medical marijuana. Legal requirements for medical marijuana in workers' comp The New York courts have specified that for medical marijuana to be included in the medical treatment under workers' compensation, a variance must be obtained. This is akin to getting a special permit before starting construction work in the city. The prescribing physician must complete an MG-2 variance form to request this permission. This form is a critical first step and can be accessed online: MG-2 Variance Form. Importance of timing in treatment The timing of when medical marijuana treatment begins is crucial in the eyes of the law. The court has indicated a clear distinction between using medical marijuana before receiving the board’s variance and after. They have noted that variance requests are generally rejected if the claimant begins treatment with medical marijuana before submitting the variance form. However, they have made exceptions, particularly if the early use of medical marijuana significantly reduces pain and decreases reliance on opioids. Recognition of medicinal value The courts have acknowledged the medicinal benefits of marijuana, especially its efficacy in treating chronic pain and reducing dependence on opioids. This recognition is important—it’s like acknowledging that a new building method... --- - Published: 2024-04-19 - Modified: 2024-04-19 - URL: https://www.twlglawfirm.com/faq/should-i-file-a-workers-comp-claim-in-new-york/ Deciding whether to file a workers' comp claim or a lawsuit is a significant decision that can impact your ability to receive compensation for a work-related injury or illness. The right path depends on the specifics of your situation, including the type and severity of the injury and how it occurred. Our New York workers’ compensation lawyer can help if you were hurt at work. Call (212) 741-3800 to schedule your free consultation. Understanding workers' comp claims Workers' compensation is a form of insurance that provides wage replacement and medical benefits to employees injured during employment. In exchange for these benefits, employees typically forfeit their right to sue their employer for negligence. Here are some key points to consider. Pros of filing a workers' comp claim Quick access to benefits – Workers' comp is designed to provide quick financial assistance and cover medical expenses related to your work injury, helping you recover and return to work sooner. Coverage for various injuries – Workers' comp covers various injuries and illnesses, from acute injuries like broken bones to repetitive stress injuries and occupational diseases. No need to prove fault – To receive benefits, you don't need to prove your employer was at fault for your injury. If you were injured while performing work-related duties, you are generally covered. Cons of filing a workers' comp claim Limits on compensation – Workers' comp does not provide compensation for pain and suffering; the benefits you receive for lost wages are only a portion of your... --- - Published: 2024-04-19 - Modified: 2024-04-19 - URL: https://www.twlglawfirm.com/faq/nyc-construction-site-safety-requirements/ NYC construction site safety requirements are outlined in the New York City Building Code, alongside mandates from the Department of Buildings (DOB) and adherence to Occupational Safety and Health Administration (OSHA) standards. This multi-layered approach reflects the unique challenges of urban construction, addressing everything from worker training to public protection. Here's an overview of the key safety requirements. If you think you may have a New York construction accident case, contact The Weinstein Law Group at (212) 741-3800. RESOURCE Project Requirements: Work Site Safety Requirements for Construction Activity (NYC Buildings) Worker training and certification NYC mandates Site Safety Training for construction workers and supervisors to reduce job site hazards and improve safety. Workers must complete the OSHA 10-hour construction safety course, while supervisors must complete the OSHA 30-hour course. Fall protection The city requires construction sites to implement comprehensive fall protection systems for workers at heights. This includes guardrails, safety nets, personal fall arrest systems, and covers for holes where workers might fall through. Detailed fall protection plans must be developed for work at significant heights, outlining all preventive measures. Scaffolding safety Scaffolds must adhere to stringent safety standards for construction, use, and inspection. Workers must receive training on scaffold safety, and a competent person must inspect scaffolds before use. Cranes and derricks Following several high-profile accidents, NYC has imposed strict regulations on cranes and derricks, including operator certification, crane assembly/disassembly oversight, and regular inspections. The DOB requires notification and permits for crane use in construction projects. Excavation and trenching... --- - Published: 2024-04-19 - Modified: 2024-04-19 - URL: https://www.twlglawfirm.com/faq/construction-site-danger/ New York City has a big safety issue, and the local government knows about it. In a recent report, the New York City Department of Buildings (DOB) admitted that its enforcement of construction sites “needed to be improved. ” But the harm continued. From September 1, 2022, to September 30, 2023, the DOB reported 732 construction-related incidents resulting in 11 deaths and 774 injuries. Construction sites are risky environments, but careless oversight by employers and local governments is unacceptable. Below, we explore the key factors that make a construction site dangerous. Call our skilled New York construction accident lawyers for assistance if you were hurt while working construction. 1. Heights One of the most significant risks in construction is working at heights, including working on scaffolds, ladders, roofs, or any elevated work area. Falls from heights are a leading cause of fatalities and serious injuries in the construction industry. Inadequate fall protection, improper use of scaffolding, and lack of safety training contribute to the risk. 2. Moving objects Construction sites are bustling environments where workers, machinery, and vehicles constantly move. The presence of cranes, forklifts, and supply vehicles, combined with the movement of heavy materials, creates a risk of being struck by or caught between objects. This includes the danger of flying, falling, swinging, or rolling objects. 3. Slips, trips, and falls The terrain of a construction site is often uneven, cluttered with debris, or slippery, leading to a high incidence of slips, trips, and falls. These incidents can result... --- - Published: 2024-04-19 - Modified: 2024-04-19 - URL: https://www.twlglawfirm.com/faq/construction-case-settled-out-of-court-in-new-york/ Most personal injury cases, including those related to construction accidents, settle before trial. Whether your construction case will settle out of court depends on several factors, including the specifics of your case, the parties involved, and the strategy of your legal representation. Settling out of court can offer advantages to both the plaintiff and the defendant, such as reduced legal costs, quicker resolution, and less public exposure of potentially sensitive information. Keep reading for key considerations from a skilled New York construction accident lawyer. What does it mean to “settle” a case? To settle a personal injury case means to reach an agreement between the injured party (plaintiff) and the party allegedly responsible for the injury (defendant) or their insurance company without going to trial. This agreement typically involves the defendant or their insurer paying the plaintiff a sum in exchange for the plaintiff's agreement not to pursue any further legal action related to the injury. Settlements are negotiated and finalized outside of court to reduce the time, expense, and uncertainty associated with a trial. How do I know if settling is the best option? 1. Evidence and liability Strong evidence that indicates negligence by the employer, contractor, or another party can significantly increase the likelihood of settlement. If liability is clear, defendants are more inclined to settle to avoid the risk of a higher judgment amount and additional legal fees associated with a trial. 2. Severity of injuries The nature and extent of the injuries sustained play a critical... --- - Published: 2024-04-19 - Modified: 2024-04-19 - URL: https://www.twlglawfirm.com/faq/four-benefits-of-workers-comp-in-new-york/ In New York, the workers' compensation system is designed to support employees who suffer work-related injuries or illnesses by providing financial and medical benefits. Four main types of benefits in workers' comp cover various needs, from medical care to financial support during recovery or in the event of permanent impairment. Understanding these benefits is crucial for employees and employers, ensuring that you receive appropriate support. If you were hurt at work, contact a New York workers’ compensation lawyer at The Weinstein Law Group. 1. Medical benefits Medical benefits cover the full cost of medical treatment for injuries or illnesses directly related to the worker's job. This includes hospital visits, doctor appointments, medication, physical therapy, and necessary medical equipment. There are no time or monetary limits on medical benefits; they continue as long as the treatment is necessary and related to the work-related injury or illness. Workers have the right to choose their healthcare provider, although there are specific guidelines and networks they may need to follow to ensure coverage. 2. Cash benefits for lost wages When an injury or illness prevents an employee from working, cash benefits are available to replace lost wages partially. These benefits are categorized based on the nature and severity of the disability: Temporary total disability (TTD) Provided when the worker cannot work for a temporary period. The benefits are typically two-thirds of the worker's average weekly wage, up to a maximum limit, and continue until the worker can return to work or reach maximum medical... --- - Published: 2024-04-18 - Modified: 2024-05-03 - URL: https://www.twlglawfirm.com/faq/how-long-does-wokers-comp-last-in-ny/ In New York, the duration of workers' compensation benefits can vary significantly depending on the nature and severity of the injury and the type of benefits awarded. Understanding how long workers' comp lasts in NY is crucial for injured workers navigating their recovery and planning for their future. Here's a detailed look at the different types of workers' compensation benefits in New York and how long each can last. Call a skilled New York workers’ compensation lawyer with The Weinstein Law Group if you were hurt at work. Dial (212) 741-3800 today. How long do workers’ comp medical benefits last? Medical benefits are provided for treating the work-related injury or illness and can continue indefinitely in New York. If the treatment is necessary and related to the workplace injury, and the claim is not disputed, an injured worker is entitled to medical care. How long does temporary total disability (TTD) last in NY? TTD benefits are available to workers who are completely unable to work for a temporary period due to their injury. These benefits are typically two-thirds of the worker's average weekly wage, up to a maximum amount set by the state, and can continue until the worker can return to work or reaches maximum medical improvement (MMI), which is the point at which the condition is stable and not expected to improve significantly. How long does temporary partial disability (TPD) last in NY? If an injured worker can return to work but with reduced earnings due to their... --- - Published: 2024-04-18 - Modified: 2024-04-18 - URL: https://www.twlglawfirm.com/faq/why-do-i-need-a-wokers-comp-lawyer/ Workers' comp claims are confusing and intimidating on your own, with obstacles such as disputes, denials, and investigators at every corner. This is where the expertise of a workers' comp lawyer becomes invaluable. The right New York workers’ compensation lawyer is experienced with state law, gifted in handling disputes, and capable of getting you every penny of the compensation you deserve. Call The Wesinetin Law Group at (212) 741-3800 to learn more. Expertise in New York workers' compensation law Workers' comp lawyers are well-versed in the specific requirements and nuances of New York State Workers' Compensation Law. They can guide you through the process, ensuring your claim complies with all state regulations and deadlines. Their knowledge can be particularly beneficial in complex cases, such as occupational diseases or repetitive stress injuries, where the connection between the workplace and the injury may be less clear. Maximizing your benefits An experienced lawyer can help ensure you receive all the benefits you're entitled to, including medical care, disability benefits, and rehabilitation services. They understand how to accurately calculate your benefits based on your average weekly wage and the severity of your injury, which can significantly impact the amount you receive. Without legal guidance, you might accept a settlement that undervalues your claim. Representation in disputes Disputes over workers' comp claims are not uncommon in NYC. Whether your claim has been denied, you're facing challenges getting the necessary medical treatment, or there's a disagreement over the extent of your disability, a workers' comp lawyer... --- - Published: 2024-04-18 - Modified: 2024-04-18 - URL: https://www.twlglawfirm.com/faq/workers-comp-hire-private-investigators/ Workers' compensation benefits employees who are injured or fall ill on the job. In cases where a claim's legitimacy is in doubt, insurers may hire a workers' comp private investigator, often in an attempt to refuse workers’ comp benefits. This practice is particularly relevant in places with a dense workforce and high claim rates, such as New York City. Understanding when and why a workers' comp private investigator might be involved in a claim can help employers and employees navigate the complexities of workers' compensation laws in New York State. Keep reading for more from a New York workers’ compensation lawyer at The Weinstein Law Group. Why do insurance companies hire private investigators in New York City? The primary reason for hiring a private investigator in the context of workers' compensation is to prevent fraud. Fraudulent claims can significantly impact the financial health of the workers' compensation system, leading to higher premiums for employers and undermining the resources available for legitimate claims. Investigators are hired to ensure that the claim is valid, that the injury occurred as stated and is as severe as claimed, and that the employee is not engaging in activities that contradict their injury claim. RESOURCE Office of the Workers’ Compensation Fraud Inspector General – Learn about types of workers’ comp fraud or file a complaint. What situations trigger investigation? Several scenarios might trigger hiring a workers' comp private investigator in New York City. Discrepancies in the claim If there are inconsistencies in the employee's account of... --- - Published: 2024-02-21 - Modified: 2024-03-15 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/options-if-you-get-injured-on-your-way-to-work/ The Weinstein Law Group can explain your legal options if you get injured on your way to work. Contact us today to have a skilled New York workers’ compensation lawyer review your case and explain your benefits. In the meantime, we've included answers to some of the most common questions we receive about getting hurt on your way to work. What is workers’ comp? Workers' compensation refers to a no-fault system where you can get replacement wages and medical care. You may apply for workers' comp if you get hurt at work, but it isn't necessarily an option if you are hurt while going to your job. Is workers' compensation available if I’m injured on the way to work? New York’s going-and-coming rule makes workers’ compensation available under several circumstances, including: You are injured while traveling to or from work in a car provided by your employer You are injured on your way to work while performing a task within your scope of employment You may receive compensation for an injury you suffered while traveling by car, foot, or public transport. Do I qualify for workers' comp if I work part-time at home and suffer an injury between my house and place of employment? Whether you qualify for benefits depends on where your injury happened, how it happened, and other factors. A workers' comp lawyer can examine your case and help you figure out if you're eligible for benefits. What should I do if I'm injured on my way to... --- - Published: 2024-02-14 - Modified: 2024-03-15 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/does-my-employer-have-workers-comp/ When you’re injured on the job, one of the most pressing concerns is whether your employer carries workers’ compensation insurance. Workers’ compensation provides vital benefits to employees who suffer work-related injuries or illnesses, including medical expenses, wage replacement, and rehabilitation services. There are ways to determine if your employer has workers’ comp coverage, what steps to take if they don’t, and how a New York workers’ compensation lawyer from The Weinstein Law Group can help you understand your rights and options for obtaining compensation for your injuries. What employers are required to have workers’ compensation in New York? According to NY state law, most employers with one or more employees must provide workers’ compensation coverage. What are the penalties if my employer doesn’t have workers’ comp coverage? New York employers who fail to provide workers’ compensation coverage when required can face penalties, including: Civil fines Stop-work orders Personal liability for injured workers’ benefits Criminal charges Civil lawsuits Increased insurance costs Reputational damage How do I find out if my employer does have workers’ comp insurance in NY? If you’re unsure whether your New York employer carries workers’ compensation insurance, there are several ways you can find out, including the following. Check your employee handbook or company policies Many employers include information about workers’ compensation insurance in these documents, which typically outline the rights and responsibilities of employees regarding workplace injuries and may include details about the process for reporting injuries, seeking medical treatment, and filing workers’ comp claims. Ask your... --- - Published: 2024-02-08 - Modified: 2025-10-09 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/undocumented-workers/ As an undocumented worker, you face unique concerns despite these protections. You may fear deportation or retaliation from your employer if you file a complaint or grievance. You may be concerned about seeking workers’ compensation benefits or fear the limitations or exceptions the law may hold for non-citizens. After a job injury, undocumented workers must partner with a New York workers’ compensation lawyer. Federal and state labor laws are in place to protect these employees, but understanding how and when those laws apply and fighting to ensure they are upheld can be challenging. Are undocumented workers protected under New York State or federal law? It is illegal for employers to hire undocumented workers knowingly, but it is also unlawful for employers to discriminate against potential hires based on race or national origin. Once employed, undocumented workers have rights and protections under federal and state laws. Many of these rights are often misunderstood or even unknown by those who benefit from these laws. This lack of understanding and knowledge