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Construction is one of the most dangerous industries, and roofing is one of the most dangerous types of construction work. Workers can fall off roofs, ladders, scaffolding, or other heights. Workers in the roofing industry are three times more likely to sustain fatal injuries than other construction workers. The dangers in the roofing and construction industries do not excuse employers’ responsibility to provide a safe working environment. Instead, these known dangers emphasize the importance of providing workers with proper training, safety equipment, and protection.
If an employer or third party has acted negligently in causing a roof fall, accident victims may be able to seek compensation for their losses. The legal team at Powers & Santola, LLP can discuss your legal rights following a construction site accident. Daniel R. Santola, one of our founding attorneys, authored New York’s leading treatise on construction accident claims.
Our law firm has successfully recovered hundreds of millions of dollars in compensation for our deserving clients. Based on factors such as professional achievement and peer review, our attorneys have been recognized as “Super Lawyers” and “Best Lawyers in America,” and U.S. News & World Report named our law firm as one of the “Best Law Firms” in the nation. Contact us today to take advantage of a free initial consultation.
How Our Experienced Lawyers Can Help After a Construction Accident
If you were injured by falling at a construction site, an experienced work accident lawyer from Powers & Santola, LLP can help with every aspect of your legal claim.
When you hire the personal injury attorneys at Powers & Santola, LLP, you can count on us to:
- Case review – One of our attorneys can sit down with you and discuss the details of your case. We can explain whether you have a viable claim.
- Investigation – We thoroughly investigate how the accident happened and identify all potentially responsible parties.
- Evidence preservation – Our experienced legal team knows which evidence can best prove the elements of your claim. We can gather and preserve compelling evidence.
- Claim management – We handle communications with insurance companies, file your claim paperwork, and manage your legal claims so you can focus on your recovery.
- Negotiations – When we head to the negotiating table, our reputation precedes us. Insurance companies know that our construction accident lawyers only take a limited number of cases and prepare every case for trial, so they know the case has merit and we are not willing to settle for less than its full value.
- Litigation – If a settlement is not possible, we can take your case to court. We aren’t afraid to go all the way to recover the maximum compensation you deserve. We have a successful track record in and out of the courtroom.
Our attorneys have extensive experience handling construction accident cases. Contact our law firm today for a free case review.
Common Causes of Roof Fall Accidents
Working on a roof can be a risky business. Leading causes of roof falls include:
- Roof or ceiling collapse
- Slippery surfaces
- Inclement weather
- Lack of safety equipment
- Electrocution
- Falling from ladders
- Slips and falls
- Scaffolding collapse
- Lack of proper training
- Improper installation of safety rails
- Poor maintenance
- Unmarked holes
- Falling objects
- Malfunctioning machinery
- Defective equipment
- Unsafe roof pitch
Regardless of the cause of your fall, our personal injury lawyers are ready to assist you with your legal claims. We are dedicated to securing the financial compensation you deserve to help pay medical bills, make up your lost income, and acknowledge your pain and suffering.
Who Is Responsible for Roof Falls?
When a construction worker is injured in New York he or she is entitled to collect a portion of their lost wages and to have their medical expenses paid for by their employer’s Worker’s Compensation insurance company. These benefits are limited and do not fully compensate the injured worker. Fortunately, New York Labor Laws allow the worker to collect Worker’s Compensation benefits and, in most circumstances, to bring a law suit against all owners of the project, their contractors and their agents allowing the worker the right to fully recover for all losses. Other parties who may share in liability for your injuries may include:
- Property owners and property management companies that negligently maintain, inspect, or repair the building
- Contractors and subcontractors who fail to follow New York’s Labor Laws
- Companies that design, manufacture, or sell defective products or equipment that contributes to the accident
Our construction accident attorneys can investigate the circumstances surrounding your fall and pursue all viable claims against the liable parties.
New York’s Labor Laws and Roof Falls
New York’s Labor Laws impose additional duties on owners of construction sites and contractors. Many legal claims involving construction site accidents involve the violation of one of the following labor laws:
Section 200
New York Labor Law Section 200 requires property owners and contractors to ensure their workplaces are reasonably safe to protect the health, safety, and lives of all workers. The law also requires that all machinery, equipment, and devices be properly placed, operated, guarded, and lit.
