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  • Writer's pictureLeitner Varughese Warywoda

Building Safeguards: FAQs about Construction Accidents and Upholding Workers’ Rights




Q: What exactly does New York's Scaffold Law entail?


A: New York's Scaffold Law, formally known as Labor Law 240 and 241, is a critical piece of legislation designed to protect construction workers from the inherent risks associated with heights. The law mandates that employers and owners are obligated to furnish safety devices for workers performing tasks at elevated heights. It holds these parties legally accountable for injuries stemming from falls or falling objects if they neglect to provide the requisite safety measures. This law is unique to New York and underscores the state's commitment to worker safety in an industry where danger is often a part of the job.


Q: I've been injured on the job. What should my next steps be?


A: Experiencing a workplace injury can be a distressing event, and it's essential to follow a specific process to ensure your rights are protected. First and foremost, seek immediate medical attention - your health is paramount. Next, report the incident to your employer, ensuring all details are accurately recorded. Document everything related to the accident and your injuries, including photographs, witness statements, and medical reports. Finally, consult with an attorney who specializes in workplace injuries. At Leitner Varughese Warywoda, we can guide you through the legal complexities, ensuring your rights are upheld and you receive the compensation you're entitled to.


Q: How can Leitner Varughese Warywoda assist me if I'm injured on the job?


A: At Leitner Varughese Warywoda, we bring a wealth of experience and a proven track record of success in representing union construction workers who've suffered workplace injuries. Our role is to navigate the legal maze on your behalf - we handle all communication with insurance companies, compile a robust case built on evidence, and advocate fiercely for your rights in court. Our goal is to secure maximum compensation for your injuries, allowing you to focus on your recovery.


Q: What types of injuries are covered under Labor Law 240 and 241?


A: Labor Law 240 and 241 cover a comprehensive range of injuries that can occur on a construction site. Specifically, these laws focus on injuries resulting from falls from a height or being struck by a falling object due to inadequate safety measures. This could include fractures, spinal injuries, traumatic brain injuries, and even wrongful death. If you've suffered an injury under these circumstances, you may have a valid claim under the Scaffold Law.


Q: Can I file a claim even if I'm partially at fault for the accident?


A: Yes, under the principles of comparative negligence in New York law, you may still be eligible for compensation even if you share some responsibility for the accident. However, your compensation might be proportionately reduced by your percentage of fault. It's crucial to consult with an attorney to understand how this law applies to your situation. Remember, at Leitner Varughese Warywoda, we're not just your legal representatives – we're your advocates, standing beside you every step of the way.


Q: What is the significance of hiring a law firm that specializes in construction injuries?


A: The realm of construction injuries presents a unique set of complexities and challenges. A law firm with a specialized focus on this area, such as Leitner Varughese Warywoda, brings an in-depth understanding of the intricate laws and regulations governing workplace safety, insurance claims, and workers' compensation. We possess the expertise to navigate these complexities, coupled with the negotiation skills to deal effectively with insurance companies. Our specialization also provides us with a wealth of experience in handling similar cases, enabling us to anticipate potential obstacles and devise strategies to overcome them.


Q: Why is Labor Law 240 and 241, often referred to as the Scaffold Law, so important for construction workers?


A: Labor Law 240 and 241, commonly known as the Scaffold Law, serves as a crucial protection for construction workers. The construction industry is fraught with risks, particularly those associated with working at heights. The Scaffold Law places the responsibility for providing appropriate safety equipment squarely on the shoulders of employers and owners. This law underscores the fact that it's not just the worker's responsibility to ensure their safety, but that of the employer as well. Violations of this law can lead to severe consequences, reinforcing its importance in maintaining safe working conditions.


Q: How does Leitner Varughese Warywoda approach cases involving multiple liable parties?


A: Construction accident cases often involve multiple parties who may share responsibility for the incident, including site owners, contractors, subcontractors, equipment manufacturers, and more. At Leitner Varughese Warywoda, we conduct a thorough investigation to identify all potentially liable parties. Our comprehensive approach ensures we leave no stone unturned while seeking justice for our clients. Our objective is not only to secure compensation but also to hold all responsible parties accountable, contributing to safer workplaces in the future.


Q: How long do I have to file a lawsuit after a construction accident in New York?