leaves workers at risk for unfair treatment and exploitation. If you are an undocumented worker facing an injury or other work-related situation, partner with an experienced attorney who can work to reach a favorable end while protecting your employment and rights. Will an undocumented employee who files workers’ comp be deported? Filing for workers’ compensation benefits does not involve immigration authorities. Further, the New York Workers’ Compensation Board (WCB) has joined the New York State’s push to protect undocumented workers during labor... --- - Published: 2024-02-08 - Modified: 2024-04-01 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/volunteer-ems-and-firefighters/ NYC’s volunteer firefighters and emergency medical technicians give their time and put their safety on the line to protect New York residents. The risks are significant as the nature of these volunteer services involves racing into dangerous situations and controlling them. If you were injured on the job or during volunteer work, a New York workers’ compensation lawyer from The Weinstein Law Group, PLLC can help you recover your losses. As New Yorkers, we’re grateful for your service and are ready to provide the high-quality, personal legal representation you need to secure compensation. What’s the difference between uniformed and volunteer firefighters and EMTs? One difference between volunteer and uniformed firefighters and EMTs is their work hours. Paid workers have scheduled work times, whereas most volunteers operate “on-call. ” That said, volunteers may have to fulfill hourly requirements or attend several calls to remain active in the department. Other major differences between uniformed and volunteer emergency workers are training, compensation, and benefits. Uniformed workers vs. volunteers: Training Although career and volunteer fire departments must ensure their firefighters fulfill basic training requirements established by the U. S. Department of Labor and Occupational Safety and Health Administration (OSHA), there are no required State training standards for volunteer firefighters. However, local departments may require in-house training for all members or particular members based on the member’s role. Volunteers and uniformed EMTs must meet content-based minimum training requirements established by the New York State Department of Health. The number of hours of required training are:... --- - Published: 2024-02-08 - Modified: 2024-04-01 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/claims-with-pre-existing-conditions/ While New York workers’ compensation laws are in place to protect you, employers and insurance companies are not always ready and willing to comply with them, at least not without a fight. This is incredibly challenging if you have a pre-existing condition when you get hurt. If you have a pre-existing condition and sustain an injury at work, don’t risk losing out on collecting the benefits you need from insurance companies. Instead, contact The Weinstein Law Group, PLLC, and secure representation from a New York workers’ compensation lawyer. What are pre-existing conditions? In New York, injured workers are entitled to workers’ compensation benefits, regardless of pre-existing or chronic medical conditions. You can even get workers’ comp if your most recent injury exacerbates or aggravates a pre-existing injury, whether that pre-existing injury occurred on the job or not. What’s considered a pre-existing condition? Any medical condition or injury predating the accident is considered a “pre-existing condition. ” For example, if you have suffered chronic knee pain in the past. Some of the most common pre-existing conditions that our NYC job accident attorneys see include: Back, neck, or knee pain or injury Herniated discs Arthritis or other joint pain Carpal Tunnel Syndrome Orthopedic problems ACL tears or other old sports injuries Sprain, strains, or fractures Asthma or other respiratory issues Diabetes Depression or anxiety Chronic Fatigue Syndrome Fibromyalgia Cancer or other chronic illnesses High blood pressure Neurological conditions How can a New York workers’ comp & pre-existing injuries lawyer help? No two... --- - Published: 2024-02-08 - Modified: 2025-08-08 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/occupational-diseases/ Many jobs in New York leave employees with occupational diseases and illnesses. Depending on your illness, you could be facing extensive medical bills that are piling up while you are also worrying about covering your daily living expenses during the time you are home from work due to your illness. You don’t have to tackle these issues alone. A New York workers’ compensation lawyer with The Weinstein Law Group, PLLC can explain the financial compensation that can be recovered for your work-related illness. Our attorneys offer aggressive legal representation, putting you and your future first. Basics of occupational diseases in New York Any line of work can expose workers to an occupational illness or disease. Even workplaces that may seem “safe” can have positions that cause people to become sick. Who’s at risk for suffering occupational illnesses and diseases? Certain jobs come with a higher risk of workplace diseases and illnesses. Examples of these occupations include: Healthcare workers: Frequent exposure to health hazards and pathogens increases the chances of a healthcare worker developing an occupational disease. Manufacturing workers: Manufacturing workers may work in an environment exposed to highly hazardous materials. Construction workers: A construction worker can be at risk of disease or illness from exposure to various fumes, chemicals, and asbestos. Welders: The Centers for Disease Control and Prevention (CDC) states that employees working around long-term exposure to welding fumes can suffer neurological disorders. Which occupational diseases are eligible for workers’ comp coverage? According to the New York Workers’ Compensation... --- - Published: 2024-02-07 - Modified: 2024-03-15 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/new-york-workers-compensation-law/ New York state workers’ compensation laws are in place to protect employees who suffer from workplace injuries. They provide essential benefits to injured workers while establishing guidelines for employers and insurance carriers. A New York workers’ compensation lawyer from The Weinstein Law Group can help you understand the state’s workers' compensation laws and get the compensation you need. What is workers’ compensation? Workers’ compensation is a form of insurance that provides medical benefits and wage replacement to employees who suffer work-related injuries or illnesses. It’s designed to protect employees and employers by ensuring injured workers receive necessary medical care and financial support while minimizing the risk of costly lawsuits for employers. New York state workers’ compensation law details specific requirements for workers, employers, insurers, healthcare providers, and representatives. Are employers in New York required to provide workers’ compensation coverage? Yes, most businesses with one or more employees, including full-time, part-time, and seasonal workers, must provide workers’ comp coverage under New York workers’ compensation law. If they do not have this insurance, they can face substantial consequences. What types of injuries or illnesses are covered by workers’ compensation in New York? Workers’ compensation in New York covers most injuries and illnesses sustained while on the job, including those resulting from accidents, occupational diseases, and repetitive stress. Employees aren’t required to prove the cause of their accidents or injuries because workers’ compensation works under a no-fault system. What benefits does New York workers’ compensation provide? Workers’ comp benefits include medical treatment, wage... --- - Published: 2024-01-31 - Modified: 2024-03-15 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-are-the-different-statutes-of-limitation-in-construction/ Victims of construction site accidents sometimes have grounds to file an injury claim to collect damages, compensating them for the consequences of the accident. However, victims must file these claims within a legal timeframe called a “statute of limitations. ” To ensure you file within the statute of limitations for your work injury, connect with a New York construction accident lawyer from The Weinstein Law Group as soon as possible following an incident. What is the statute of limitations for New York construction accidents? In many construction accident cases, a three-year statute of limitations applies. New York State follows this deadline for personal injuries resulting from another party’s negligence, slip-and-fall events, motor-vehicle accidents (which could occur with construction vehicles), and product liability cases. For example, a malfunctioning power tool might have led to your injury. The legal deadline shrinks to two years for cases of wrongful death. If your loved one dies because of someone else’s wrongful conduct at a construction site, you may collect damages for your losses to your family’s financial and emotional well-being. This typically includes related medical costs, loss of income and contribution to household duties, loss of affection and relationship, and emotional pain and suffering. Are there exceptions to the three-year legal deadline? Some cases, such as those stemming from construction defects, warrant extensions to that three-year deadline. For example, if you live or work in a space with inferior or toxic materials, you may develop a related condition over time. In other instances, the... --- - Published: 2024-01-24 - Modified: 2024-03-15 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/when-does-workers-comp-start-paying-wages/ Workers’ compensation benefits cover medical costs and part of lost income for employees who sustain an injury at work or develop an injury or illness because of their jobs. Injured workers ask, “When does workers’ comp start paying lost wages? ” To answer this question and help through the workers’ compensation process, connect with a New York workers’ compensation lawyer from The Weinstein Law Group, PLLC. When does workers’ comp start paying? You will not receive benefits for the first seven days of your disability until your claim is approved. If your condition extends beyond 14 days, you may retroactively get lost wage benefits for those first seven days. If the provider accepts your claim without issue and begins payments promptly, your first check may arrive with your Statement of Rights. Ultimately, the insurance provider must pay benefits if you miss more than seven days of work and should issue payments within 18 days of your injury or ten days of your initial report to your employer, whichever date is later. Should the provider dispute your claim, you must wait until a judge reviews your case and orders payment, though you may collect disability benefits. By acting quickly and partnering with a skilled workers’ comp attorney to reduce your risk of complications, you can start receiving benefits within one to three weeks of your injury. What is the timeline for securing workers’ compensation benefits? Injured workers, employers, and the workers’ compensation insurance provider must all follow specific timeframes. First, you... --- - Published: 2024-01-17 - Modified: 2024-03-15 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-is-a-mechanics-lien/ A mechanic’s lien is a legal mechanism contractors, suppliers, and other parties can use to ensure payment for a construction project if they are not paid–or not paid in full. The lien gives the uncompensated party a security interest in the property related to the construction job, opening up another means for recovering payment. In addition to the question, “What is a mechanic’s lien,” you may be unsure how the process works and how you can fight a mechanic’s lien in New York. To learn more about filing a lien or having one removed, get the answers and legal guidance you need from a New York construction accident lawyer from The Weinstein Law Group. Who can file a mechanic’s lien in New York? New York’s Lien Laws identify parties with “lien rights,” or the right to file a mechanic’s lien, which include: Contractors Subcontractors Laborers Materials providers Landscape gardeners Individuals or corporations performing labor or furnishing materials to improve real property These entities can file, as can other design professionals such as surveyors, architects, and engineers, as long as they work under the property owner's or agent's consent. However, there are layers to the lien laws, and some “second-tier” suppliers may not qualify for filing. For example, those under contract to the material supplier working directly for the project are not eligible to initiate a mechanic’s lien in NY. Connecting with a New York construction accident attorney is the best way to determine if you qualify to file. If you... --- - Published: 2024-01-15 - Modified: 2024-04-01 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/scaffold-accident/ Scaffolding accidents are physically and emotionally traumatizing, leading to long-term consequences and a frighteningly unstable financial future. Though the situation may feel desperate, a New York construction accident lawyer can work to make it more hopeful. The Weinstein Law Group, PLLC has years of experience fighting for accident victims, and we are ready to fight for you. We will work tirelessly to get you the compensation you need to cover your many losses and lead you toward a brighter future. Common types of scaffolds on construction sites A quick search of “types of scaffolds on construction sites” shows a large variety. Some are categorized by strength or style, such as “double scaffolding” or “ladder jack scaffolding,” and others by the materials they are made of, such as “steel scaffolding” or “bamboo scaffolding. ” Still, some scaffolds are more commonly seen on New York construction sites than others. Most workers likely have experience working on or around the following: Supported scaffolds These comprise one or more platforms. These platforms are supported by brackets, poles, posts, and frames, including prefabricated frames or rigid support. Suspension scaffolds Platforms are suspended by more than two ropes connected to overhead supports. The platforms can be raised or lowered to a particular work level. Suspension scaffolds may also be used to conduct inspections or refurbish or maintain high buildings. Mobile scaffolds Can be powered or unpowered and move on portable casters, tracks, or wheel mounts. Typically, mobile scaffolds are braced on every site and can be... --- - Published: 2024-01-15 - Modified: 2024-04-02 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/heavy-equipment-and-machinery-accidents/ Working with heavy equipment and machinery is just part of the job for New York construction workers. But it is a dangerous part of the job. Construction equipment and machines can demolish structures, cut through concrete and other strong materials, flatten roads, and dig deep into the earth. It’s easy to imagine the devastating injuries they can cause if they are misused, malfunction, lack safety gear, or are used by or around workers without their safety gear. These injuries start a series of losses–physical, financial, and psychological. When another party’s negligence causes damages, The Weinstein Law Group, PLLC can help. A New York construction accident lawyer will work to seek a substantial settlement to recover those losses and restore financial stability. Who may be liable for a heavy equipment/machinery injury? The party whose negligence caused the accident leading to your injuries is the party that owes you compensation, and a heavy equipment and machinery accident lawyer in NYC will investigate your accident carefully to determine who that party is. Though every situation is different, most often, liable parties include: Property owners General contractors of subcontractors Construction site supervisors Equipment, machine, or part manufacturers New York’s Labor Law 200 addresses a general duty for employers to protect the health and safety of their employees. Even though some employers may try to mitigate this duty by having employees sign waivers before a project, there is still a route for legal action if an employee is injured due to negligence or recklessness. The... --- - Published: 2024-01-15 - Modified: 2024-04-01 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/ladder-accident/ Most construction sites or fields where ladders should be used must adhere to safety guidelines; this doesn't always happen. If you are someone who has been injured due to ladder accidents, it's in your best interest to contact a New York construction accident lawyer as soon as possible. At The Weinstein Law Group, PLLC, we will work hard to secure the compensation you are owed following a NYC ladder accident. Filing a claim for an NYC ladder accident Incidents happen when rules are broken, and if a rule is broken on a construction site, it directly results from someone's negligence. In this case, a workers’ compensation claim can be filed. With the help of a skilled NYC ladder accident attorney, you can ensure the proper compensation for your injuries. However, filing a personal injury lawsuit will also be important on top of a workers' compensation claim. This should be done for three reasons: Workers’ compensation claim benefits are unlikely to pay non-economic damages like pain and suffering. You can only secure these damages with a personal injury lawsuit. When filing a workers' compensation claim, you rarely get 100% of your expenses covered. A lawsuit, on the other hand, can help you win all that and sometimes more. A personal injury lawsuit on top of a workers’ compensation claim may encourage the employer to improve safety concerns. What damages can you claim in an NYC ladder accident? The injuries of a ladder accident on a construction site in NYC go further... --- - Published: 2024-01-15 - Modified: 2024-04-01 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/hoist-accident/ Construction jobs typically involve raising and lowering heavy equipment or materials, so hoists are often essential on construction sites. A hoist is designed to lift and lower equipment, materials, or construction workers, supervisors, inspectors, or other personnel. While essential, hoists can injure those around or using them, which can lead to serious physical, financial, and emotional consequences. You are not alone if you have been hurt in a hoist accident. The Weinstein Law Group, PLLC is here to help you recover. A New York construction accident lawyer from our team will fight to recover injury-related costs, stabilize your financial future, and get you justice. Who can be held liable for a hoist accident injury? The outcome of your injury claim will only be successful if you can prove another person’s negligence caused your accident and injuries. You must identify the actual at-fault party and gather evidence to prove liability. If you blame the wrong party, even though they may seem the obvious culprit, you may ultimately fail to prove liability and put your settlement at risk. A skilled New York construction accident lawyer will carefully evaluate your accident, looking at every detail and correctly identifying the at-fault party. Who that party is depends on the cause and circumstances of the accident. Most likely, however, the at-fault party will be one or more of the following. Property owners Under New York labor law Section 200, workers have the right to work in a safe environment, and property owners may be responsible... --- - Published: 2024-01-10 - Modified: 2024-03-15 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/can-a-subcontractor-sue-a-general-contractor/ A subcontractor may be able