What is the difference between a workers compensation claim and a Labor Law claim after a Brooklyn construction accident?

Workers compensation is a no-fault insurance system that pays medical benefits and partial wage replacement regardless of who caused the accident, but it does not pay for pain and suffering or full lost wages. A Labor Law claim is a separate personal injury lawsuit against the property owner, general contractor, or other third parties who had legal responsibility for safety on the job site. Labor Law 240 and 241 impose strict liability on these parties for many types of construction accidents, meaning you can recover full damages without proving they were negligent. Brooklyn construction accident victims can pursue both claims simultaneously, and in most cases should.

Does Labor Law 240 cover all construction accidents in Brooklyn, or only falls?

Labor Law 240 covers height-related accidents, specifically falls from elevation and injuries caused by falling objects, which are among the most common and most serious construction accidents. It does not cover all types of construction accidents. For accidents that do not involve elevation, Labor Law 241(6) and Labor Law 200 provide alternative bases for third-party liability claims. Cohen and Cohen attorneys evaluate which Labor Laws apply to your specific Brooklyn construction accident during your free consultation.

Can I file a lawsuit if my employers workers compensation insurance is paying my claim?

Yes. Accepting workers compensation benefits does not prevent you from filing a third-party personal injury lawsuit against the property owner, general contractor, or other non-employer parties whose negligence caused your Brooklyn construction accident. Workers compensation carriers do have a lien on your third-party recovery, meaning they can seek reimbursement from your personal injury settlement for benefits they paid, but experienced attorneys can often negotiate significant reductions in those liens.

How long do I have to file a construction accident lawsuit in Brooklyn?

You have three years from the date of the accident to file a personal injury lawsuit in New York, including a Labor Law claim. For a wrongful death claim, you have two years from the date of death. For workers compensation, you must notify your employer within 30 days of the accident. These deadlines are hard and missing them eliminates rights that cannot be restored. Contact an attorney as soon as possible after a Brooklyn construction accident.

My employer says I was at fault for the accident. Can I still recover under Labor Law 240?

Under Labor Law 240 strict liability standard, the comparative negligence of an injured worker is not a defense. Even if your employer or the general contractor claims you were partially responsible for what happened, that claim does not bar or reduce your Labor Law 240 recovery. This is one of the most powerful aspects of New York Scaffolding Law and one that insurance carriers and defense attorneys routinely try to obscure from injured workers.

Does Cohen and Cohen handle Brooklyn construction accidents for workers who do not speak English?

Yes. Cohen and Cohen provides legal representation in English, Spanish, and Russian. Brooklyn construction workforce includes a large number of Spanish-speaking and Russian-speaking workers who are often among the most vulnerable to exploitation by employers and insurance carriers after a job site injury. The multilingual team at Cohen and Cohen ensures that language is never a barrier to getting the full compensation New York law provides.

What does it cost to hire a Brooklyn construction accident attorney at Cohen and Cohen?

Nothing upfront. Cohen and Cohen handles all Brooklyn construction accident cases on a contingency fee basis, meaning you pay no legal fees unless the firm wins your case. There is no charge for the initial consultation, no retainer, and no out-of-pocket legal expenses during the representation. If Cohen and Cohen does not recover money for you, you owe nothing.

If you were injured in a motorcycle crash, working with an experienced Brooklyn motorcycle accident lawyer can make a major difference in the outcome of your case. Recovering fair compensation after a motorcycle accident in Brooklyn, New York is often challenging because insurance companies frequently try to shift blame onto riders. Many insurers assume bikers accept greater risks on the road, making it harder for victims to secure full compensation for medical bills, lost wages, pain and suffering, and other damages.

At Cohen & Cohen Personal Injury Lawyers, P.C., our experienced motorcycle accident attorney team understands the unique challenges motorcycle riders face after a collision. We fight aggressively for injured riders throughout Brooklyn and the New York City area. If you are searching for a trusted motorcycle accident lawyer near you, our legal team is ready to provide responsive, dedicated representation with free consultations and no fees unless we recover compensation for you.

