Bikhman & Vinbaytel, P.C. represents construction workers and people hurt on broken sidewalks and stairs in New York City.
Hurt on a construction site Hurt in a fall
Workers' compensation is generally the only claim you have against your own employer. The statute calls the employer's liability "exclusive and in place of any other liability whatsoever". New York's Labor Law also puts safety duties on the owners and contractors who run the job.
Contractors and owners must provide "scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed." Owners of one- and two-family homes who don't direct or control the work are left out.
Contractors, owners and their agents must keep construction, excavation and demolition areas "so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety" to the people working there. Same exception for one- and two-family homeowners.
A worker hurt by "the negligence or wrong of another not in the same employ", such as the property owner or the general contractor, can take comp benefits and also sue that party. Not a co-worker employed by the same company.
Not legal advice. How courts apply these sections depends on the facts of each case.
More about construction accident casesWe take trip-and-fall and slip-and-fall cases, including cases against New York City and its agencies.
In front of most buildings, the building owner, under §7-210 of the City's Administrative Code. In front of an owner-occupied one-, two- or three-family house used only as a home, the City.
The City Comptroller's rule: "Notices of claim must be filed within 90 days of the date of the incident." Counties, towns and villages have the same 90 days. After that, only with a judge's permission.
In a store or an apartment building, whoever owned or ran the place. The general rule: "an action to recover damages for a personal injury" must be started "within three years", with exceptions.
Tell us where and how you fell, and how to reach you. The consultation is free.
Not legal advice. The deadline depends on where you fell and who owns the place.
More about trip-and-fall casesHurt at work: the Workers' Compensation Law says notice "shall be given to the employer within thirty days after the accident". If you are undocumented, report it anyway, and don't let a supervisor or employer stop you.
Hurt in a fall: take photos of the spot before anyone repairs it, and ask the owner, store manager or super for a copy of their report.
We offer a free, no obligation consultation. We can work with clients in English and Russian.
We take personal injury cases on a contingency fee basis. This means there is no attorney's fee unless we recover compensation in your case. Your written fee agreement will explain any costs and expenses you may be responsible for, whatever the outcome.
We meet clients at the Madison Avenue office by appointment only. We can work with clients in English and Russian.
Call 718.376.0216, send a message, or write to us on WhatsApp. We can talk in English or Russian.
