When talking about a building collapse, we are talking about a consequence. A building does not collapse just because. There is a cause that led to it. This consequence can create unfortunate situations for workers or others walking or driving near the construction project.
Accidents can happen while a building is in the construction phase when there is a project for renovation, a project reinforcing the structure, or if the building is going to be demolished to give space for a brand new building to replace the old one.
Negligence can come from different people or entities involved in the situation. These accidents can provoke multiple people to result in hurt or even die in the accident scene. It is wise for a victim to seek help from an NYC building collapse lawyer.
It is not rare that the liable parties deny or diminish their liability by applying tactics to reduce the compensation a victim can receive. It represents a real challenge for a victim or their family. Therefore, a building collapse lawyer is the professional that will help them to overcome any challenge and win the proper compensation.
Keep reading to understand how a building collapse can affect a worker’s life in New York and how to overcome this situation with the help of the right lawyer.
Construction and Building Regulations in New York
The New York government works hard to create laws, codes, and ordinances. These regulations are in place to ensure public safety, maintain building standards, and promote sustainable and efficient construction practices.
Every NYC construction needs to comply with the existing building code of New York State. This code may change every year, and with a new update on the code, many old buildings may be found not in compliance. Therefore, property owners must perform renovations to fulfill the construction code.
It provides comprehensive guidelines for the design, construction, alteration, and maintenance of buildings and structures.
As we may know, New York is densely populated. In the 2021 census, 8.5 million people were living in New York City, and it is estimated that now in 2023, there will be over 19 million people in the whole state. The government has to set strict zoning regulations to be sure that all constructions are being done in an organized way.
It is known that to build something, the developers, owners, or contractors need to have a permit, which will depend on the type and scope of the project. Also, they need to stick to regulations from the fire department to avoid accidents and prepare people for any eventuality.
Buildings in New York must comply with accessibility standards under the Americans with Disabilities Act (ADA) and the New York State Building Code Accessibility Chapter. These regulations ensure that buildings are accessible to individuals with disabilities.
Talking about energy efficiency, the state has implemented energy codes that set standards for insulation, lighting, HVAC systems, and other energy-related aspects of buildings to reduce energy consumption and greenhouse gas emissions.
Another fact that is very important when talking about regulations is the environment. All construction projects in New York are subject to environmental laws to protect natural resources, manage waste, and mitigate potential environmental impacts.
Suppose the contractor or the in-charge entity follows the codes, regulations, and safety measures. In that case, they reduce the possibility of a building collapse accident, which benefits them and everyone working at the site.
Types of Injuries and Damages from Building Collapses
Due to the nature of these accidents, there is a low amount of people who survive. If they stay, they will likely sustain serious injuries that completely change their lives. They may be unable to work again and depend on others. If they are the only ones who support their families, other family members will also be affected emotionally and financially.
Being inside a collapsing building can be terrifying; imagine yourself seeing tons of concrete and steel falling over your head. If you are lucky enough to come out from a building collapse alive, you may have one or more of the following injuries:
- Traumatic Brain Injury
- Back Injury
- Broken Bones
- Crushing Injuries
- Neck Injury
- Spinal Cord Injury
- Emotional Distress
- Post Traumatic Stress disorder
These accidents cause serious injuries, and not only the people working at the construction site but also people walking or driving nearby can result in hurt and property damage.
Compensation for Building Collapse Victims
If you were injured in a building collapse and sustained severe injuries, you may be entitled to compensation; there are three ways to recover from your losses; let’s dive into your options.
Workers’ Compensation Insurance Program
The Workers’ Compensation Insurance Program is an essential safeguard that all workers should have, and employers must provide it for their employees.
This program is designed to benefit both parties involved. It shields employers from potential lawsuits as workers are not allowed to sue their employers or co-workers in case of workplace injuries. On the other hand, employees receive swift compensation to cover their injury-related expenses without the need to prove negligence.
As a worker, you can rest assured that if you sustain an injury while on the job, the Workers’ Compensation Insurance Program supports you. File a claim with the insurance company, who will assist you during your healing process. They will consider your medical expenses and lost wages while ensuring a smooth compensation process.
Although Workers’ Comp offers a speedy way to receive compensation, it may not be sufficient for cases involving severe injuries. However, you don’t need to worry because there are other options available to explore.
File a Personal Injury Lawsuit.
While it’s true that you can’t file a lawsuit against your direct employer or co-workers, this doesn’t mean you’re entirely excluded from seeking legal action against other parties responsible for the building collapse.
In such cases, an investigation is often conducted to determine the true causes of the accident, considering the involvement of multiple individuals and entities throughout the project.
Even if you’ve already received compensation from the workers’ comp, you still have the option to pursue a personal injury lawsuit against a third party.
This allows you to seek additional compensation to cover remaining expenses and even claim noneconomic damages related to the incident.
Remember, exploring all avenues for fair compensation in the aftermath of a building collapse is crucial. Seeking professional advice from a building collapse lawyer and understanding your rights will help you make informed decisions to ensure you receive the support and justice you deserve. Your well-being and recovery are essential, and holding responsible parties accountable can provide the means to move forward with confidence.
Wrongful Death Claim
As previously mentioned, the chances of survival in a building collapse are low. In such tragic situations, our NYC building collapse lawyers are dedicated to representing the families of the deceased to help them seek rightful compensation for their loved ones.
Through a wrongful death claim, family members can pursue compensation to cover essential expenses such as funeral and burial costs. Moreover, they can seek damages for the loss of financial support, consortium, and other noneconomic losses resulting from the devastating incident.
Our compassionate legal team is here to guide you through this difficult time, providing support and expertise to ensure your rights are protected, and justice is served. We understand the immense emotional and financial toll such accidents can take, and we’re committed to helping you navigate the legal process with care and sensitivity.
Please contact us if you’ve lost a loved one in a building collapse with us. We’re here to assist you in seeking the compensation you and your family deserve, allowing you to focus on healing and remembering your loved one’s legacy.
Am I Running Out Of Time To File A Claim?
Whenever workers get injured, they have up to 30 days to notify their employer about the accident. Then they have up to 1 year to file the claim and receive the workers’ comp benefit. This is usually done on time because the H.R. department may help the employees do so.
In the New York labor laws, there is a statute of limitation about the time limit to filing a personal injury lawsuit. It states that the accident victim only has three years.
The best move is to find legal advice promptly to avoid losing the opportunity of compensation due to not knowing about this statute of limitations.
Liable People Of A Building Collapse
Not only the in-charge people may be found liable in a building collapse. In a project that involves construction, renovation, or demolition, the ones that might be the causing factor of the accident can be:
- Property owners
- General contractors
- Demolition Company
- Material and equipment suppliers
- Manufacturers of defective materials or tools
A building collapse lawyer can help you determine who is the liable party, and if there is more than one, they can come up with a percentage of liability for each one. Based on pieces of evidence that the legal professional will gather and investigate.
Contact A Building Collapse Lawyer
Our building collapse lawyers at The Ward Law Group have over 25 years of experience dealing with personal injury lawsuits. They understand the difficult times you are dealing with and the confusion these procedures may create for you.
Suppose you sustained severe injuries or lost a loved one in a building collapse. In that case, you need the support of a highly ethical team that will create the best representation you can have to recover from your expenses. The Ward Law Group has worked with the Spanish-speaking community for over a decade to bring justice. Contact us now for a free consultation of your case at 855-DOLOR-55