Legal Guidance for Construction Accidents in Westchester

Navigating the aftermath of a construction accident can be daunting, especially when you're unsure of your legal rights. Many workers believe that workers' compensation is their only option, but under New York Labor Law 240 and 241, property owners and general contractors can also be held liable. This means you may be entitled to more than just workers' comp benefits. At Tomkiel & Tomkiel, we are committed to helping you understand your rights and secure the compensation you deserve.

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Do You Know Your Rights After a Construction Accident?

Construction sites are inherently dangerous, and accidents can lead to severe injuries. It's common for workers to feel overwhelmed and unsure about their next steps. The fear of lost wages and mounting medical bills adds to the stress. Tomkiel & Tomkiel is here to clarify your rights and options, ensuring you don't navigate this alone. Our firm has a proven track record of advocating for injured workers, providing the guidance you need to move forward confidently.

Situations Where We Can Help

Falls From Heights

If you've been injured due to a fall from scaffolding or ladders on a construction site in White Plains, you might assume workers' comp is your only recourse. However, New York's Scaffold Law (Labor Law 240) provides additional protections, holding owners and contractors responsible. This law ensures that safety measures are in place to prevent such falls, and we can help you pursue a claim under this statute.

Injuries From Unsafe Equipment

Construction sites must maintain safe, properly functioning equipment. When equipment fails, causing injury, it can be a case for liability beyond workers' comp. Labor Law 241(6) mandates that all sites adhere to safety codes, which can be grounds for holding parties accountable. Tomkiel & Tomkiel will evaluate your situation to ensure all responsible parties are identified.

Inadequate Safety Measures

A lack of proper safety measures often leads to accidents. Labor Law 200 requires all employers and property owners to provide a safe workplace. When they fail, and you suffer an injury, you can pursue claims against them for negligence. Our firm specializes in these cases, providing you with comprehensive legal strategies tailored to maximize your recovery.

Common Mistakes That Can Affect Your Claim

  • Not reporting your injury immediately can complicate your case.
  • Assuming workers' comp is the only option limits potential compensation.
  • Failing to document the accident scene can weaken your claim.
  • Accepting a quick settlement offer might not cover all your expenses.
  • Not consulting a lawyer familiar with construction laws can lead to missed opportunities.

How to Navigate Your Construction Accident Case

Document Everything

After an accident, it's crucial to document all details, including photos of the scene, witness contacts, and medical records. This evidence is vital for building a strong case.

Seek Immediate Medical Attention

Prioritize your health by getting medical attention promptly. This not only aids in recovery but also establishes a record of your injuries, which is critical for your claim.

Consult With Legal Professionals

Navigating legal complexities requires an experienced attorney. Tomkiel & Tomkiel provides the expertise necessary to assess your case thoroughly and guide you through each step.

Ready to Take Action?

Construction worker in a hard hat talking on a mobile phone.
  • What is the Scaffold Law?
    The Scaffold Law, or New York Labor Law 240, protects construction workers by holding property owners and contractors accountable for safety violations that lead to falls and related injuries.
  • Can I sue if I receive workers' compensation?
    Yes, under certain circumstances, you can pursue a lawsuit against third parties, like property owners or equipment manufacturers, even if you receive workers' comp benefits.
  • What should I do immediately after a construction accident?
    Seek medical attention, report the incident to your employer, document the scene, and contact an attorney to discuss your legal options.
  • How long do I have to file a construction accident claim?
    In New York, the statute of limitations for personal injury claims is typically three years from the date of the accident, but it's best to consult an attorney promptly.
  • What compensation can I receive from a construction accident claim?
    You may be entitled to compensation for medical bills, lost wages, pain and suffering, and more, depending on the specifics of your case.

Talk to a Lawyer About Your Situation

If you need answers after an aviation accident, you can speak directly with a lawyer to understand your next steps.