to sue a general contractor for injuries that happen on a construction site. To determine if this is an option, consult a New York construction accident lawyer at The Weinstein Law Group. We are here to answer questions such as, “Can a subcontractor sue a general contractor? ” To discuss your case with a construction accident attorney, contact us today. Can you sue a general contractor? Yes. If a subcontractor is hurt at a construction site due to a general contractor's negligence, they may be able to sue. In this situation, you may request compensation from the general contractor for losses such as medical bills, lost wages, and pain and suffering. Can you sue a general contractor for nonpayment? A subcontractor may file a lawsuit on the grounds of a breach of contract and quantum meruit, a term meaning “as much as one has deserved. ” When can a subcontractor sue a general contractor? A subcontractor may get hurt at a construction site if a general contractor is negligent. At this point, the subcontractor may be able to sue the general contractor. How long does a subcontractor have to file a claim against a general contractor? New York has a three-year statute of limitations for personal injury claims. This means a subcontractor typically has up to three years from when they suffer an injury to file legal action requesting compensation from any at-fault parties. How do you prove that a general contractor was negligent? You... --- - Published: 2024-01-08 - Modified: 2024-01-08 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/forklift-accident/ Forklift accidents are dangerous, and these cases are often complex, unpredictable, and challenging. The attorneys on the other side may be representing your employer or the forklift manufacturer that caused your injuries. Design and manufacturing defects may have played a role in your forklift accident. A New York construction accident lawyer can help you recover the compensation you need to help you through this difficult time. We understand the impact of severe injuries on your professional and personal life. Our New York forklift accidents lawyer will review your case's facts and help you fight for your rights. What are some causes of forklift accidents? Many forklift accidents arise due to negligent conduct. Faulty equipment, outdated safety policies, and inadequate employee training are some of the most common causes of forklift accidents in New York. Listed below are some of the common elements associated with forklift accidents. Inadequate training The policies and procedures enforced by employers and other entities are essential to your personal injury case. It is critical to assess whether or not the employer provided adequate training to its employees. Understanding this can help establish that your employer is liable for your injuries and damages. Sometimes, employees may need to realize they have received inadequate training with dangerous equipment. Unfortunately, some employees lose their lives due to the lack of training they receive during their course of employment as forklift operators. Unmaintained equipment Forklift maintenance is essential to the safety and well-being of all forklift employees. State and federal... --- - Published: 2024-01-05 - Modified: 2024-04-01 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/window-washing-accident/ Window-washing accidents occur in both rural and urban areas of the state. These dangerous accidents often cause victims to suffer serious bodily injury or death. Many individual workers fall, are electrocuted, or suffer harm due to prolonged exposure to chemicals. Our New York City window-washing accident attorneys are here to fight for the justice you deserve. If you sustained injuries during a window washing accident, you may need to speak to a New York construction accident lawyer at The Weinstein Law Group. How much does hiring our New York City window washing accident attorneys cost? At The Weinstein Law Group, our commitment to justice is reflected in our no contingency fees structure. You won't incur any fees unless we successfully resolve your accident claim. Our New York City window washing accident attorneys provide free consultations, ensuring you can start your legal journey risk-free. Contact us today to schedule your free consultation and take the first step towards legal support. What are the New York laws protecting window washers? You must understand the facts of a case to determine which parties may be liable for an accident victim’s injuries. New York Labor Law § 202 is one of the most essential statutes regarding worker safety in New York. Owners, lessees, agents, and managers of specific types of properties must provide window washers with a safe means for cleaning windows. Another New York worker safety statute is New York Labor Law § 240(1), also known as the “Scaffold Law” in New York.... --- - Published: 2024-01-04 - Modified: 2024-04-01 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/construction-site-fall/ Working in the construction industry involves bravery and hard work. It comes with countless hazards and risks, making this industry one of the top five industries with the highest injury rates. On the unfortunate occasion, you fall victim to construction site fall injuries, you're not alone. Seeking the support and legal guidance of a New York construction accident lawyer is essential. With professional help from The Weinstein Law Group, we are ready to advocate for all injuries for which you seek compensation. The road to recovery may look complicated and winding, but with our help and dedicated service to our clients, you can get back on your feet quickly. When is fall protection needed in the construction industry? According to rules and regulations established by OSHA, fall protection, including guardrails and safety nets, is always needed on job sites. New York laws related to scaffolding, hoists, ladders, and other tools General New York construction laws establish particular safety regulations for employees who work on construction sites. The proper safety equipment is required, and techniques and procedures are closely monitored. When it comes to scaffolding, New York holds laws for these occurrences. New York State Labor Law § 240/241, known as the “scaffold law,” imposes strict liability for construction site owners and contractors. Any injuries caused on a given construction site will hold those responsible for unsafe working conditions. Additionally, there are specific laws in place for PPE. Personal protection equipment is required by law to be provided for those working... --- - Published: 2024-01-04 - Modified: 2024-04-02 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/trench-collapse-lawyer/ Construction sites must be closely monitored under state and federal regulations. Even with the strictest standards, some suffer serious accidents and sustain life-changing injuries. Construction law is often complicated because workers' compensation comes into play, and various parties can be held accountable. On the bright side, you won't have to move forward alone. Getting the support and resources needed from a New York construction accident lawyer can benefit you in the legal process. What are the laws related to trenches in New York? If you are a contractor, you must first seek New York permits. Once this is done, you are legally obligated to notify the NYC Department of Buildings 24 to 48 hours before work begins and employees start to excavate. Additionally, you need proper engineering and oversight when excavating, and a trench is required to protect workers and those passing by. The trench must follow reasonable safety measures, including: Guardrails Solid enclosures Ladders or ramps Sloping, preferably at a 45-degree angle of repose Frequent safety checks for signs of wear and tear Check slopes after rain For more information on New York Building Codes, review Code §3304. Because the construction industry in New York is one of the most dangerous industries, a lawsuit is necessary to hold parties accountable for their failure to follow safety regulations. OSHA requirements regarding trenches The Occupational Safety and Health Administration (OSHA) has regulations established for situations where a trench is needed. Generally, OSHA requires all employers to provide ladders, ramps, or steps... --- - Published: 2024-01-03 - Modified: 2024-03-15 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/whats-included-in-a-construction-site-inspection/ A construction site inspection examines work quality, safety procedures, risks, and hazards. If you get hurt because an inspection was not completed or performed incorrectly, consult a New York construction accident lawyer at The Weinstein Law Group to discuss your legal options. What's a construction site inspection? An inspection is performed before a construction project to ensure everything is safe. It allows contractors to identify quality control, worker safety, or on-the-job productivity issues. How does a construction site safety inspection work? Safety and workmanship are examined through draw (progress) and quality construction site inspections. Draw inspections are completed once a project gets underway. They're performed daily and allow a contractor to verify the space is safe. Quality inspections are conducted after a project is finished. They are used to confirm the project was completed per the already determined specifications. A quality inspection may include a walk-through of a worksite. It may also have a report that details any issues that were identified. Why are construction site inspections necessary? Inspections help protect against mistakes during a project. If a contractor finds a problem during an inspection, they can address it before the issue potentially compromises the project. An inspection helps minimize the risk of fire accidents and other safety problems that put workers and others in danger. A contractor can use an inspection to identify and address a safety issue before it gets out of hand. What's included in a construction site inspection checklist? A checklist may include inspections to evaluate... --- - Published: 2023-12-28 - Modified: 2024-04-01 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/falling-object-injuries/ Construction is a vital industry in New York City, and those who work in this field are at higher risk for accidents involving electricity, heavy machinery, and falling objects. You may suffer severe damage when something falls from a great height or even a few feet. The Weinstein Law Group, PLLC understands the complicated challenges of a construction accident. With an NYC falling object injuries attorney by your side, you can focus on recovering and returning to work while we manage your case. From insurance claims to lawsuits, you can depend on a New York construction accident lawyer from our firm to make every effort to secure the compensation you need. Who can be held liable for a falling object injury? In nearly every falling object accident, the root cause is human negligence. Because so many individuals and companies are represented on a construction site, untangling who is to blame can be difficult. Some commonly liable parties in falling object claims include: Careless coworkers who do not take appropriate precautions Construction companies that fail to secure equipment, materials, or other items that could fall Delivery crews who carelessly unload objects or materials at worksites Individuals such as subcontractors, visitors, vendors, security personnel, and general contractors who do not follow safety guidelines Manufacturers of defective products or machinery that led to your accident Property or building owners, managers, or operators who do not maintain their premises or overlook potential hazards Occasionally, someone may intentionally and maliciously drop an object or allow... --- - Published: 2023-11-14 - Modified: 2023-12-27 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/toxic-exposure/ Suffering toxic exposure creates a lifetime of challenges to your health and well-being. Toxic chemicals are still very frequently used throughout the construction industry, industrial industry, and even in day-to-day life. Many have restrictions and limitations on when and how they are used to minimize the damage they create. Yet, if you are a victim of an injury from such chemicals, you may have the right to compensation. Our New York toxic exposure attorney can help you navigate the legal complications you are facing to get the damages you are owed. As a highly skilled New York construction accident lawyer, we understand the challenges you are facing right now. You want help to meet your financial obligations and overcome the challenges you face. Let us be there for you. Contact The Weinstein Law Group now at (212) 741-3800 to discuss your case with our legal team. There is no obligation or cost to you, but we can offer insight into the legal opportunities available in your case. What are New York State’s toxic exposure laws? Several laws in New York (and at the federal level) aim to minimize toxic exposure risk to workers or people within the community. The Occupational Safety and Health Administration (OSHA) is at the heart of this process, both in setting and overseeing these risks. One of the laws at the state level designed to help with the minimizing of the risk of toxic chemicals is the Right to Know Law in New York. It is... --- - Published: 2023-11-14 - Modified: 2024-04-01 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/electrocution-accidents/ Certain lines of work are more dangerous than others. One of the most serious types of accidents you can be involved in includes those involving electric shock. No matter what industry you work in, if you are electrocuted, you may have the right to compensation for your damages. With help from a dedicated New York construction accident lawyer, you can pursue workers' compensation benefits or even a third-party liability lawsuit against the liable party. How much does it cost to hire an electrocution accident lawyer in NYC? Hiring a New York electrocution accidents lawyer is not something you need to worry about when you are still healing from your injuries. While certain types of lawyers require a down payment or retainer, our workers’ compensation and construction accident attorneys do not. This is because we work for our clients on contingency. Contingency agreements make it possible for anyone to get the legal help they need when they need it most. Instead of requiring you to put money down or cover the costs associated with building your case, we handle these expenses on your behalf. Then, if we win, a percentage of your award is used to cover your attorney's fees. We will discuss the exact percentage after reviewing the specific details of your case. If we lose, you do not pay anything. Undocumented workers can recover financial damages, too Undocumented workers make up a significant number of construction workers in New York City. With help from an electrocution accident lawyer in... --- - Published: 2023-11-10 - Modified: 2023-11-10 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/defective-construction-equipment/ What happens when a piece of construction equipment fails? These pieces of equipment can be very heavy, highly powerful, and difficult to control. In every situation, any type of accident they cause can put a person's life on the line. The failures occur for many reasons, often due to human error but also due to manufacturing defects. Our New York defective construction equipment lawyer can help you navigate your legal options if you have been the victim in these types of cases. When you turn to The Weinstein Law Group for help as your New York construction accident lawyer, you gain highly trusted legal representation and a dedicated professional who will help you navigate your legal options. You may have numerous injuries, a pile of medical bills, and lasting pain. Let our legal team help you to get the compensation owed to you. Schedule a free consultation by calling (212) 741-3800 today. How much does it cost to hire a defective construction equipment lawyer in NYC? The simple answer to this question is that, right now, you do not have to pay anything to use. The cost of hiring our attorneys right now is nothing. We operate on a contingency fee basis. That means you pay when we win your case. Do not make the mistake of assuming you do not qualify for legal support or that you cannot afford an attorney who will fight hard for your needs and your rights to compensation. With our experience and skill, coupled... --- - Published: 2023-10-13 - Modified: 2023-10-13 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/construction-site-slip-and-fall/ Construction workers may suffer serious injuries after slipping and falling and could even be rendered permanently disabled and unable to work. If this happened to you, contact The Weinstein Law Group today at (212) 741-3800 for a free consultation with a New York construction site slip and fall lawyer. Your New York construction accident lawyer can advise you of your options, including collecting Workers’ Compensation benefits and filing a lawsuit for damages. How much does it cost to hire a construction site slip-and-fall lawyer in New York? The attorneys at The Weinstein Law Group work on a contingency fee basis. We only assess legal fees if we win your case as a percentage of your final settlement or award. Your lawyer will explain the fee structure at your initial free case review. We believe every injured worker should have access to quality legal representation, so we take care of the legal costs upfront. You can focus on healing and recovery and trust that your case is in our experienced hands. Common causes of construction site slip-and-fall accidents in New York City Construction sites may have multiple surfaces, from poured concrete to dirt, wood, or a mix. Many also have an uneven terrain, like mud or dirt. This, coupled with the presence of construction debris and materials, makes a slip or trip and fall much more likely than walking on a flat, carpeted office floor. Even on a job site with uneven terrain, there are multiple steps that a site owner... --- - Published: 2023-10-05 - Modified: 2024-04-01 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/construction-site-car-accident/ If you’ve been struck by a car while working your NYC construction job, you could be eligible for compensation from the driver who hit you. A New York construction accident lawyer from The Weinstein Law Group can advise you of your legal options, such as collecting workers' compensation and pursuing damages from the negligent driver. You can learn more by calling our offices at (212) 741-3800 to schedule a free consultation. How can a construction site car accident lawyer help me? A skilled attorney can advise you of your options after being struck by a car at work, including your eligibility for workers’ comp benefits and whether you can file a lawsuit against the driver who struck you. New York construction workers who are injured on the job or while completing job-related tasks (such as driving a construction vehicle from one site to the next or transporting construction materials to and from a job site) are eligible to file for Workers’ Compensation benefits, an employer-sponsored insurance coverage that takes care of: Medical bills from the injury Lost wages from time missed at work Vocational retraining if you can no longer do the duties of your old job Workers’ comp is intended to provide access to quality healthcare for injured workers, paid for by their employer’s workers’ compensation insurance carrier, plus wage benefits to help them pay their bills while they’re out of work recuperating. File a lawsuit against a third-party However, if you’re struck by a car while working, you... --- - Published: 2023-10-04 - Modified: 