Understanding the Legalities of a Construction Site Accident in White Plains

Understanding the Legalities of a Construction Site Accident in White Plains

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The construction industry in Westchester is blooming, with nearly 80% of new jobs in this sector created in the county. The seven new building projects, worth over $1 billion, taking shape in White Plains is a testament to the thriving business in the construction sector.

However, the state recorded a spike in the construction worker death rate by 39%, primarily on White Plains Road, connecting the Bronx with I-95 and I-278.

Getting injured on your job at a construction site can wreak havoc. It is best to enroll a lawyer to ensure you get entitled remunerations for your losses. An experienced White Plains personal injury attorney will diligently handle your case’s legalities, while you can focus on getting back on your feet.

New York Labor Laws

If you work at height, Section 240 entitles you to specific safety devices. If you don’t get access to these provisions or get injured in elevation support-related accidents, you can claim worker’s compensation.

There could be cases where the other party is responsible for violating safety codes at your worksite and the negligence results in your injury. Your attorney will build your case in line with Section 241 of New York Labor Law.

White Plains Construction Industry’s Fatal Four

In White Plains, 60% of all construction site accidents occur due to the fatal four. While falls account to 40%, being struck by objects equates to 8% of all construction site accidents. Electrocution is another issue that comprises about 7%, and then, there are other accidents in the “in-between” category, responsible for about 5% of worksite related accidents.

If your employer does not follow OSHA standards, leading to accidents due to these reasons, your White Plains personal injury attorney can prepare a strong case.

Third-Party Liability

In White Plains, as per negligence law, you can sue a third party if they are liable for your injuries. They also become defaulters if they were aware of the workplace dangers but chose to ignore the hazardous conditions.

Moreover, since New York is a “No-fault” insurance state, you are entitled to reimbursements, irrespective of who is at fault.

Statute of Limitations

The New York state law defines the timelines to file a construction site accident case in White Plains.

If seeking worker’s compensation benefits, you have to inform your employer about your injuries within 30 days of the incident. Once you notify your employer, you get two years to file for worker’s compensation benefits. And if required, you get three years to file a lawsuit against the third party.

Exceptions to the Statute of Limitations

In rare circumstances, the New York state law provides exceptions.

There are nearly 120 chemical companies in and around White Plains. If you work in any of these plants, you will most likely endure injuries through gradual absorption and inhalation. You get three years from the date you discovered your damages.

Also, if a White Plains government agency’s negligence caused the construction site accident, you get 90 days to file your claim.

Hiring a Personal Injury Attorney

In White Plains, your employer can be held fully liable for any gravity-related injury in New York. It is the rule, even if you fail to use the provided safety equipment.

The prolific lawyers collect all the pieces of evidence related to your case, stick to the statute of limitations and look for applicable exceptions that can work in your favor. They handle the negotiations with the insurer and the third party, ensuring you get fair settlements.

With Westchester IDA announcing $1.2 billion development in White Plains, the city is all set with excellent prospects for over 3,000 construction jobs. Though Phase 2 of NYC Local Law 196 makes Site Safety Training Card mandatory, you still have to consider all possible accidents on these work sites. If ever in such a disastrous situation, hire an experienced attorney to secure your win against the other party and the best compensations, ensuring peace of mind.

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