This law applies to individuals engaged in construction, excavation, demolition, and repair work, including:
- Roofers
- Drywall installers
- Masons
- Carpenters
- Laborers
- Cement and concrete workers
- Electricians
- Excavation workers
- Heavy equipment operators
- Demolition crews
- Cleaning crews
- Plumbers
- Painters
- Welders
Section 240
New York Labor Law Section 240 states that all owners, construction site operators, and contractors must provide proper protection when workers are required to perform work at elevated work sites or may be injured by falling objects. Although commonly referred to as the “scaffolding law,” the law also applies when the worker lacks adequate safety devices including:
- Ropes
- Braces
- Hangers
- Irons
- Slings
- Pulleys
- Ladders
- Jack/pick assemblies
- Aerial lifts
- Hoists
As such, the law protects workers from accidents caused by falling or from things falling on them while working. This law is considered a strict liability statute, meaning that injured workers do not have to show negligence for the law to impose liability. An additional benefit to the injured worker is that any comparative fault on the part of the worker does not defeat or reduce the worker’s right to fully recover for their losses.
Section 241
New York Labor Law Section 241 imposes liability when parties violate the New York State Industrial Code. If a contractor or owner violates workplace safety rules and a worker in the construction, excavation, or demolition industry is injured, the injured worker may be entitled to compensation.
What Types of Legal Claims Do Roof Fall Accidents Involve?
If a construction worker is injured on the job, they may be able to pursue the following types of legal claims:
Workers’ Compensation
Anyone injured on the job may be eligible to file a workers’ compensation claim. Workers’ compensation benefits cover medical expenses associated with the injury and provide partial wage replacement. If the work injury results in permanent disability, additional benefits are available. In cases involving fatal injuries, workers’ compensation provides death benefits to surviving dependents.
Personal Injury Claims
Many injured workers learn that workers’ compensation does not adequately compensate them for the full range of their losses. They may be entitled to file a third-party claim against the property owner or its contractors who were responsible to complete the work which gave rise to the worker’s injury or those who violated relevant safety rules. Through a third-party claim, you may be able to seek compensation for the full extent of your losses, including:
- Medical bills
- Ongoing medical expenses
- Future medical expenses
- The full amount of lost wages
- Loss of earning capacity
- Inability to perform household services
- Pain and suffering
- Loss of enjoyment of life
- Loss of mobility
- Loss of consortium
- Compensation for permanent injury
- Wrongful death
Our law firm can help you pursue maximum compensation following a construction site accident from all available paths to recovery.
What Injuries Do Accident Victims Suffer in Roof Falls?
Roof falls can cause serious injuries, including:
- Traumatic brain injuries
- Spinal cord injuries
- Neck and back injuries
- Internal organ damage
- Fractures
- Soft tissue injuries
- Impalement
- Crush injuries
- Death
If you have suffered severe injuries due to a roof fall, contact Powers & Santola, LLP for legal representation.
What Should I Do After a Roof Fall?
The steps you take immediately after your accident can significantly impact your case. Take these steps to safeguard your legal rights:
- Report the accident – New York law requires you to notify your employer in writing within 30 days of a workplace accident to preserve your right to workers’ compensation benefits.
- Seek medical attention – Seek emergency medical treatment, if necessary. Keep all your medical records.
- Gather evidence – Write down the names of any coworkers or other individuals who witnessed the fall. Ask for a copy of the accident report. Take photos of the accident scene.
- Hire a personal injury lawyer – An experienced attorney can gather additional information to support your claim.
Why Should I Hire Powers & Santola, LLP After a Construction Accident?
The roof fall and construction accident attorneys at Powers & Santola, LLP have decades of experience handling complex legal claims, including those involving construction accidents. We can investigate your case to determine the dangerous condition that contributed to your fall.
We can also gather evidence regarding the property owner’s or contractor’s knowledge regarding these unsafe conditions and assert all legal claims possible. Our goal is to secure compensation for you that properly reflects the long-term impact your injuries will have on your life and that prevents similar tragedies from occurring in the future.
What Is My Roof Fall Accident Case Worth?
There is no average settlement or verdict for a roof fall case. Every case is decided on its own merits. Individual factors that can affect the potential value of a claim include:
- The type of injuries you sustained
- Your injuries’ severity
- Whether your injuries are permanent in nature
- How your injuries affect your ability to work
- Who was responsible for your injuries
- Insurance coverage available
- The strength of your evidence
- The circumstances surrounding your injuries
- The length and type of medical treatment you received
- Your actual damages and their monetary value
- The extent of your pain and suffering
- How the injuries have affected your professional and personal life
An experienced attorney from our law firm can carefully review the details of your case and explain your case’s value.
What Is the Deadline to File a Personal Injury Lawsuit in New York?
The statute of limitations is the deadline you have to take specific legal action in a case. Each state is responsible for establishing these limitation periods. In New York, personal injury cases may be subject to the following filing deadlines:
- Three years for most personal injury lawsuits
- Two years for wrongful death claims
- 90 days to file a Claim or a Notice of Intention to File a Claim against the State or any of its agencies. If a Notice of Intention only has been filed, then the formal Claim must be filed within 2 years,
- 90 days to file a notice of claim against a city, school district or other municipal agency.
