Construction Accident FAQ's

If you've been injured at a construction site, you probably have questions about what you can recover and how Schwartzapfel Partners can help.If you don't see the answers you need here, contact us todat at 800-966-4999.

1. Will I be required to pay you any up front monies (e.g. retainer) to consult with you or for you to handle my case?
   No, the consultation is free and there is no fee due from you unless and until we recover monies on your behalf. In addition, we will advance the costs and disbursements necessary to properly fund your legal action; which will be reimbursed to us from your recovery, if any.
   
   
2. What type of construction activities are protected under these laws?
   As long as the activity is not classified as routine maintenance (e.g. changing a light bulb rather than changing an entire light fixture, etc.) you may be able to sue if you are engaged in non-routine erection, demolition, repairing, altering, painting, cleaning (including, in circumstances, window cleaning) or painting of a building.
   
   
3. If you were not a W-2 taxpayer but received a 1099, were paid off the books, or did not have the necessary documents from the INS to authorize you to work can you still sue if you were seriously injured while on construction site, is this still a protected activity?
   Yes, although you may be unable or limited in your right to recover money damages for loss of wages or fringe benefits, you may still be able to sue for the impact your accident had on your quality and enjoyment of life and for healthcare expenses you have expended or will incur in the future.
   
   
4. Is the owner of a one or two family home responsible, under these laws, if I am hurt at a project performed at their house?
   Generally, the owner of a one or two family home is not held to be responsible to you, under Labor Law Sections 240 and 241(6), in money damage for your injuries, unless they personally directed the manner and method by which you performed your job. However, if such homeowner rented out a portion of this one or two family home or used it for any type of commercial purpose (e.g. they operated a business out of such home) they still may be held to be responsible.
   
   
5. Did you have to be paid for the work you performed or can you still recover money damages, under Labor Law Sections 240 and 241(6), if you were injured while volunteering at a project (e.g. at a church, synagogue, school, a friend's or neighbor's home or some other location)?
   Generally, a volunteer who offers his services gratuitously cannot claim the protection afforded by these laws. However, in certain situations, which include but are not limited to where your employer has volunteered his company's services but where you were still being paid, in which you can qualify for protected status. The reason the law does not consider a volunteer one of the class to be protected is that a volunteer had a choice, unlike you, to work under hazardous conditions.
   
   
6. Is it necessary for someone to witness your accident, in order to sue and recover money damages, under these laws, for your serious injuries?
   No, if your version of the accident has been consistent, at the site, in the hospital and in testimony you have given in your lawsuit and no person has directly contradicted your account, you may still be able to sue and recover money damages for your serious injuries even when no one else witnessed your accident.
   
   
7. Is it necessary for me to be English speaking to proceed with a claim or action under these Labor Laws?
   No, our office or the court, if the case proceeds to trial, will arrange for an interpreter so that you can tell how the accident occurred and relate the nature and severity of your injuries?
   
   
8. Can you file a Workers' Compensation claim and also bring a lawsuit seeking money damages for your personal injuries?
   Yes, you can file a Workers' Compensation claim and also bring a lawsuit against the party responsible for your injuries unless such party was your employer or co-worker. In the greater majority of cases, with limited exception, a Workers' compensation claim is your only remedy against your employer.
   
   
9. Are Labor Laws Sections 240 and 241(6) the only laws that allow me to sue and recover money damages for serious injuries sustained in a construction site accident?
   No, if you were seriously injured at a construction site, you should call our office for a free consultation regarding your legal rights.

If you or a loved one have been injured in a construction accident, please call us at 1.800.966.4999 or fill out the form to the right of the page for a free case evaluation.