Why Brooklyn Motorcycle Accident Cases Are Difficult to Win

Motorcycle accident claims are often more complicated than other motor vehicle accident cases involving cars, trucks, or buses. An experienced Brooklyn motorcycle accident lawyer understands how to overcome these challenges and build a strong case on your behalf.

Complex Motorcycle Accident Investigations

Motorcycle accident cases often require extensive investigations, including reviewing police reports, interviewing witnesses, analyzing crash scenes, and gathering expert testimony. In some cases, defective motorcycle parts or safety equipment may lead to product liability claims.

Severe Injuries Lead to Higher Compensation Claims

Motorcycle crashes frequently result in catastrophic injuries because riders lack the protection of a passenger vehicle. Victims may suffer traumatic brain injuries, spinal cord injuries, broken bones, severe road rash, or permanent disabilities. Because these injuries often require long-term medical care, insurance companies aggressively fight high-value claims.

Insurance Companies Often Blame Riders

Insurance companies commonly attempt to portray motorcyclists as reckless or negligent. A skilled motorcycle accident attorney can challenge these unfair assumptions, establish liability, and negotiate aggressively to pursue the maximum compensation available.

The experienced legal team at Cohen & Cohen Personal Injury Lawyers, P.C. has successfully represented motorcycle accident victims throughout Brooklyn and NYC and is prepared to fight for the compensation you deserve.

Common Motorcycle Accident Injuries in Brooklyn

Name: LegalService
Item: Cohen & Cohen Personal Injury Lawyers, P.C.
Rating: 5
Author: Lisa Turman

Motorcycle riders are highly vulnerable during collisions because they are directly exposed to surrounding traffic and roadway hazards. As a result, injuries are often severe and life-changing.

Some of the most common motorcycle accident injuries include:

Road Rash: Severe skin abrasions caused when riders slide across pavement after impact.
Broken Bones and Fractures: Leg, arm, wrist, and rib fractures are common after a rider is thrown from the motorcycle.
Spinal Cord Injuries: Motorcycle crashes can lead to paralysis, chronic back pain, and permanent mobility issues.
Traumatic Brain Injuries (TBI): Head trauma can occur even when a rider is wearing a helmet. TBIs may range from concussions to severe brain damage.
Wrongful Death: Fatal motorcycle accidents may result from negligent or reckless drivers, including distracted or impaired motorists.

If you were injured in a crash, speaking with a motorcycle accident lawyer near you as soon as possible can help protect your legal rights and preserve critical evidence.

What to Do After a Motorcycle Accident in Brooklyn

Taking the right steps after a motorcycle crash can significantly strengthen your injury claim and improve your chances of recovering compensation.

1. Seek Immediate Medical Attention

Your health should always come first. Call 911 immediately and allow medical professionals to evaluate your injuries, even if symptoms appear minor at first.

2. Contact the Police

A police accident report is an important piece of evidence in any motorcycle accident case. Provide accurate facts about what happened but avoid admitting fault.

3. Gather Driver and Insurance Information

Exchange contact and insurance information with the other driver involved in the collision. Also record license plate numbers and vehicle registration details.

4. Take Photos of the Accident Scene

Photograph vehicle damage, skid marks, road conditions, injuries, traffic signs, and the surrounding area. Visual evidence can help establish liability.

5. Speak With Witnesses

Obtain phone numbers or email addresses from anyone who witnessed the accident. Witness testimony can be extremely valuable.

6. Avoid Posting on Social Media

Do not discuss the accident online. Insurance companies may attempt to use social media posts against you during settlement negotiations or litigation.

7. Contact a Brooklyn Motorcycle Accident Lawyer

Before speaking extensively with insurance adjusters, contact an experienced Brooklyn motorcycle accident lawyer who can protect your interests and handle communication with insurers.

Get a Free Consultation With a Brooklyn Motorcycle Accident Attorney Near You

If you or a loved one has been injured in a motorcycle accident in Brooklyn or anywhere in the New York City area, Cohen & Cohen Personal Injury Lawyers, P.C. is ready to help. Our legal team has recovered millions of dollars for accident victims and provides aggressive representation for injured riders and grieving families.