2025-08-08 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/cement-burn-injury/ From use in building sidewalks to pouring foundations or crafting concrete blocks, concrete and cement are some of the most common construction industry materials. Common doesn’t necessarily mean safe, though, and cement burns can leave you out of work for weeks or even months. As an injured worker, you have rights, including collecting workers’ compensation benefits or filing a third-party lawsuit. A New York construction accident lawyer can explain your legal options and guide you through the claims process. Contact The Weinstein Law Group today at (212) 741-3800 for a free consultation. What’s the difference between cement and concrete? Many people use “concrete” and “cement” interchangeably, but in fact, cement is an ingredient in concrete. Concrete consists of aggregates (crushed stone or gravel and sand) and paste, composed of Portland cement (about 15% of the mixture) and water. So, there isn’t such a thing as a cement sidewalk or cement mixer, but more properly, a concrete sidewalk and concrete mixer. However, this distinction may not matter much to a NYC construction worker injured from a concrete burn. Concrete comes in three forms, powder, liquid, and solid, and is dangerous in each form. Exposure to wet concrete or concrete powder can result in anything from mild eye, skin, or lung irritation to severe third-degree burns. What should I do if I come in contact with wet cement on the job? Fast treatment after your skin comes in contact with wet cement is critical to reducing the damage to your dermis. Follow... --- - Published: 2023-10-04 - Modified: 2024-04-01 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/building-collapse/ Providing assistance for workers injured in construction site collapses Construction jobs are one of the most dangerous careers in the country, as the risk of suffering a life-threatening injury at work is higher than in most industries. And within the construction industry, building collapses are one of the most terrifying, deadly types of incidents. If you’ve been injured in a building collapse, you’re likely facing long weeks of painful recovery and unable to return to work. New York construction workers have many rights after injury, including having their medical care covered by workers compensation and filing a lawsuit for damages after building collapse injuries. A New York building collapse attorney from The Weinstein Law Group can explain your legal options and advocate for you. Contact us today at (212) 741-3800 for a free consultation with a New York construction accident lawyer. What should I do after being injured in a building collapse on the job? Call for immediate medical assistance, especially if you are trapped. Once your condition stabilizes, you can consider the legal implications of your situation. There are many things to remember in the days following the building collapse in New York City to protect your health and ensure that your New York building collapse lawyer has the best chance of building a solid case for compensation for you. Hold on to all medical records Your medical records are necessary evidence in both a workers’ comp claim and a construction accident lawsuit. Everything from your initial diagnosis to... --- - Published: 2022-12-06 - Modified: 2025-08-11 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/can-an-employer-fire-you-for-filing-workers-comp/ Many people want to file a workers’ compensation claim but fear retaliation from their boss. If you were injured at work, you might be wondering: Can an employer fire you for filing workers’ comp? In short, no, your employer cannot legally fire you simply for filing a workers’ compensation claim. Keep reading to learn more about how the system protects you from this happening. Employer's rights under New York workers' compensation laws Under New York law, retaliating against an employee for filing a workers comp claim is prohibited. To make it more clear, Section 120 of the New York Workers’ Comp law makes it illegal to fire an employee just because they filed a workers comp claim. It’s also illegal for your boss to not reinstate you due to you filing a claim if you’ve taken a break from work because of your accident or injury. If this happens and you believe that this was an act of retaliation by your employer for filing, report this as a discrimination complaint. You must file a complaint about their discrimination and retaliation within two years for the complaint to be considered. Under New York law, you are entitled to receive workers’ compensation if you have an accident, are injured, or contract an illness at work because of your job duties. If your employer tries to punish you for exercising your right to seek compensation for a work-related injury. Workers’ compensation laws protect employees who are injured because of their jobs. Before these... --- - Published: 2022-09-29 - Modified: 2023-03-14 - URL: https://www.twlglawfirm.com/new-york-car-accident-lawyer/settle-without-my-consent/ Accurately calculating your damages and collecting evidence can be a very difficult and complex process. Working with an attorney is the best way to measure your losses and get compensation from the party at fault for your injuries. Injured persons considering hiring a lawyer sometimes wonder whether they give up any of their ability to make decisions once they have an attorney. A common question is: can a lawyer settle without my consent? The simple answer to this is no. You make all the important decisions concerning your case after the related information is carefully explained to you. The role of your attorney is to collect the evidence you need to accurately calculate your damages. Then, they use their knowledge of the law and case precedent to get you the best possible settlement. Read on to learn more, and know that one of the New York personal injury lawyers from The Weinstein Law Group is standing by to provide a cost-free, risk-free consultation for your case. Call (212) 741-3800 today. You’re Protected by Fiduciary Duty As detailed by the New York State Senate, when an agent is acting under a power of attorney on behalf of a principal (you) to make decisions, they owe you what is called a “fiduciary duty”. The fiduciary duty you are owed by your attorney includes, but is not limited to, the following obligations: To act according to any instructions you give to your attorney To keep your property separate and distinct from the property... --- - Published: 2022-03-09 - Modified: 2025-06-25 - URL: https://www.twlglawfirm.com/new-york-fire-accident-lawyer/ Accidental fires can be extremely traumatic. In the blink of an eye, a house fire can reduce a home and everything inside to ashes. Families can lose their possessions, be critically injured, or even killed. Plus, the resulting legal aftermath of a fire accident can be just as devastating. When you suffer an injury in a fire, it is important to get legal help from a New York fire accident lawyer who understands the laws and regulations surrounding these cases. The Weinstein Law Group, PLLC has decades of combined experience helping people get the compensation they deserve after they are injured in accidents. We understand what you are going through and we are here to help. Contact us today for a free consultation. Burned by a fire? Our firm can help. Our firm has represented injured people for over 30 years. We represent clients in Manhattan, Brooklyn, Bronx, Queens, Staten Island, and other areas. The Weinstein Law Group ensures you get the money you need to cover your medical bills, lost wages from being unable to work, and pain and suffering. Our clients know that we are working toward a safer New York City. After a malfunctioning space heater destroyed the lives of nine families in the Bronx and changed the lives of dozens of others, our attorneys stepped up to represent those families. Our firm realized these negligent landlords must be held responsible to keep the city safe. Our firm's skilled New York fire accident lawyer will listen to... --- - Published: 2021-04-21 - Modified: 2023-04-17 - URL: https://www.twlglawfirm.com/thank-you-two/ Thank you for your inquiry. Someone from our team will be in contact with you shortly. --- - Published: 2021-03-12 - Modified: 2025-08-08 - URL: https://www.twlglawfirm.com/new-york-bicycle-accident-lawyer/ NYC Bicycle Accident Attorney Were you injured in a bicycle accident? A skilled NYC bicycle accident attorney with our legal team can help. Bicycling, an already popular mode of transit in New York, is becoming more common. However, as more bicyclists join passenger vehicles and trucks on the road, the number of bicycle accident injuries and fatalities will also continue to increase. Bicyclists are the most vulnerable commuters on New York roads and need advocates who will fight for their legal rights after an accident. Our New York bicycle accident lawyers help bikers who were injured due to the negligence of others. How Common Are Bicycle Accidents in New York? New York bicyclists are well-versed in the need to ride defensively at all times to ensure they’re not injured while riding through the city. However, despite the many precautions a biker can take, there are still some common bicycle accidents that our firm sees regularly, such as: Getting hit by a driver who is under the influence of alcohol or drugs A driver ignores a bicyclist’s right of way and drives into them A driver fails to see a cyclist and turns directly in front of them Exiting a driveway or parking spot and failing to yield to the bicyclist Distracted driving causes an accident Traffic road rage causes a driver to hit a cyclist Coming too fast around a curve and not slowing down to accommodate a bicyclist “Dooring,” which is when a driver opens their car door without... --- - Published: 2021-03-12 - Modified: 2024-03-29 - URL: https://www.twlglawfirm.com/new-york-pedestrian-accident-lawyer/ More than 19 million people call New York home. About 8. 4 million of those New Yorkers live in New York City, which contains one of the country’s most walkable metro areas. Throughout the state, about 300 pedestrians are killed by vehicles each year. Roughly 15,000 pedestrians are injured in New York pedestrian/car accidents annually. Unfortunately, the likelihood of a pedestrian accident is on the rise. Federal data states that pedestrian deaths in urban areas have increased by 62% over the past 11 years. The Weinstein Law Group, PLLC helps pedestrians who have been hit by vehicles hold at-fault drivers accountable. Let our pedestrian accident lawyers help you get the care and compensation you need. What is a pedestrian accident? A pedestrian accident is any crash between a motor vehicle and a pedestrian, which New York defines as any person commuting by foot or wheelchair. There are other types of nonoccupants, such as bicyclists and skateboarders, but we’re focusing on pedestrian knockdowns right now. If you experienced an accident on a bicycle, please contact our New York bicycle accident attorneys today. Motor vehicles include any sort of motorized transport, including motorcycles and school buses. More than 1,000 pedestrians were hit by the latter in 2018; 22 of those pedestrians, some as young as five years old, were fatally injured. In 2017, traffic accidents killed one pedestrian every 88 minutes. When a car crashes into a pedestrian, it’s obvious that the unarmored person is going to suffer severe injuries. Pedestrian injuries... --- - Published: 2021-01-26 - Modified: 2023-01-26 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/winter-injury-prevention-on-your-construction-site0-1/ Working construction during the winter presents its own set of hazards. Workplace culture may encourage workers to ignore symptoms related to cold stress injuries, fatigue, or serious issues like trench foot. If you are hurt on a construction site because of a cold-related injury or any other incident, you are likely eligible to file a workers' compensation claim. You may also be eligible to file a liability claim against another third-party, such as an equipment manufacturer that makes a product that creates an unacceptably high risk of frostbite. Reach out to an experienced New York construction accident lawyer to learn more about your options for reclaiming all of your accident losses. Call (212) 741-3800 or contact us online to schedule a free, no-obligation case review. Be Aware of Cold Stress Injuries on the Construction Site The Centers for Disease Control and Prevention (CDC) cautions that "workers should be protected from exposure to cold so that the deep core temperature does not fall below 96. 8°F (36°C) and to prevent frostbite to body extremities. " Cold stress injuries can sneak up on you quickly. Workers may feel warm and sweaty as a result of their labor, but their core body temperature could be dropping. The following are some of the biggest cold stress risks on a construction site. Hypothermia Hypothermia is a condition where the body's core temperature drops below safe levels. It can lead to loss of consciousness, nerve system impairment, organ failure, and tissue death. Symptoms of hypothermia can... --- - Published: 2021-01-26 - Modified: 2025-08-11 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/construction-site-hazards-electrocutions/ Nearly one in five workplace accidents occur on construction sites. Studies by the United States Occupational Safety & Health Administration (OSHA) show that most of them are caused by what they’ve called “The Fatal Four. ” Those are: Falls Struck by object Caught in or between collapsing structures Electrocutions Of those four, electrocutions are among the most common. According to a study done by the National Fire Prevention Association (NFPA) based on data gathered by the U. S. Bureau of Labor Statistics, Census of Fatal Occupational Injuries (CFOI) over 60% of all deaths on construction sites in 2015 were due to electrocution. Despite this, experts consider construction worksite injuries due to electrocutions as one of the easiest to avoid. A little foresight by both workers and employers can prevent the bulk of injuries or deaths due to electrocution. If you’ve been injured on a worksite and need legal representation to get the compensation you need, give the attorneys at The Weinstein Group a call at 212-741-3800 for a free consultation. OSHA Says BE SAFE As part of their effort to make workplaces safer, OSHA has grouped injuries from electrocution into six categories. They are: B - Burns E - Electrocution S - Shock A - Arc Flash/Arc Blast F - Fire E - Explosions Of the six dangers, burns are the most common injury. This can mean electrical and thermal contact or arc burns. What makes arc flashes/blasts unique is that they are caused by a sudden release of energy... --- - Published: 2021-01-26 - Modified: 2023-09-01 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/construction-site-hazards-slips-and-falls/ When it comes to dangers on the construction site, gravity is a worker's greatest enemy. A significant portion of claims handled by our New York construction accident lawyers involve falls from a great height, as well as slips, trips, and falling object hazards. The U. S. Centers for Disease Control and Prevention (CDC) report that falls are the leading cause of construction fatalities. While fall-related hazards are present in every industry, falling deaths are most common in construction, which represents 51% of occupational fatal falls in the country. The Weinstein Law Group is here to assist injured construction worker fall victims when they need to seek economic recovery. Fall injuries are severe and often debilitating, leading to major expenses such as hospital bills, lost wages, and long-term rehabilitation. We can assist you in filing for workers' compensation and seeking additional recovery from any liable third parties. Call us today at (212) 741-3800 or contact us online to schedule a free, no-obligation case review where we can discuss your options. OSHA: Falls Are the Most Deadly Construction Hazard When discussing both fatal job site injuries and common reasons for a citation, the Occupational Safety and Health Administration (OSHA) lists falling hazards as a number one culprit. OSHA data from 2017 shows that falls were the number one cause of construction worker deaths, making up 38. 7% of all fatalities that year. Also in 2017, lack of adequate fall protection was the top reason for a citation, leading to an average fine... --- - Published: 2021-01-26 - Modified: 2022-01-03 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/employer-ppe-requirements/ No matter the reason for your employer’s refusal to provide safety equipment, doing so is a violation of the Occupational Safety and Health Act of 1970 (OSHA). By failing to provide you with proper and necessary safety equipment, your employer is putting you in danger of disease, injury, and even death. Keep reading to learn about your employer’s PPE requirements, your rights as an employee in the state of New York, and your legal options for holding your employer accountable. When Your Boss Refuses to Provide PPE You have two main options to recover money for your injuries: file a workers’ compensation claim or sue for damages. If you were injured on the job because your employer failed to provide personal protective equipment (PPE), you may be able to recover money for medical expenses, lost wages, and more through a workers’ compensation claim. If your employer does not have workers’ compensation insurance (another violation of New York law), you may sue for damages. An experienced New York personal injury attorney will help you every step of the way, filing the initial claim, gathering evidence, and negotiating with the other party and their insurance to get you what you need. Employees’ Rights in New York Employees in the Empire State have rights under state and federal law. These include: Working in a safe environment that does not present a risk of serious harm. Information and training provided in a language the employee can understand. Employees must be provided with OSHA standards... --- - Published: 2021-01-26 - Modified: 2023-04-11 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/the-difference-between-partial-total-and-temporary-disability-in-new-york-workers-compensation-laws/ Workers’ compensation insurance is intended to protect employers and employees in the unfortunate event of a workplace accident. When you get hurt while working in New York City, the law provides you coverage under the workers’ compensation system to help you afford your injuries, lost wages, and other damages. If a workplace accident leaves you disabled, the coverage you’re able to receive depends on the type of disability. Knowing the difference between partial, total, and temporary disability is crucial to your workers’ compensation case. This determination directly impacts the total benefits you’ll have at your disposal to pay medical bills, cover lost wages, and continue receiving the care you need to recover. If you were disabled in a work-related accident in New York, get help from an experienced workers' compensation attorney. Call The Weinstein Law Group today at (212) 741-3800 or contact us online. We can set you up with a free consultation to go over the details of your workplace accident as soon as possible. Partial vs. total disability The terms "partial" and "total" refer specifically to the wage-earning capacity of the injured person. If your injury has left you unable to return to work at all, your disability is total, meaning your ability to earn a wage has been totally eliminated for the duration of the injury. If your injury does not totally keep you from returning to work, but you are not able to do the same level of work as before, your disability is partial. The... --- - Published: 2021-01-26 - Modified: 2025-08-08 