Before hiring a construction accident law firm it is important to look at their track record to see what they have accomplished in the past. Jaroslawicz & Jaros was successful in obtaining a $44 Million dollar verdict for an injured construction worker, the largest verdict in New York. In the case of Okraynets v. Metro. Transp. Auth., 06 Civ. 7910 (CM)(HBP), 08 Civ. 0127 (CM), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 555 F. Supp. 2d 420; 2008 U.S. Dist. LEXIS 41446, May 21, 2008, Decided, May 21, 2008, Filed, the firm of Jaroslawicz & Jaros was successful in obtaining a $44 Million dollar verdict for a carpenter who was injured when he fell about 25 feet off of a wall that was being built at a construction site. This case was published and appeared in the “Top New York Verdicts”
If a construction worker is performing demolition, construction or alterations on a structure or a building and is injured while performing his job he may be entitled to significant monetary damages more than just collecting Worker’s Compensation benefits from his employer. Workers’ Compensation Acts provide benefits to workers who are injured on the job. The benefits under Workers’ Comp include weekly payments based on a percentage of the employee’s average weekly wage for temporary total or partial disability. Workers’ Comp may also cover medical expenses for treatment that is reasonable, necessary and related to the industrial injury and vocational rehabilitation services.
In some instances, however, a “third party” may be to blame for injuries that occurred on the job site. When a construction site accident occurs, the owners, architects, and manufacturers of equipment can at times be held responsible for inadequate safety provisions. The general contractor and all subcontractors are also required to provide a reasonably safe work site, to warn of hazards inherent in the site and work, to hire careful employees, to coordinate job safety and to supervise compliance with safety specifications.
Manufacturers of construction equipment are responsible for designing and maintaining safe products. Defective or dangerous products may include the following: scaffolding, cranes, power tools, derricks, hoists, conveyors, woodworking tools, ladders, winches, trucks, graters, scrapers, tractors, bulldozers, forklifts, back hoes, heavy equipment, boilers, pressure vessels, gas detectors and other types of construction equipment.
Therefore, it is often possible to find a “third party” who may be liable in the event of a construction related injury. This is often important because while Worker’s Compensation benefits do not provide compensation for the pain and suffering that a person endures as a result of an accident in a “third party” action pain and suffering damages as well as past and future medical needs are recoverable.
Because this type of litigation, also at times referred to as the “Labor Law”, requires particular legal knowledge and expertise that the average attorney may not possess it is important that you select a law firm with a proven track record of success in this area of law. Jaroslawicz &Jaros has not only been successful in obtaining a $44 Million dollar verdict for an injured construction worker, the largest in New York, but for many years has helped to make the law in this area by writing briefs and arguing appeals at all levels of the State Appellate Courts, including to New York’s highest court, the New York Court of Appeals in Albany New York as well as the Federal courts at all levels as well.
In a leading case which interpreted New York’s Labor Law involving an injured construction worker’s rights to sue the firm of Jaroslawicz & Jaros was successful in bringing a case for an injured worker under New York’s Labor Law in a case where David Jaroslawicz of Jaroslawicz & Jaros wrote the brief and argued before the highest Court in the State of New York. In Izrailev vs Ficarra Furniture, 70 N.Y.2d 813, 523 N.Y.S.2d 432, 517 N.E.2d 1318, The New York Court of Appeals permitted recovery under the New York Labor Law statute to an electrician who was injured while attempting to repair a sign. This case established the law for the first time that working on a sign gave the injured worker the protection and benefit of the Labor Law statute thus permitting the worker to recover for his injuries.
Also, because this type of litigation often requires that multiple experts be retained to properly support the case, including experts to prove liability, who would be persons with expertise in construction such as engineers and construction managers, as well as doctors, rehabilitation experts, and economists, who can explain the severity and extent of the injury and your loss of earnings and future earning capacity to the court and a jury, it is important to retain a law firm that has the experience in the field as well as the financial ability to retain the proper experts to both consult with and to testify on your behalf should your case proceed to trial.
If you or a loved one had a construction related accident and is in need of legal assistance, call Jaroslawicz & Jaros at , toll free at 800-269-2780, or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call to ensure that you do not waive your right to possible compensation.
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