From our Brooklyn office, we proudly represent motorcycle accident victims throughout NYC. Whether you need help negotiating with insurance companies or pursuing a lawsuit in court, our experienced motorcycle accident attorney team is prepared to fight for the compensation you deserve.

Call a Brooklyn Motorcycle Accident Lawyer Today

Cohen & Cohen Personal Injury Lawyers, P.C. offers free, no-obligation consultations for motorcycle accident victims. We handle cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

If you are searching for a trusted Brooklyn motorcycle accident lawyer near you, contact our legal team today to discuss your case and learn about your legal options.

Brooklyn Office
45 4th Avenue, 2nd Floor
Brooklyn, NY 11217
Phone: (718) 775-3996
Open 24 Hours

Prior results do not guarantee a similar outcome. Attorney advertising.

I was introduced to Cohen & Cohen Law Firm of which this is my first experience in this area.i would like to thank this law firm in handling my case in such a responsible and professional manner. During this period they kept me informed about the progress of my case which was so well appreciated.My advise to any potential client please call Cohen & Cohen Law Firm .I highly recommend them.....J Guido

J. Guido

Great lawfirm and customer service! Akhtem was a pleasure to deal with. He is extremely responsive, an incredible communicator, and throughly knowledgeable.

Lisa Turman

I recently had the privilege of working with Cohen & Cohen Personal Injury Lawyers, specifically with the exceptional assistance of their paralegal, Ruben Abdurakhmanov, and I cannot recommend them highly enough. From the outset, my experience with Cohen & Cohen was marked by professionalism and efficiency. Ruben Abdurakhmanov, in particular, handled my case with utmost care and diligence. He ensured that all promises made at the beginning of our engagement were not only kept but exceeded. One of the standout aspects of working with Cohen & Cohen was their exemplary communication. Throughout the entire process, I was kept well-informed about the progress of my case. Whether through regular phone calls or prompt text updates, I never felt out of the loop. This level of transparency and communication not only reassured me but also demonstrated their commitment to keeping clients informed and involved every step of the way. Moreover, the handling of the legal proceedings was remarkably smooth. Cohen & Cohen's expertise in personal injury law was evident in their strategic approach and attention to detail. They navigated the complexities of my case efficiently, ensuring that all aspects were addressed comprehensively. Overall, my experience with Cohen & Cohen Personal Injury Lawyers and Ruben Abdurakhmanov was nothing short of excellent. They not only met but exceeded my expectations in terms of professionalism, communication, and results. If you're seeking dedicated and effective legal representation for a personal injury case, I wholeheartedly recommend Cohen & Cohen and specifically commend Ruben Abdurakhmanov for his outstanding support and commitment throughout my case.

Mikey S.

Mr. Mitchell Coven is the best real estate attorney you can retain for your transaction. Mr. Coven is an ethical, professional, and knowledgeable attorney who relentlessly defends the interests of his client(s). Mr. Coven was quick and always available to answer any questions I had throughout my transaction and was a reliable and knowledgeable advisor throughout the entire process. I highly recommend Mr. Coven to anyone who is looking for an experienced, professional, and ethical real estate attorney.

Kseniya Spencer

Cohen and Cohen Law Firm Group is an amazing firm. They will help you in every way possible! Very communicative and responsive. Would love to work with them again if given opportunity!! You should too !!

Mina

Jessica and the team at Cohen & Cohen have been absolutely amazing! From the very beginning, they've provided exceptional support, keeping me updated and informed every step of the way. Their communication is top-notch, and I always feel like my concerns are a priority. Jessica's and Denise’s professionalism and dedication make the process so much easier. I couldn’t ask for a better attorney and paralegal to have on my side. Highly recommend!

Sierra Rivas

Amazing experience. Best personal injury law firm in Newyork. Albert Cohen personally made the long process stress free. All phone called returned in timely fashion. Team the office have is very pleasant to work with.

Zahid Mubarak

Brooklyn Motorcycle Accident Lawyer Near You

GET THE IMMEDIATE HELP
YOU DESERVE

Why Brooklyn Motorcycle Accident Cases Are Difficult to Win

Complex Motorcycle Accident Investigations