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-do-i-do-if-i-get-in-a-car-accident-while-working-at-my-construction-job/ Construction car accidents are a very common but not often talked about scenario. An "accident in transit" can refer to an injury involving a piece of heavy machinery, a piece of moving equipment, or materials in transit on the job site. Additionally, construction workers may be using passenger vehicles both on and off the job site. When you are hurt by a motor vehicle, your injury treatment costs and other damages will likely be covered by workers' compensation as long as you are working "within the scope of employment" AKA "on the clock". You may also have a separate injury claim available against the third-party responsible for the injury, including the manufacturer of a defective product. The Weinstein Law Group can examine your case details and help you pursue a claim to maximize your chances of receiving compensation for all your accident losses. Call (212) 741-3800 or contact us online to schedule a free, no-obligation case review. Construction Car Accident Data Statistics for the exact number of construction workers hurt in road accidents in New York City are difficult to come by. However, there are a few numbers that can put the issue in perspective: "Transportation incidents" were the third-most-common cause of fatal injury in New York City across all industries. Around 773 individuals lose their lives every year in relation to road construction work zone crashes. The Occupational Safety and Health Administration's (OSHA) struck by/against "Fatal Four" deadly construction hazard category includes vehicle collisions and incidents involving vehicles or... --- - Published: 2021-01-26 - Modified: 2023-09-01 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/do-i-have-to-use-sick-time-for-workers-compensation/ Workers' compensation offers financial support for individuals who have been injured or sick due to their job. These injuries can require workers to take extended leaves to recover. Many employees are understandably concerned with their regular benefits, asking, “Do I have to use sick time for workers' compensation? ” Legally, an employer in the United States cannot require a worker to use their sick time for workers' compensation. In accordance with CA-11 of the Federal Employees Compensation Program, an employee is entitled to medical benefits and paid leave outside of their sick time to support their recovery. However, insurance claims and medical recommendations can affect whether or not you have to use sick time for workers' compensation. The complications of claims are one of the reasons workers should seek legal representation, so you don’t have to use sick time when you’ve suffered a significant injury or illness on the job. Insurance claims Insurance companies are known for holding their interests above the interests of the individual. That is also true for workers’ compensation. Insurance companies may deny legitimate workers' compensation claims or drag out proceedings, forcing workers to use sick time to recover. However, hiring a workers' compensation attorney can help you recover your sick time. An attorney can file for retroactive disability pay for the days that you were unable to work during your recovery. Primary physicians To qualify for workers' compensation, you must be seen by a primary treating physician in the medical provider network for your insurance... --- - Published: 2020-12-30 - Modified: 2023-04-10 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-do-they-look-for-in-workers-compensation-investigations/ In 2019, insurance companies paid out of $48 million in workers' compensation insurance claims to over 625,000 filings. That number represents a steady decline in workplace injuries as employers become more conscientious about workplace safety. Thanks to federal and state regulations, workers in New York enjoy not only the safest working conditions ever but also a promise of a fair, complete workers’ compensation package in case they are injured. However, the lowering of coverage may also be in part to one disturbing trend: insurers' increasing commitment to reducing and denying claims. One of the unpleasant facts of life is that insurance companies seek to make a profit by not paying out on claims. While workers’ comp fraud does happen, these cases make for only one or two percent of all claims. More often than not, claims are rejected due to avoidable mistakes made when filing. That’s why a New York workers’ compensation attorney should assist you during the claims process, especially if you are being investigated by the insurance company. Our attorneys at The Weinstein Law Group have over 35 years of experience successfully winning workers’ comp claims for their clients. Give us a call at 212-741-3800 or contact us online to set up a free, no-risk consultation today. To help you understand what you might be up against, here’s some information regarding workers’ compensation investigations and what they look for. Investigating workers’ compensation fraud The popular image of a private investigator as a hard-boiled gumshoe solving cases the police... --- - Published: 2020-12-30 - Modified: 2022-01-03 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-is-workers-compensation-benefits/ When you are injured on the job in New York, the state government says that you may be entitled to benefits from workers' compensation. But just what is workers' compensation benefits? The compensation is meant to make up for monetary losses related to your injuries. In some cases, you may not be able to return to work, in which case your benefits could last a lifetime. An injury in New York may entitle you to one or more of the type of benefits: Cash Medical Supplemental Social Security Death An experienced workers' compensation attorney from The Weinstein Law Group can assist you in securing the compensation you are entitled to under law. Call our office at 212-741-3800 to speak with a member of our team at no cost to you or your family. We will provide you with your options based on your unique circumstances. In the meantime, let’s take a closer look at the different types of benefits offered by workers' compensation. Cash Benefits Cash benefits are paid to injured workers whose disability extends beyond two weeks (14 days). Once the cash benefits begin, they are retroactive. In other words, you won’t get them for several days after you file, but when you do, you are paid from the first day you missed work onward. If your injury forces you to take time off work due to a partial or total disability, you may also receive cash benefits. These are calculated based on your last year of employment. Do... --- - Published: 2020-12-30 - Modified: 2023-04-10 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-does-a-workers-compensation-defense-attorney-do/ What does a workers' compensation defense attorney do? They help you fight for the benefits you deserve. You take the right steps, but your workers’ compensation claim may still be disputed or denied. Seek the advice of a qualified workers’ compensation defense attorney. There are many ways a lawyer can boost your chances of recovering the maximum amount of coverage possible. Your attorney can also help you prepare for common reasons for denial, file an appeal after a denial, and explore options for recovering further damages from any liable third parties. The Weinstein Law Group offers free consultations at no risk or obligation to you. Give us a call at (212) 741-3800 or contact us online to find out how a workers’ compensation attorney could help you with your case. Whether you’ve very recently been injured and want to make sure you cover all your bases or your claim has been denied and you need help with the appeals process, meeting with one of our qualified workers' compensation defense attorneys can help get you on the path to recovery. Overview of a New York City workers’ compensation case The workers’ compensation laws in New York allow you to recover damages without proving negligence. This means that regardless of whether an accident may have been your fault, another employee’s, or your employer’s, you will remain eligible for workers’ compensation. One of the few exceptions to this is when you intentionally injure yourself, or when an employee or employer intentionally injures you.... --- - Published: 2020-12-30 - Modified: 2022-01-03 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/what-does-workers-compensation-cover/ When you become sick or injured as a direct result of your job, you’ll inevitably ask, “What does workers’ compensation cover? ” This insurance program provides cash benefits and medical assistance for anyone who qualifies. If you find yourself struggling with medical expenses, lost wages from missed work, or a loss of wage-earning potential, seeking the help of a seasoned New York workers’ compensation attorney can help get you on the path to recovery. When dealing with the stress of a workplace-related illness or injury, your concerns shouldn’t be on dealing with the complicated and frustrating workers’ compensation system. The Weinstein Law Group has been helping the victims of New York workplace accidents fight for the benefits they deserve for 30 years. Let us handle the legal system while you focus on getting healthy. If you’ve been injured and are struggling to claim benefits, call us today at (212) 741-3800 to schedule a free consultation so we can get started on your case as soon as possible. What is covered by New York workers’ compensation? Unlike personal injury cases, fault is not considered in a workers’ compensation case so long as the injury occurred within the scope of employment. That is why it is important to under stand what workers compensation covers. The amount you’re eligible for is not changed by how careless you or your employer was in relation to your injuries. Instead, it’s determined solely by your damages, which can include the following and more: Benefits Apply To... --- - Published: 2020-10-29 - Modified: 2025-08-08 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-are-some-common-construction-accident-injuries/ New York City is subtly defined by ongoing construction ringing and humming throughout the five boroughs. While our iconic skyscrapers grace countless photos and merchandise, it's the hands that built these massive monuments that make this special place what it is. An unfortunate consequence of all this construction of towering heights and unfathomable complexity is that construction accidents are common. According to the U. S. Bureau of Labor Statistics (BLS), "The private construction industry sector had the highest number of workplace fatalities in New York City. ” Twenty-two deaths in the sector occurred in 2018, making up 30% of all workplace deaths from that year. Construction accident injuries and fatalities can happen in many ways, but the Occupational Safety and Health Administration (OSHA) regards a few of the most common construction accident types as "The Fatal Four". They make up a majority of fatal accident cases each year. If you have recently been hurt on the job, reach out to a New York construction accident lawyer. Workers' comp may not apply or may not be enough to cover your full injury costs. Contact The Weinstein Law Group today to learn what other sources of recovery there may be. Call (212) 741-3800 or contact us online now to schedule a free, no-obligation case review. Most common construction accident injuries Every construction site poses different risks for each worker. As a result, there are some fairly colorful and harrowing stories of unique types of construction accidents. But at the same time, the... --- - Published: 2020-10-29 - Modified: 2022-01-03 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-are-some-common-types-of-construction-contracts/ Whether building a new house or expanding a business, sometimes the easiest part of the construction is the actual physical labor. That's because the volume of paperwork involved can be fairly hefty. No matter the project, every municipality requires filed agreements between the property owner and the contractor, as well as any engineers, architects, subcontractors, and suppliers involved. Failure to properly file the contracts can result in headaches and legal problems for years to come. With this in mind, it’s best to make sure it’s all squared away before the first nail is driven. This article will focus on the most common types of construction contracts required by New York state law. It will also look at some legal disputes that could arise during the construction process. 5 Common Types Of Construction Contracts There are five basic types of construction contracts that are most often used when a building project is begun. They are: Lump-Sum or Fixed-Price Contracts Time and Materials Contracts Unit Pricing Contracts Cost-Plus Contracts Guaranteed Maximum Price Contracts Each type of contract offers different avenues of payment and funding for builders, architects, subcontractors, suppliers, etc. They also map different time limits on construction and regulate just what can be done after construction begins. Lump-Sum Contracts Also known as fixed-price contracts, these contracts outline one fixed price for all work done under them. Because of their simplicity, lump-sum contracts are the most common type of construction contract. This makes them highly familiar to the average contractor. Lump-sum contracts... --- - Published: 2020-10-29 - Modified: 2023-06-28 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/who-is-protected-by-new-york-labor-laws/ The state of New York has many laws and regulations designed to protect workers' physical and financial health. However, laws also help assure their employment is fair and payment is guaranteed. The state’s Workers’ Bill of Rights (available in 15 languages) outlines regulations all employers must follow to protect their employees' rights. The rules serve two purposes: protecting the worker and helping the employer maintain a quality, financially successful business. New York State Human Rights Law Alongside federal laws, New York state offers a bevy of specific protections for its workers. They are protected from discrimination, guaranteed health care coverage in certain situations, given mandatory accommodations during and after pregnancy, and are offered a much higher minimum wage than the federal standard. The New York State Human Rights Law (NYSHRL) prohibits employers from discriminating against anyone seeking employment within these criteria: Age, as long as the applicant, intern, or employee is 18 years or older Race, religion, creed, color, or national origin Sex, sexual orientation, or gender identity and expression Disability or predisposing genetic characteristics Military status Familial or marital status Status as a victim of domestic violence The NYSHRL covers various features protecting workers. Employers are required to meet these regulations or face legal actions and fines. Employees may bring sexual harassment claims regardless of the size of the employer. Employers are prohibited from retaliating against any employee that brings forth a claim related to NYSHRL statutory language. Under NYSHRL, New York’s Compassionate Care Act (CCA) includes certified medical... --- - Published: 2020-10-29 - Modified: 2023-06-21 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/whos-liable-for-my-injuries-after-an-nyc-construction-accident/ Every year, thousands of New York construction workers are injured on the job. According to statistics from the New York State Department of Labor, there were 9,500 workplace injuries in the construction industry across the state in 2018. In New York City alone, the construction industry contributed 30 fatal occupational injuries, making up 30% of all job-related deaths that year. When someone is hurt or tragically killed due to an accident at a construction site, injury victims and their families may wonder where to turn to for financial recovery. Hospital bills, future treatment costs, lost earnings, and other damages all take their toll. How an attorney can prove liability in construction accidents Fortunately, anyone hurt at a construction site in New York City has a number of legal options available. Their first priority is filing workers' compensation with their employer organization, but there may also be others liable for your construction site injury. Identifying these parties is crucial to the successful financial recovery of all your damages. Too often, workers' compensation fails to cover the costs of a catastrophic injury. Individuals with excess damages can work with a trusted New York construction accident lawyer. An experienced attorney can identify all other at-fault parties and seek the maximum amount of compensation available for all of your damages - not just the ones workers' comp is willing to cover. The Weinstein Group is here and ready to help after your accident. Call (212) 741-3800 or contact us online to speak to an... --- - Published: 2020-10-29 - Modified: 2022-03-02 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/can-anyone-join-a-union/ Under rules originally set by the National Labor Relations Act of 1935, every worker in the United States has the legal right to join an existing union or organize a new one. Employers cannot legally retaliate against you, threaten you, or take discriminatory action. The one caveat is that existing unions and their local chapters usually have requirements for entry, as well as a limitation on the size of their membership rolls. A prospective member needs to meet eligibility criteria and apply for membership, similar to applying for a job. With a trade labor union, an individual has to go through an apprenticeship program to be qualified as a "skilled" laborer or a "journeyman" before they are considered for entry. Other times, an applicant merely has to be employed in the profession the union concerns, such as a local teacher's union or the American Postal Workers Union. So technically, anyone can join a union, but you may need to meet certain minimum qualifications. The following are some of the minimum qualifications that may be required before you can join a specific trade union in your local community. Sponsor/Nominee Historically, many unions required that an aspiring applicant either personally know an existing member or seek one out. This member would introduce the potential applicant to fellow union members, stewards, and other officials. If the individual made a good impression and was at a professional level that qualified them for membership, they might be inducted as a new member. Today, sponsorship requirements... --- - Published: 2020-10-29 - Modified: 2022-02-11 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-significant-us-laws-are-unions-responsible-for/ Union-backed collective action is responsible for many of the labor protections and laws that currently define our American workforce. In fact, many aspects of our culture revolve around things that unions helped establish: a 40-hour workweek, weekends off, overtime pay, and more. "Over the years, these rules have become mainstays of the American workplace experience, constituting expressions of cherished public values," writes the Economic Policy Institute. While many pundits may want to wash over the productive history of unions and the landmark protections they've afforded us today, the fact remains that unions have made massive contributions to our rights as workers. With this in mind, here are some of the most important pieces of legislation that union lobbying and political action have brought to bear. 1935 - National Labor Relations Act (NLRA) The granddaddy of all worker protections, the NLRA established workers' rights to unionize, engage in collective bargaining, and to be spared from oppressive management and