Manhattan Personal Injury
Construction accidents, car accidents, and other serious accidents are all too common in Manhattan. There was a building boom in 2011-2015, and during this time, according to the New York Committee for Occupational Safety and Health, construction-related fatalities went up. While the federal Occupational Safety and Health Administration performed fewer safety inspections during that time period, accidents involving either injuries or fatalities jumped from 128 at the start of that time frame to 435 in 2015. Personal injury lawsuits may be brought as a result of injuries arising from construction accidents, car crashes, dangerous property conditions, and more. If you are injured due to another individual or entity's fault, it is important to consult an experienced and skillful trial attorney. At Newman, Anzalone & Newman, LLP, our Manhattan personal injury lawyers provide knowledgeable legal representation to accident victims in claims and lawsuits.Seeking Damages in a Personal Injury Case
Manhattan sees a lot of new construction. For workers, construction is one of the most dangerous industries. While many construction accidents could be prevented by following safety rules promulgated by OSHA, contractors and subcontractors sometimes put profits ahead of safety, and the results can be deadly. Generally, workers are covered by the workers' compensation obtained by their employer. However, workers' compensation benefits are not substantial and may not cover the full scope of the injuries, particularly when injuries are catastrophic or fatal.
It may be possible for a worker (or if the worker has passed away, their personal representative) to recover damages against a third party. Construction sites often have multiple contractors and subcontractors. While the worker may not be able to recover against their employer, they may have a valid claim against other parties whose negligence caused the injuries. In a third-party claim, an injured worker will often need to prove the elements of ordinary negligence. This means that a personal injury attorney in Manhattan will need to prove that the worker was hurt by dangerous conditions that were created by or controlled by the third party, and the third party knew or should have known that these conditions were dangerous. People who recover damages in third-party claims should be aware that they would need to reimburse the workers' compensation insurer for the payments that they receive.
Labor Law 240 is a special rule that provides particular protection for fall-related injuries. Construction workers who perform work at elevation that is necessary or incidental to repairing or erecting a building are entitled to certain safety provisions. When these provisions are not made, and they suffer a fall-related accident, such as a fall from a collapsing scaffold, they may be able to recover damages from the party responsible for providing the safety provisions and supervising the project. The third party can only escape liability by showing that you were 100% responsible for the injuries that you suffered in a fall-related accident under this law. However, routine maintenance and repair work do not count as repair or erection of a building, and certain buildings are excluded.
What if you are walking down the street and are injured by a dangerous property condition in a slip and fall accident? There may be a basis for a Manhattan personal injury attorney to help you sue the property owner, but it depends on whether the owner knew or should have known about the dangerous condition. Often, actual notice is difficult to establish. It may be possible by going through the property owner's building or property records. However, in some cases, the property owner will simply deny knowing of the problem. Constructive notice may be easier to establish. In some cases, there is video surveillance of the property showing that the dangerous property condition existed for long enough that a reasonable property owner would have seen the problem and either fixed it or issued warnings about it.Consult a Knowledgeable Personal Injury Lawyer in Manhattan
After suffering devastating injuries in Manhattan, you should retain an aggressive and skillful trial attorney. Newman, Anzalone & Newman, LLP provides effective legal representation for personal injury lawsuits in New York City. Call us at 718-896-2700 or use our online form to set up a consultation to discuss your case.