If you fail to file a personal injury lawsuit within the applicable deadline, you can forfeit your right to recover compensation through the courts. Take the first step in protecting your right to compensation by contacting an experienced personal injury attorney today.
How Much Does a Personal Injury Lawyer Cost?
Some personal injury victims mistakenly believe that they can’t afford a lawyer, so they forego their services only to learn just how much they need an attorney after the insurance company denies their claim or treats them unfairly. At Powers & Santola, LLP, we don’t believe that exceptional legal services should be reserved only for people who can afford to pay for them right now. That’s why we offer our legal services on a contingency fee basis.
Under this fee agreement, there’s no cost for an initial assessment of your case. There are also no upfront costs to begin the investigation of your case. Our attorneys are paid a percentage of the recovery we secure on your behalf. This ensures you pay for our services when you can truly afford to do so. And because our fee is contingent, you don’t owe for our time if we are unable to secure compensation on your behalf. There’s no risk to learn more about your legal rights and options, so give us a call today.
Contact Powers & Santola, LLP for Legal Advice and Representation
If you were injured in a roofing accident, contact the Albany roof fall accident lawyers with Powers & Santola, LLP today. We can conduct a thorough investigation to gather compelling evidence to build a strong case. Let us fight for the maximum compensation you deserve while you focus on your recovery. Call us today to schedule your initial consultation.
Why Choose Powers & Santola for Your Construction Accident Claim
If you were injured on a construction site, you can choose the personal injury lawyer you want to represent your legal interests. Some of the reasons you should consider Powers & Santola, LLP are:
- We have extensive experience – Our lawyers have extensive experience handling workers’ compensation and personal injury claims. For over 35 years, we have represented accident victims throughout Rochester and the surrounding area.
- We have results – Our results include several multi-million-dollar awards for victims and their families.
- We are experienced trial lawyers – If your case needs to go to court, you will know you are represented by attorneys who have garnered results and respect in and out of the courtroom.
- We focus exclusively on personal injury – We have a dedicated focus on personal injury law, which has allowed us to develop a deep understanding of this area of the law and winning strategies.
When you hire our law firm, you will know that our legal team will work tirelessly on your case. We will do whatever it takes to win. And because we offer a free consultation and work on a contingency-fee-basis, you can engage our legal services without risk. Contact us today to learn more.
If I Was Hurt as a Bystander at a Construction Accident in Rochester, What Are My Legal Options?
Construction sites are dangerous for people other than workers on site. People walking by or visiting the site are sometimes injured due to the dangers present at construction sites, including flying debris, slip and trip hazards, and building collapses. While workers’ compensation is a benefit for workers, you can pursue a personal injury claim against the party responsible for your injuries.
What Is My Construction Accident Case Worth?
The amount of compensation you may be able to recover in a construction accident case will depend on factors specific to your case, such as:
- The type of claim(s) you are filing
- The parties responsible for your accident
- The type and severity of injuries you suffer
- The amount of economic damages you suffered because of the accident
- The extent of your pain and suffering
- The circumstances surrounding the accident
- The available insurance coverage
- Whether you contributed to the accident
The construction accident attorneys at Powers & Santola, LLP are committed to seeking maximum compensation for your injuries. We can evaluate your claim and give you a better idea about the potential compensation you can expect to recover.
What Are My Legal Options If a Family Member Died in a Fatal Construction Accident?
New York’s wrongful death law allows the personal representative of the decedent’s estate to file a wrongful death claim to pursue compensation. Wrongful death claims can allow surviving spouses, children, and other family members to seek justice and accountability for their losses.
Deadlines for Rochester Construction Accident Claims
Construction accident cases can be complex because they involve several types of claims and deadlines. If you are injured at a Rochester construction site, you must understand the various deadlines that apply to your case. Keep these deadlines in mind when pursuing your legal claim:
- 30 days to notify your employer of your injury
- Two years to file a workers’ compensation claim after you have notified your employer
- Three years to file a personal injury lawsuit against the liable parties after the date of the accident
If your legal claim is based on an occupational disease such as from long-term exposure to hazardous materials, you must file your claim within three years of discovering the harm or within 2 years of the date of death, whichever occurs first.
If you lost a loved one in a construction accident, you must file a wrongful death claim within two years of the date of your loved one’s death.
It is crucial to work with an experienced attorney to ensure you meet these filing deadlines.
Contact Our Experienced Construction Accident Lawyers for a Free Consultation
Were you injured in an Albany construction accident? If so, the Albany construction accident lawyers at Powers & Santola, LLP can guide you through the legal process of filing a claim against the parties responsible for your injuries. Contact us today for a free, no-obligation case review.
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