private labor practices that attempt to undermine union power and support. Under the NLRA, employers were no longer able to legally discriminate against union members or group-related worker activities. The act also established the National Labor Relations Board (NLRB), which continues to serve as the major labor law enforcement agency in the United States. Individuals concerned about workplace abuses can report employers to the NLRB for investigation. Originally, unions wishing to engage in collective bargaining with major employers could request NLRB representatives to serve as mediators during negotiations. That function has since been... --- - Published: 2020-10-29 - Modified: 2024-01-04 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/can-union-dues-be-used-for-political-purposes/ Union members enjoy the advantages of their organization's bargaining power and increased benefits. However, they may be concerned that some of their dues are going to activities that they either are not interested in or do not approve of. Many people wonder if the union dues they pay go to political campaign contributions, lobbying, or other political activities. These individuals can rest assured that many legal protections prevent union dues from being used to fund campaigns or lobbying efforts. On top of that, most unions understand that using mandatory dues for political purposes is unpopular. Instead, they fuel political spending from PACs and other organizations, which are funded through voluntary donations. So while there may be some intermixing of politics and union activities in some union organizations, federal laws and self-imposed limitations make it very rare and limited primarily to non-campaign-related activities. What laws and restrictions prevent union dues from going to political campaigns? The 1988 Supreme Court decision Communications Workers of America v. Beck requires unions to separate collective representation costs from other activities. Furthermore, a 2019 National Labor Relations Board (NLRB) decision says that lobbying cannot be considered a "representation" activity, even if it sometimes directly involves collective bargaining concerns. As a result, the vast majority of unions do not spend any due money on political activities, especially if they represent public sector employees. Here are a few examples of statements made by prominent unions assuring members that their dues do not go to political purposes: United Federation... --- - Published: 2020-10-29 - Modified: 2025-08-11 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/new-yorks-scaffolding-law/ One of the biggest culprits for construction injuries is gravity. Falls are a major source of severe injury and death, but being struck by falling objects or collapsing structures is another major contributor. Workers' compensation is the primary recovery system after any workplace injuries. However, New York state law is different in that it applies strict liability to employers, contract awarders, and property owners for nearly all accidents involving gravity. This protection is referred to commonly as New York's "Scaffold Law," and it can be found in the New York Labor Laws § 240. If you have been hurt as a result of a fall or other gravity-inflicted injury while at work and have specific questions about who may be liable, speak to an experienced New York construction accident lawyer during a free, no-obligation case review. Call (212) 741-3800 or contact us online to schedule your free appointment now. What Is New York Labor Law § 240, AKA the Scaffolding Law? New York Labor Law § 240 makes a number of statutory requirements regarding the safety of all construction activities taking place upon "buildings. " Since New York law legally defines many structures as "buildings" - including bridges, tunnels, garages, large boats, and more - Labor Law § 240 broadly many situations. The most relevant passage of Labor Law § 240 for injury claims is found in Article 1: "All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct... --- - Published: 2020-10-28 - Modified: 2022-09-22 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/how-long-does-a-construction-site-lawsuit-take-to-settle/ Filing a lawsuit after a construction accident injury is the best way to recover all of your medical costs, lost wages, and other damages. But unfortunately, the timeline of your lawsuit can be difficult to predict. Some lawsuits can take several years to fully resolve. And while many cases do result in a speedy settlement, it's best for injured clients to set realistic expectations going into the litigation process. They have to be confident that the damages they seek are substantial, as there are limited options for recovering losses any other way. In other words, a lawsuit is always worth the wait. If you have been injured in a construction accident, you should contact an attorney to begin the process right away. Many factors can affect the length of a construction site accident settlement case. You should discuss these factors with your construction accident lawyer in New York, allowing you to set expectations and strategize moving forward. If you have questions about your case or want guidance from experienced construction accident lawyers in New York, schedule a consultation with The Weinstein Law Group at no charge or risk to you. Call (212) 741-3800 or contact us online to schedule your free appointment now. Factors Affecting the Length of Your Construction Site Settlement Timeline No two construction injury cases are exactly alike, but some common factors determine not just the likely outcome, but how long it will take to arrive at that outcome. How Long Your Injuries Take to Heal The... --- - Published: 2020-10-28 - Modified: 2023-06-21 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-should-i-do-if-my-construction-site-isnt-following-osha-safety-standards-and-i-get-hurt-because-of-it/ The employer-employee relationship should be fairly simple. The employee gives their labor in exchange for payment. Along with that basic agreement comes certain other things that are expected in the relationship. A fair wage. A reasonable work schedule. Time to rest or eat. Plus, a safe working environment. In 1970, the U. S government founded the Occupational Safety and Hazard Administration (OSHA) to ensure employers were following industry standards and guidelines. Since then, workplace accidents have fallen significantly. These guidelines were established for a reason so if your construction site is not following OSHA standards, you should report it before an injury occurs. Of course, accidents still happen, and construction sites are one of the most dangerous places to work. According to the U. S. Bureau Of Labor Statistics, of the 5,147 work-related fatalities in 2017, 971 were due to accidents at a construction site. That counts for almost 18% of the total workplace fatalities in the country, even if everything meets OSHA standards. Unfortunately, some employers try to cut corners, and many think keeping their labor safe and healthy isn’t quite as important as profit. If you feel your workplace is unsafe, you have rights. That’s where The Weinstein Law Group can help you. Our experienced and knowledgeable attorneys will help you assess what needs to be reported, file a complaint with OSHA, and protect you from any fallout that may arise from whistleblowing. We can also help you determine what damages may be available for your injury and... --- - Published: 2020-10-28 - Modified: 2023-06-21 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/workers-compensation-with-lawsuit/ Filing a workers' compensation claim and accepting a settlement does not prevent you from being able to pursue a claim against someone else, as long as they are not your employer. Workers' compensation and lawsuit settlements are separate legal matters. However, your workers' comp carrier may be allowed to recover (subrogate) a portion of your earnings from a third-party claim. Be aware of this fact, and strategize accordingly with the help of an experienced New York personal injury lawyer. Learn more about your legal rights and best available options by speaking with a New York workplace accident attorney. Call (212) 741-3800 or contact us online to schedule your free, no-obligation case evaluation now. Understanding your legal options after workers' compensation If your employer carries workers' compensation insurance, then you are legally prevented from suing them except in extreme circumstances. If your employer lacks the necessary insurance, you can seek a direct claim against them, including the company heads' personal assets, in some situations. If you are working as a subcontractor on a job, such as on a construction site, then not having workers' comp insurance can also allow you to claim workers' comp from the general contractor or project owner. The beauty of workers' compensation insurance is that it is "no-fault" insurance. However, it may not pay for the full extent of damages caused by a workplace injury. Notably, you are not eligible to receive payment for pain and suffering within any workers' comp policy. So while you can expect... --- - Published: 2020-10-28 - Modified: 2022-04-07 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/statute-of-limitations-in-construction-accidents/ If you or a loved one has recently been in a construction accident, you’re probably dealing with a lot of stress. On top of the pain and suffering a bad accident can bring, you may also be out of work with no other source of income for the foreseeable future. Hospital visits, medications, therapy, surgeries, and more can overwhelm victims of a construction site injury. Fortunately, construction workers and their families may have legal recourse. Workers’ compensation can be filed for any injury that occurred while engaging in the activities required by the job, and negligent parties can be held liable if their behavior led to the accident. Knowing your rights is key to pursuing the compensation you need. One of the most critical aspects to be aware of is the statute of limitations for your injury claim. There are different time limits for the different aspects of such an injury case, so a smart move is to consult with a local construction accident lawyer in New York and get an understanding of your options. The Weinstein Law Group has been serving New York construction workers and their families for 30 years. Now, we want to see you recover and get back to your life. Call us at (212) 741-3800 or contact us online, and we can schedule a free, no-risk consultation and provide you with the information you need to make your next move. Statute of Limitations on New York Workers’ Compensation Stories of construction injuries remain common, even... --- - Published: 2020-10-28 - Modified: 2021-12-07 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/damages-from-construction-injury/ Being involved in a construction accident can have life-changing consequences. You may not only have a serious medical condition that takes months to heal, but you'll also have medical bills and lost income to worry about. On top of that, your injury may have lasting effects, and you may not be able to earn the same amount you once did before your accident. Luckily, most construction accident injury victims have legal recourse. They can file workers' compensation for all injuries. Additionally, contractors, sub-contractors, employees, property owners, and sometimes even product manufacturers can be held liable. Consulting with an experienced construction injury attorney can help you figure out how you can recover medically and financially in the long run. The Weinstein Law Group is dedicated to supporting the victims of construction accidents. For 30 years, we’ve been working for the injured and fighting against the injustice of unprosecuted negligence. You deserve to recover from your injuries and receive compensation for all related financial losses, plus personal suffering. Give us a call at (212) 741-3800 or contact us online, and we can get started on recovering the damages from your construction injury as soon as possible. Types of Damages in a New York Construction Accident Case When an accident occurs, an injured person needs to prove that there were damages. Compensatory damages are intended to relieve the injured of their loss. This usually means a financial loss, but other damages are also recoverable depending on the details in your case. The list... --- - Published: 2020-10-28 - Modified: 2022-03-02 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/subcontractor-rights/ More construction jobs these days require the use of subcontractors, many of whom have their own subs contracted out to help them complete their work. These arrangements can get complicated fast. It may be unclear what subcontractor rights exist in reference to the project owner or the general contractor. Luckily, New York statutes and contract law have many protections in place for subcontractors. Legislators - and those who lobby them - are smart enough to know that without such protections, any project could devolve into a logistical nightmare. Knowing your subcontractor rights are especially important if there's an injury or non-payment. Business owners and laborers can use the following information to help them know what rights they have and what actions they can take in either event. Right to Workers' Compensation Provided by the Contracting Party New York workers' compensation laws (NYCL WKC § 56) provide contractors with a choice: verify that your subs have workers' comp insurance, or be forced to cover them yourself. This protection means that all contracting parties must exercise due diligence when offering work to subcontractors. They must verify that the subs have either an insurance policy in place or adequate proof of financial responsibility to cover the costs of any injuries or deaths that occur on the job site. The Right to Safe Equipment and Conditions Related to Falling Hazards (Scaffold Law) Generally speaking, contractors and owners are only liable for damages caused directly by their own negligence. If a sub-subcontractor's injuries were caused... --- - Published: 2020-10-28 - Modified: 2023-06-21 - URL: https://www.twlglawfirm.com/new-york-workers-comp-lawyer/no-workers-compensation-insurance-on-construction-site/ Being injured on a construction site can be a serious disruption to your life. When your employer has no workers' compensation insurance on their construction site and you need to pay for the costs of your injury, it can feel like you've been thrust into a dire situation. Not having the insurance you need to pay for your medical costs, lost wages, and other losses while you're hurt is not ideal, but the good news is that your employer's lack of insurance coverage grants you certain rights. Each of these rights can help you pursue an insurance claim. They include: The right to sue your employer directly The right to file a claim with the New York State Workers' Compensation Board's (NY WBC) Uninsured Employers Fund (UEF) The right to seek a claim with the workers' comp policy of the general contractor or project owner You also always have the right to seek a third-party claim against any other negligent parties in addition to your workers' compensation claim. Always consider who else may be at fault for your injuries in addition to your employer. If you are hurt and have questions, The Weinstein Law Group can provide you with an experienced New York construction accident lawyer to evaluate your case and offer guidance on the best steps moving forward. Speak to a construction accident lawyer in New York during a free, no-obligation consultation when you call (212) 741-3800 or contact us online to schedule your appointment now. Suing your employer... --- - Published: 2020-10-28 - Modified: 2022-01-25 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/can-i-sue-a-construction-site-for-wrongful-death/ Despite advances in technology and safety standards, a construction site is still one of the most dangerous places to work. Equipment malfunction, falls, fires, electrocution, and many other mishaps can result in serious injury or death. If you’ve lost a loved one in a New York construction site accident, it’s important to identify the individuals and organizations that may be responsible. It’s the only way to fight for the financial compensation you’ll need to secure long-term recovery outside of the workers’ compensation system. The Weinstein Law Group has years of experience assisting the victims of negligence on New York construction sites. Whether you’re navigating tricky workers’ compensation rules or seeking further damages from property owners, contractors, equipment manufacturers, or other responsible parties, a New York construction accident lawyer can help. Call us at (212) 741-3800 or visit us online, and we can potentially get started on your case today. When Can I Pursue a Wrongful Death Case? If you are the spouse, child, or parent of the deceased, you should be eligible to seek damages from negligent parties. In some cases, siblings or other close relatives may be able to pursue a wrongful death case as well, but usually only if there are no other qualified surviving family members. These individuals can file what's known as a wrongful death claim. Such a claim compensates them for losses such as funeral expenses, burial, medical debts transferred to them concerning the decedent's fatal injury, and compensation for pain and suffering. You have... --- - Published: 2020-10-28 - Modified: 2022-02-11 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/how-common-are-construction-site-injuries/ Construction site injuries are quite common. Behind farming, construction jobs cause more injuries than any profession. According to the United States Bureau of Labor Statistics, over 150,000 injuries occur at construction sites each year, claiming the lives of 109 workers in 2018. While regulations have made the industry safer than ever, 2018 saw a massive rise in job site fatalities. In New York City alone, there were over 73 occupational deaths in 2018. The trend has continued into 2019, almost doubling in number. Why does this keep happening? Employers cutting corners on equipment and material, demanding longer hours and less rest from laborers, and lack of experience all play a part in workplace accidents at the construction site. Regardless, construction continues to be a bedrock of the New York economy, and workers will continue to get hurt despite everyone’s best efforts. If you find yourself injured at work due to circumstances beyond your control and need someone to help defend your legal rights, call the Weinstein Group. Our construction accident lawyers in New York are dedicated to helping workers injured on the job get the compensation they need and the justice they deserve. Call 212-741-3800 or contact us online today to set up a free, no-obligation consultation. OSHA's "Fatal Four" Construction Site Accidents Nearly one in five workplace accidents in New York happens on the construction site. Studies done by the United States Occupational Safety & Health Administration (OSHA) show that most of them are caused by what they’ve called... --- - Published: 2020-10-28 - Modified: 2022-02-11 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-are-the-most-common-osha-violations/ The Occupational Safety and Health Administration (OSHA) aims to prevent injuries and deaths in risky industries like construction. Unfortunately, despite OSHA's best efforts, thousands of people are injured and dozens killed in occupational accidents each year. Many of these accidents could have been prevented had the worksite followed OSHA rules as described in the Code of Federal Regulations (CFR). If you are hurt at work, you may have other forms of financial recovery available beyond workers' compensation. Third-party project owners, subcontractors, and property owners all have a responsibility to ensure OSHA standards are met. If your injury was caused in part by a third party or an egregiously negligent employer, you may have legal recourse. The Weinstein Law Group can help you when OSHA violations or other forms of negligence result in an injury or a loved one's death. Call a workplace injury lawyer in New York today at (212) 741-3800 or contact us online to schedule a free, no-obligation case review. Read on to see the top 10 OSHA violations cited in 2019. 