A: In New York, the statute of limitations for personal injury lawsuits, including construction accidents, is generally three years from the date of the incident. However, certain circumstances may alter this timeframe. For instance, if your claim is against a government entity, you may need to file a notice of claim within 90 days of the incident. Given the complexity and potential variance in these timeframes, it's crucial to consult with an experienced attorney as soon as possible after your accident to ensure you don't miss any critical deadlines.


Q: Can Leitner Varughese Warywoda help me if my loved one died in a construction accident?


A: Yes, we extend our deepest sympathies for your loss and stand ready to assist you during this difficult time. If your loved one's death was a result of a construction accident, you may be eligible to file a wrongful death lawsuit. These claims seek compensation for the deceased's medical expenses, funeral costs, lost wages, and the emotional suffering of surviving family members. At Leitner Varughese Warywoda, we handle these cases with the utmost sensitivity and dedication, striving to secure justice for your loved one and provide some measure of solace for your family.


Q: What is the process that Leitner Varughese Warywoda follows in a typical construction accident case?


A: At Leitner Varughese Warywoda, our approach to handling a construction accident case is meticulous and comprehensive. We commence by conducting an in-depth consultation with you, where we listen empathetically to your story, understand the circumstances of the accident, and get to know your specific needs and concerns. This is followed by a thorough investigation of the accident site, collection of evidence, and identification of all responsible parties. Our seasoned attorneys then leverage their legal acumen to develop a robust case strategy, always keeping you informed and involved at every step. Our ultimate goal is to secure the maximum compensation for you while ensuring a seamless legal journey.


Q: How can Leitner Varughese Warywoda help if I'm unable to work due to my construction accident injuries?


A: The aftermath of a construction accident can be daunting, especially when it impacts your ability to work. At Leitner Varughese Warywoda, we understand the financial strain this can place on you and your family. Our expert attorneys will fight relentlessly to ensure you receive compensation not only for your medical expenses but also for your lost wages. Additionally, we'll provide guidance on navigating workers' compensation claims and explore potential avenues for disability benefits, helping you secure the financial support you need during this challenging time.


Q: What sets Leitner Varughese Warywoda apart from other law firms specializing in construction accidents?


A: What distinguishes Leitner Varughese Warywoda is our unique blend of legal expertise, industry knowledge, and compassionate service. Our attorneys bring decades of experience in handling complex construction accident cases, backed by a track record of securing multi-million dollar verdicts and settlements. However, it's not just about the numbers. We take pride in our client-centric approach, treating each case as more than just a file, but a story of an individual seeking justice. Our dedication to serving you extends beyond the courtroom, providing guidance, support, and a listening ear throughout your legal journey.


Q: How does Leitner Varughese Warywoda handle cases involving non-union workers?


A: While union workers often have additional protections and resources, we believe that all workers deserve justice, regardless of their union status. At Leitner Varughese Warywoda, we're committed to advocating for the rights of non-union workers with the same tenacity and determination as we do for union members. We understand the unique challenges that non-union workers may face and tailor our legal strategies accordingly to ensure they receive the compensation and justice they deserve.


Q: What should I do immediately after a construction accident?


A: In the immediate aftermath of a construction accident, your safety and health should be your top priority. Seek medical attention immediately, even if your injuries seem minor. It's also important to report the accident to your supervisor or employer and document the incident as thoroughly as possible. This can include taking photographs, collecting names and contact information of any witnesses, and noting down details about the accident. Once your immediate needs are addressed, reach out to a trusted law firm like Leitner Varughese Warywoda. Our experienced attorneys can guide you through the next steps and begin building a strong case on your behalf.


In the bustling boroughs of Bronx, Brooklyn, Queens, and Manhattan, construction is an ever-present industry. But with it comes the risk of accidents and workplace injuries. At Leitner Varughese Warywoda, we stand as a beacon of hope for those affected by such incidents. Our team of seasoned attorneys understands the intricacies of construction accidents, offering authoritative legal advice and compassionate representation to our clients. Combining engaging storytelling with in-depth industry knowledge, we've built a reputation for securing significant verdicts and settlements, helping victims reclaim their lives. Whether you're a union or non-union worker, we're here to ensure your rights are upheld and your voice heard amidst the clamor of the city. Reach out to us today, and let us guide you on your path to justice.


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