1. Fall Protection - General Requirements Fall protection rules generally have no exceptions, yet "exceptions" are often the norm in some workplaces. Every situation involving a height of six feet or greater should be met with the appropriate protection measures. These measures can include guard rails, personal fall arrest systems, or safety nets. Common violations include inadequate fall protection for construction activities and low-slope roof work, a lack of toeboards and fall protection in steep roof... --- - Published: 2020-10-28 - Modified: 2023-06-28 - URL: https://www.twlglawfirm.com/new-york-construction-accident-lawyer/what-are-the-leading-causes-of-construction-site-injuries/ The construction industry has a handful of leading causes of construction site injuries that account for the vast majority of missed workdays and worker fatalities. Red hard safety helmet hat for engineer on concrete ground with African-American male engineers injured the accident from working blurred image background. In New York City, the construction industry leads all others when it comes to workplace deaths. The Occupational Safety and Health Administration (OSHA) even focuses on construction site hazards exclusively when summarizing commonly-cited statistics. If you have been hurt as a construction worker, you have the right to seek compensation from all liable parties. Workers' compensation may only cover some of your losses. The remainder can be sought from non-employer third parties whose negligence or hazardous workplace conditions contributed to your accident. A New York construction accident lawyer from The Weinstein Law Group can help you determine which parties could hold fault for your injury, what forms of compensation might be available, and what the next best steps are for pursuing a potential claim. Call (212) 741-3800 or contact us online to schedule a free, no-obligation case review. When it comes to construction site injuries, you can look to the following leading causes of construction site injuries as the biggest risks on the job site. Falls Falls are the leading cause of death and major injury in the construction world. The New York Committee for Occupational Safety & Health (NYCOSH) releases an annual report entitled "Deadly Skyline". The most recent version of this... --- --- ## Posts - Published: 2025-09-25 - Modified: 2025-10-15 - URL: https://www.twlglawfirm.com/blog/how-can-ai-dash-cams-reduce-accidents-in-construction-areas/ - Categories: Construction Accident Construction is inherently dangerous, and business owners must take every precaution to limit injuries to their workers and the public. A current trend to protect these individuals involves using dash cams for construction vehicles that are powered by artificial intelligence (AI). The footage from these devices could support civil claims from those hurt on construction sites or by construction vehicles. Below, a New York construction accident lawyer from Weinstein Law Group discusses how AI dash cams can reduce accidents in construction areas, as well as what you need to do if you are seeking workers’ compensation after an accident. How companies use AI dash cams for construction vehicles to improve safety Many construction companies already have security camera systems on construction sites, but may not install them in vehicles. Using AI-powered cameras on the dashboards of trucks, bulldozers, employee cars, and other vehicles is an improvement that provides real-time monitoring. Employers can receive notifications about driver behavior and when drivers exceed safety standards, such as speeding or hard braking. Fleet managers can use live views or video footage to keep an eye on high-risk drivers, such as those hauling hazardous or flammable substances. In conjunction with GPS tracking devices, AI dash cams can provide valuable details about potential hazards to enhance safety, alert drivers, and prevent accidents. By watching through support apps as employees operate cranes, dump trucks, loaders, and other heavy equipment, they can identify problems with real-time alerts. These issues may involve driver safety, PPE violations, deviations from... --- - Published: 2025-08-28 - Modified: 2025-09-25 - URL: https://www.twlglawfirm.com/blog/unsafe-infrastructure-injuries/ - Categories: Personal Injury, Slip and Fall, Worker's Compensation New York has many old buildings, sidewalks, and public spaces. When owners don’t take care of them, serious accidents can happen. A broken stairway, a collapsing ceiling, or a faulty elevator can cause injuries or even death. If you’ve been hurt because of unsafe conditions, you may be able to get money for your injuries. A New York construction accident lawyer helps injured New Yorkers understand their rights and fight for the compensation they deserve. What is unsafe infrastructure? Unsafe infrastructure means anything built or maintained poorly that puts people at risk. In New York, this includes: Collapsing stairways, balconies, or parking garages Broken sidewalks or potholes Elevator or escalator malfunctions Falling bricks or debris from old buildings A real example involving public infrastructure happened in April 2023, when a parking garage in Lower Manhattan collapsed. One worker was killed, and several others were hurt. The four-story structure suddenly gave way, crushing cars and injuring people nearby. Investigators later found that the garage had violations from the NYC Department of Buildings, and it wasn’t properly maintained. Who is responsible when something goes wrong? In New York, the law says property owners are responsible for properly maintained infrastructure. If they don’t, and someone gets hurt, they can be held responsible. This is called premises liability. Many serious injuries occur due to infrastructure accidents, and these include slip and falls, broken bones, and traumatic brain injuries (TBIs). Possible parties who may be responsible include: Landlords and building owners City or government agencies... --- - Published: 2025-08-14 - Modified: 2025-09-25 - URL: https://www.twlglawfirm.com/blog/construction-accident-lawsuit/ - Categories: Construction Accident If you were hurt in a construction site accident, it’s important to understand how a construction accident lawsuit works. Understanding the steps involved can help you feel more prepared and supported while seeking compensation for your injuries. A construction accident lawsuit involves several complex steps and requires meticulous attention to detail and legal expertise. Workers’ compensation covers some injuries for injured construction workers, but in many cases, you may also have a right to file a personal injury lawsuit against a negligent third party. An experienced New York construction accident lawyer from The Weinstein Law Group will discuss your legal options and help you get the compensation you deserve. Initial consultation and case evaluation The first step is to talk with a construction accident attorney about your case. During this free consultation, The Weinstein Law Group will listen to what happened, review your medical records and accident reports, and explain whether you have a valid claim. We may also look at safety records, witness accounts, and photos from the job site. This is your chance to ask questions, understand your rights, and decide whether filing a claim is the right step forward. Damages in these cases may include medical expenses, lost wages, pain and suffering, and loss of future earning potential. Your attorney will carefully calculate these losses and present clear evidence to support the amount you’re owed. In some cases, punitive damages may also apply. Filing the lawsuit After reviewing your case, your attorney will file a formal complaint... --- - Published: 2025-06-05 - Modified: 2025-07-02 - URL: https://www.twlglawfirm.com/blog/what-are-some-common-construction-accident-injuries/ - Categories: Construction Accident Construction work is vital to the growth of New York, but it also comes with serious dangers. From towering scaffolds to heavy machinery, construction sites present daily risks for those who help build our city. New York construction accident lawyers see firsthand how devastating these incidents can be—not just physically, but emotionally and financially as well. Understanding the common accidents in construction and how to prevent them is the first step in staying safe. If you or a loved one has suffered a workplace injury, it's crucial to know your rights and how to navigate the claim process effectively. The most common construction injuries Construction work is physically demanding and often dangerous, especially on busy construction sites filled with moving machinery, unstable surfaces, and electrical systems. The Occupational Safety and Health Administration (OSHA) consistently ranks construction among the most hazardous industries in the U. S. , reporting thousands of serious and sometimes fatal incidents each year. Injury risks are not limited to one role or responsibility—whether you're operating heavy equipment, working on scaffolding, or handling electrical systems, the potential for harm is ever-present. Understanding the most common construction injuries can help construction workers and employers improve awareness and prioritize safety. 1. Falls from height Falls are the leading cause of fatal construction accidents. Workers frequently operate on ladders, scaffolding, roofs, and other elevated surfaces where the risk of falling is high—especially without proper fall protection. These accidents are often due to: Inadequate or missing guardrails Unsecured or improperly constructed scaffolds... --- - Published: 2025-04-17 - Modified: 2025-05-05 - URL: https://www.twlglawfirm.com/blog/how-often-do-accidents-occur-in-construction/ - Categories: Construction Accident, In the News, Personal Injury Construction accidents in NYC: Frequency, causes, and legal protections In the city that never sleeps, construction never seems to stop either. New York City's iconic skyline is constantly evolving, with approximately 40,000 active construction sites at any given time. While this development brings economic growth and new opportunities, it also comes with significant risks for the roughly 150,000 construction workers who keep our city building upward and onward. Keep reading for more from out skilled New York construction accident lawyers, then call (212) 741-3800 to schedule a free consultation today. The alarming frequency of NYC construction accidents Recent data from the New York City Department of Buildings (DOB) paints a concerning picture of construction safety in our city: In 2023, NYC recorded over 750 construction-related accidents These incidents resulted in more than 800 injuries and 13 fatalities Falls remain the leading cause of construction fatalities, accounting for approximately 33% of all deaths Manhattan leads the five boroughs in construction accidents, followed by Brooklyn and Queens These aren't just statistics--they represent real New Yorkers whose lives have been forever changed. In neighborhoods like Hudson Yards, Downtown Brooklyn, and Long Island City, where development is particularly concentrated, the risks can be even higher. Common causes of construction accidents in NYC Several factors contribute to New York City's high rate of construction accidents. 1. NYC's unique construction environment Our city presents unique challenges for construction safety: Dense urban environment with limited workspace Aging infrastructure that complicates new construction Extreme weather conditions throughout the... --- - Published: 2025-03-20 - Modified: 2025-05-05 - URL: https://www.twlglawfirm.com/blog/nail-gun-accident-statistics/ - Categories: Construction Accident, In the News, Personal Injury Nail gun injuries are alarmingly common in the construction sector. According to the Centers for Disease Control and Prevention (CDC), nail guns are responsible for an estimated 37,000 emergency room visits yearly. About 68% of these injuries occur among professional construction workers, with the remainder involving consumers. Keep reading to learn more surprising statistics regarding nail gun accidents in the construction industry. If you or a loved one were hurt on the job, our New York construction accident lawyers are ready to help. Contact us online or call (212) 741-3800 to schedule a free consultation today. The startling reality of nail gun injuries Here are some concerning statistics regarding nail gun injuries: Researchers found that nail guns injured 44% of apprentice carpenters in one program before they finished their training. Another study found 12% of nail gun injuries happen to workers not even using a nail gun. Over 50% of reported nail gun injuries involve the hands or fingers. Types of injuries caused by nail guns The majority of nail gun injuries involve the hands and fingers, but there are also a significant number of injuries to the legs, knees, thighs, and even more sensitive areas like the head and neck. The injuries can range from puncture wounds to more severe cases involving bone fractures or damaged tendons and ligaments. Why do nail gun accidents happen? Double fire: Unintentional double firing of the nail gun is a common issue, especially with contact trip triggers, like those found in bump fire... --- - Published: 2025-03-06 - Modified: 2025-05-05 - URL: https://www.twlglawfirm.com/blog/construction-dust-health-risks/ - Categories: Construction Accident, In the News Construction dust health risks: The dangers of construction dust and what to do if it causes illness Construction sites are notorious for the dust they produce. While it may seem like just a nuisance, the health risks associated with construction dust are serious and can lead to long-term health problems. Below, our New York construction accident lawyers delve into the dangers of construction dust and guide you on what to do if it causes illness. Understanding construction dust health risks is crucial for workers on the site and the surrounding community. The dangers of construction dust Construction dust, also known as respirable crystalline silica, is generated by activities such as cutting, grinding, drilling, and demolishing materials that contain silica--like concrete, brick, tile, and rock. The fine particles can be deeply inhaled into the lungs and cause various health issues. Health risks associated with construction dust Exposure to construction dust can lead to several serious health conditions, including: Silicosis: An incurable lung disease that can lead to severe breathing difficulties and is potentially fatal. Lung cancer: Extended exposure to crystalline silica has been linked to an increased risk of lung cancer. Chronic obstructive pulmonary disease (COPD): Conditions such as chronic bronchitis and emphysema can be exacerbated or initiated by dust inhalation. Kidney disease: Certain studies have shown that prolonged dust exposure is linked to an increased risk of kidney disease. Minimizing exposure to construction dust To mitigate construction dust health risks, it's crucial to implement and adhere to effective dust control... --- - Published: 2025-02-20 - Modified: 2025-03-13 - URL: https://www.twlglawfirm.com/blog/electrocution-hazards-in-construction/ - Categories: Construction Accident When electrocution accidents happen on the job site due to negligence, a New York City electrocution accident lawyer can fight for you to get the care, compensation, and justice you need. Electrical hazards in construction are serious situations that can result in life-changing injuries. The Weinstein Law Group is ready and equipped to help you during a difficult time. Our firm will compassionately guide you through the legal process and protect your rights. Electrical accidents are a serious problem in construction Electrocution accidents happen far too frequently in construction, putting workers at risk of injury and death. The Electrical Safety Foundation International (ESFI) reports that the construction industry has the most electrocution fatalities of any industry. Electricians, construction workers, roofers, painters, and carpenters make up about 30% of those deaths. Electrical accidents have also led to 3,260 injuries, many of which have prevented workers from returning to work immediately. These dangers, especially when caused by negligence, can cost victims their health and livelihood. Common causes of electrocution at construction sites Electrical accidents can occur in several ways. These dangers may not be apparent until it is too late. Below is a closer look at some of the most common causes of electrocutions on construction sites, according to the Occupational Safety and Health Administration (OSHA). Power lines Power lines can pose one of the biggest dangers to construction workers. Vehicles and electricity-conducting objects can come into contact with power lines during various construction projects. Power lines may be above ground or... --- - Published: 2024-08-18 - Modified: 2024-11-27 - URL: https://www.twlglawfirm.com/blog/inwood-fire-injures-14/ - Categories: In the News Thirteen people and one firefighter were injured in a fire Tuesday morning in Manhattan's Inwood neighborhood, according to FDNY officials. The fire erupted at 570 W. 204th St. , between Sherman and Post Avenues, at 8:24 a. m. , in a six-story apartment building. Authorities transported four individuals to NewYork-Presbyterian Hospital and six others to Columbia University Irving Medical Center. Additional victims were treated at the scene by first responders. The conditions and identities of those injured were not immediately released. Fire officials reported that the blaze started on the first floor of the building. Leonard Rzepnicki, a resident who uses a wheelchair, described hearing a popping sound behind his nightstand to NY1. "It was hot, so I had to wrap my hand in something," Rzepnicki said. "And when I pulled it, I really heard a lot of popping. Then all of a sudden, I turn to the closet in the back and there were flames in there. " Over 100 firefighters were dispatched to the scene, and the fire was declared under control just before 10 a. m. The cause of the fire is still under investigation by fire marshals. The preventable nature of apartment fires Most apartment fires are preventable, yet property owners' or landlords' negligence can transform a safe living environment into a lethal inferno. The consequences can be devastating, leading to loss of life and severe injuries. Related article: Bronx, New York Apartment Fire Leaves 19 Dead and Dozens Injured Understanding fire-related negligence and property owner... --- - Published: 2024-08-02 - Modified: 2024-08-02 - URL: https://www.twlglawfirm.com/blog/repetitive-motion-injuries-in-construction/ - Categories: Construction Accident Repetitive motion injuries are prevalent in the construction industry, where tasks are often monotonous and physically demanding. These injuries, also known as repetitive strain injuries (RSIs), occur from repeated physical movements that create stress on the body, leading to pain, swelling, and even long-term disability. This blog explores repetitive motion injuries in construction, focusing on their causes, prevention, and the standards set by the Occupational Safety and Health Administration (OSHA) to manage these risks. Keep reading for insight from our New York construction accident lawyers. Causes of repetitive motion injuries in construction Repetitive motion injuries can develop from various tasks common in construction, such as hammering, drilling, lifting, and carrying. These activities might seem harmless in a single occurrence, but repeating them over weeks, months, or years can lead to significant injuries. Key factors contributing to RSIs in construction include: Frequency and duration of tasks – The more often and longer a task is performed, the higher the risk of developing an injury. Intensity of activities – Jobs requiring high force, such as lifting heavy materials, increase the strain on muscles and tendons. Inadequate recovery time – Insufficient breaks and recovery periods can exacerbate the wear and tear on body tissues. Poor ergonomics – Incorrect posture or improper tool use can significantly increase RSI risk. Recognizing symptoms of repetitive motion injuries Early detection of repetitive motion injuries can significantly reduce their severity. Symptoms often start mildly and gradually worsen, including: Persistent pain or tenderness in muscles and joints Swelling or... --- - Published: 2024-08-02 - Modified: 2025-08-20 - URL: https://www.twlglawfirm.com/blog/structural-failure-in-buildings/ - Categories: Construction Accident Structural failure in buildings can lead to devastating consequences, from serious structural damage to loss of life. For property owners, builders, and tenants, understanding the most common causes, like design flaws, material failure, or foundation issues, is key to prevention. Our New York construction accident lawyers explain the risks, responsibilities, and legal remedies available when structural failure occurs. Causes of structural failure in buildings Structural failures can stem from various factors, often related to design, construction, and maintenance flaws. Here’s a closer look at the common causes. Design flaws Faulty design is a major contributor to building collapses. This can include inadequate structural support, poor load distribution, and failure to consider dynamic forces like wind or seismic activity. Failing to account for dynamic forces can compromise structural integrity and lead to progressive collapse, where the failure of one component brings down others. Material failure Using substandard or inappropriate materials can lead to deterioration under stress. Material failure might result from inherent weaknesses, such as corrosion in metal or rot in wood, or from using materials that do not meet the specifications for a particular project. Construction errors Mistakes made during the construction phase, such as poor workmanship, incorrect assembly, or failure to follow design specifications, can all lead to structural weaknesses that may not be apparent until the building is subjected to stresses. Foundation issues Problems in the foundation, such as subsidence, erosion, or inadequate bearing capacity, can cause shifts and settlement, leading to structural failure. This is particularly critical... --- - Published: 2024-08-02 - Modified: 2025-08-20 - URL: https://www.twlglawfirm.com/blog/what-causes-scaffolding-to-collapse/ - Categories: Construction Accident Scaffolding collapses are often caused by poor construction, overloading, inadequate maintenance, or unsafe weather conditions. These failures are especially dangerous on busy construction sites, where workers rely on scaffolds to perform tasks at heights. When scaffolding isn’t built or secured properly, the risk of collapse increases. Learn the most common reasons scaffolding collapses and how workers and employers can help prevent these dangerous accidents. At The Weinstein Law Group, our New York construction accident lawyers fight for injured workers and stay up to date on the laws that protect them. Here’s what to know about scaffolding collapses and how you may be able to recover compensation after a fall. Key factors leading to scaffolding collapses Scaffolding collapses are a leading cause of construction site injuries, with the Occupational Safety and Health Administration (OSHA) estimating that scaffold-related incidents injure over 4,500 workers each year in the U. S. Most of these accidents are preventable. These are the key causes of scaffold failure: Poor construction and assembly One of the main reasons scaffolding collapses is poor setup. Scaffolding needs to be constructed properly using approved materials and designs. When it’s put together incorrectly or missing parts, it can become unstable. This can happen when workers aren’t properly trained or rushed to finish the job. In either case, unsafe scaffolding poses a danger to everyone nearby. Overloading Scaffolding is designed to support a certain amount of weight. Overloading scaffolds with too many workers or too much equipment can lead to structural failure. Supervisors... --- - Published: 2024-08-02 - Modified: 2024-08-02 - URL: https://www.twlglawfirm.com/blog/boom-truck-accident/ - Categories: Construction Accident With their versatile crane capabilities, boom trucks are indispensable on many construction sites. However, their size, complexity, and the nature of the tasks they perform can make them sources of significant risk. This blog explores key aspects of boom truck accidents in construction, providing essential knowledge and safety insights. If you were injured by a boom truck, contact the skilled New York construction accident lawyers at The Weinstein Law Group today. Common causes of boom truck accidents Boom truck accidents can occur due to various factors, each posing unique risks on construction sites. Some common causes include: Mechanical failure – Malfunctions in the hydraulic systems or structural failures in the boom can lead to catastrophic accidents. Operator error – Insufficient training or human error can result in improper boom operation, leading to accidents. Overloading – Exceeding the crane's operational capacity can cause tip-overs or collapses. Lack of maintenance – Regular maintenance is crucial for keeping boom trucks in safe working order. Neglecting this can lead to mechanical failures. Preventative measures and safety protocols To reduce the risk of accidents, construction sites must implement stringent safety protocols, including: Proper training – Operators should receive comprehensive training on safely operating boom trucks, including understanding load limits and emergency procedures. Routine inspections – Regularly inspecting boom trucks for any signs of wear or mechanical issues is essential. This includes checking hydraulic systems, load-bearing components, and safety devices. Safety zones – Establishing clear safety zones around the operating area of boom trucks can help... --- - Published: 2024-05-07 - Modified: 2025-08-11 - URL: https://www.twlglawfirm.com/blog/common-workers-comp-delay-tactics/ - Categories: Worker's Compensation Navigating workers' compensation claims can be challenging, especially when encountering delay tactics employed by insurance companies. Understanding and countering these workers comp delay tactics is crucial to ensuring you receive the benefits you deserve. Keep reading to learn some of the most common delay tactics and how to handle them effectively. When you’re ready, contact a New York workers’ compensation lawyer at (212) 741-3800. Requesting excessive documentation One of the prevalent workers’ comp delay tactics is requesting excessive documentation. Insurance companies may repeatedly ask for extensive medical records, detailed work histories, or redundant documentation that they already possess. This tactic can stall the process, as gathering this information might take considerable time and effort. Strategy to counter Ensure all documentation is thorough and organized from the beginning of your claim. The Weinstein Law Group can assist in compiling and reviewing all necessary documents to ensure you meet the requirements without any unnecessary delays. Delayed approval for medical treatments Another common tactic is delaying the approval of necessary medical treatments. This can be particularly frustrating as it directly affects the injured worker’s recovery process. Insurers may take their time to authorize surgeries, therapies, or other critical treatments. Strategy to counter It's important to have legal representation to press the insurance company for timely responses. The Weinstein Law Group has experience in expediting these processes and can take legal actions if unreasonable delays continue. Frequent changes in claims adjusters Changing claims adjusters frequently can also lead to processing delays. Each time a... --- - Published: 2024-05-07 - Modified: 2024-05-07 - URL: https://www.twlglawfirm.com/blog/reasons-why-workers-comp-claims-are-denied/ - Categories: Worker's Compensation Workers' compensation claims support injured employees, but not all claims sail through smoothly. In New York, there are several common reasons why a workers comp claim is denied. Understanding these reasons can help you avoid potential pitfalls, and knowing how to address them can be crucial if your claim faces challenges. The Weinstein Law Group in New York City specializes in helping workers navigate these complex situations. Call (212) 741-3800 when you’re ready to get started. 1. Lack of evidence of injury occurring at work A frequent cause for a workers comp claim being denied is insufficient evidence that the injury occurred while on the job. In New York, workers' compensation is designed only to cover injuries directly related to employment. Strategy to counter Ensure that you report the injury immediately to your employer and seek medical treatment as soon as possible. Documentation from your doctor should explicitly link your injury to your work activities. The Weinstein Law Group can assist in gathering and presenting the necessary documentation to support your claim. 2. Missed deadlines Timeliness is crucial in workers' compensation cases. Failing to report the injury within the required timeframe or missing the deadline to file a claim can result in denial. Strategy to counter Familiarize yourself with the New York workers' compensation deadlines. Generally, you must report the injury to your employer within 30 days and file a claim with the New York State Workers' Compensation Board within two years. The Weinstein Law Group can help ensure that... --- - Published: 2024-01-31 - Modified: 2024-05-15 - URL: https://www.twlglawfirm.com/blog/how-to-win-a-workers-comp-appeal/ - Categories: Worker's Compensation It’s frustrating to have a valid New York workers’ compensation claim denied, but fortunately, many injured workers have the right to file an appeal with the New York Workers’ Compensation Board. With the help of an experienced New York workers’ compensation lawyer, you have a much stronger chance of winning an appeal than you would if you tried to appeal on your own. Your lawyer advises you of the best course of action for your specific circumstances, but there’s plenty you can do on your own to put yourself in a better position to have your claim approved. Understanding why your claim was denied The denial letter from the New York Workers’ Compensation Board will list the reason or reasons for the claim denial. Creating your appeal starts with knowing why it was denied so you can present information to contest that reason. Common reasons for a claim denial include missing documentation or errors, the severity of the injury, or questionable circumstances surrounding the incident. Sometimes, the employer denies the claim, citing that you weren’t following safety protocols or that there was no employer-employee relationship. Your lawyer can explain what types of evidence are acceptable to the Board and can help you gather it, including subpoenaing witness testimony or safety records from your employer. Talk to a workers’ comp lawyer If you plan to file an appeal, talking to a lawyer should be your next step. They can draft the appeal for you and ensure that no errors or omissions... --- - Published: 2022-12-07 - Modified: 2024-03-28 - URL: https://www.twlglawfirm.com/blog/pedestrian-at-fault-car-accident/ - Categories: Car Accident Surprisingly, pedestrians don’t always have the right of way. In fact, if they fail to follow traffic laws, they can be found at fault for car accidents. If you think a pedestrian is at fault for your auto accident, reach out to your New York car accident lawyer from The Weinstein Law Group, PLLC for a free consultation. Call (212) 741-3800 now. New York laws concerning pedestrians It’s often assumed that pedestrians have the right of way no matter what and drivers are consistently the responsible party. However, the state of New York has specific laws in place to protect both pedestrians and drivers. When pedestrians fail to follow these laws, they could be held responsible for any damages they cause. The following actions by pedestrians could entitle you to compensation. If you think a pedestrian’s actions resulted in your car accident, it’s important to receive medical attention and file a police report first. Then, talk to a lawyer to discuss your rights. Pedestrians must follow all traffic controls and signals. According to Title 7 Article 27, “pedestrians shall be subject to traffic-control signals as provided in section eleven hundred eleven of this title. ” For example, if a roadway doesn’t have pedestrian walking signals but it does have stop lights, then they are still required to follow the appropriate traffic signals. If they attempt to cross the road at a red light, they could be responsible for the car accident it causes. Pedestrians must not step abruptly in the... --- - Published: 2022-11-03 - Modified: 2024-04-02 - URL: https://www.twlglawfirm.com/blog/winter-injury-prevention-on-your-construction-site/ - Categories: Construction Accident Working construction during the winter presents its own set of hazards. Workplace culture may encourage workers to ignore symptoms related to cold stress injuries, fatigue, or serious issues like trench foot. If you are hurt on a construction site because of a cold-related injury or any other incident, you are likely eligible to file a workers’ compensation claim. You may also be eligible to file a liability claim against another third-party, such as an equipment manufacturer that makes a product that creates an unacceptably high risk of frostbite. Reach out to an experienced New York construction accident lawyer to learn more about your options for reclaiming all of your accident losses. Call (212) 741-3800 or contact us online to schedule a free, no-obligation case review. Be Aware of Cold Stress Injuries on the Construction Site The Centers for Disease Control and Prevention (CDC) cautions that “workers should be protected from exposure to cold so that the deep core temperature does not fall below 96. 8°F (36°C) and to prevent frostbite to body extremities. ” Cold stress injuries can sneak up on you quickly. Workers may feel warm and sweaty as a result of their labor, but their core body temperature could be dropping. The following are some of the biggest cold stress risks on a construction site. Hypothermia Hypothermia is a condition where the body’s core temperature drops below safe levels. It can lead to loss of consciousness, nerve system impairment, organ failure, and tissue death. Symptoms of hypothermia can... --- - Published: 2015-07-08 - Modified: 2024-03-28 - URL: https://www.twlglawfirm.com/blog/postal-workers-to-get-panic-buttons-for-dog-attacks/ - Categories: Dog Bite, In the News, Personal Injury You might think that being a postal carrier is an easy job. Being outside all the time and not stuck in some office. Getting to ride around in those cool little postal trucks. But being a postal carrier comes with dangers too. According to the United States Postal Service, about 6,000 postal carriers get attacked every year by animals. The problem has gotten so wide spread, that now the United States Postal Service is considering issuing panic buttons to all their carriers. When the panic button is pushed the postal worker is located via GPS and assistance is sent right away. It is estimated that the cost of the program is about $200 million dollars which seems like a lot of money for a business that is not doing too well these days, but anything that promotes worker safety is a good thing and should be looked into. Whether you are a postal carrier or not, if you have been injured by a dog, or any animal, the owner of that dog, or animal, may be held absolutely liable to you for the injuries you sustained if they had knowledge of any vicious propensity of that dog or animal before the incident. To see if you may be entitled to fair and just compensation for injuries you suffered from a dog, or other animal, contact THE WEINSTEIN LAW GROUP PLLC to see if you have a case. Consultations are always free. Call today and get some answers! --- - Published: 2015-06-24 - Modified: 2024-03-28 - URL: https://www.twlglawfirm.com/blog/community-law-day/ - Categories: Bicycle Accident, Car Accident, Construction Accident, Dog Bite, Fire Accident, In the News, Pedestrian Accident, Personal Injury, Premises Liability, Slip and Fall, Worker's Compensation Community Law Day - The Weinstein Law Group, PLLC “Know Your Rights” - “Everyone Has Rights” View PDF We at the Weinstein Law Group, Pllc, are excited to announce Community Law Day. Steven Weinstein, our founder, realized that not many people are aware of their rights or how the legal process works after 30 years of representing accident victims. We encourage you to attend our presentation, where we hope to answer any questions you may have about the law and how it applies to you. Accidents: Motor Vehicle Accidents Construction Accidents Motorcycle/Bicycle Accidents Slip, Trip and Fall Accidents Bus/ Taxi/ Subway Accidents Elevator / Escalator Accidents Workplace Accidents Sidewalk Accidents Pedestrian Accidents Falling Object Accidents Family Law: Divorce Custody Child Support Visitation Parent Rights Grandparent Rights Domestic Violence Orders of Protection Wills Immigration: Green Cards Citizenship Deportation Defense Asylum Waivers DACA Working Permits Other Actions Free Admission Free Refreshments Free Consultation Saturday June 27, 2015 3:00 - 5:00 pm Jewish Center of Jackson Heights 37-06 77th Street, Jackson Heights, NY 11372 For more info: 212-741-3800 “Everyone Has Rights” www. twlglawfirm. com View PDF --- - Published: 2015-06-24 - Modified: 2024-03-28 - URL: https://www.twlglawfirm.com/blog/head-on-collision-accidents/ - Categories: Car Accident, Personal Injury No driver ever wants to see another car come head-on in their lane. Head-on collisions cause some of the worst injuries out of any type of crash. Seatbelts and airbags are designed to protect people from being thrown forward out of their seat and through the windshield. But for whatever reason, people do sometimes drift into the other lane. Three adults and three children from New Jersey are in the hospital now after a head-on collision. Police say that a car traveling on Route 33 in Neptune drifted into on-coming traffic and struck another vehicle. As of the time of the news story, no one has died from their injuries. Knowing where to turn next after a car accident is difficult. The first priority is to treat the injured. The second priority is to give the police a report about what happened. Once that is done, your next call should be to a personal injury lawyer in your area that you can trust. You can’t always rely on the insurance companies to give you a good settlement. Before you sign any sort of settlement papers, contact the trusted lawyers at Weinstein Law Group, PLLC. We have years of experience representing clients from the New York area in personal injury cases. Let us prove our trust to you. Call today for a free and confidential consultation about what happened. We can help. --- ---