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C
ONSTRUCTION
  W
ORKERS
 
F
ACTORY
 
 W
ORKERS
 
M
ACHINE
 W
ORKERS
285 Broadway, 3rd floorNew York, NY 10007
Phone: 212-964-1000TOLL FREE: 888-NYNY LAWEmail: info@nynylaw.comWebpage: www.nynylaw.com
 
You are not alone. We are working for you.
TT
HEHE
DD
URSTURST
LL
AWAW
FF
IRMIRM
,,
P.C.P.C. 
The Durst Law Firm,
 
P.C.
 
NEGLIGENCELAWSUIT
 
The law provides that if someoneelse’s carelessness was
at least par-tially at fault
for causing your injury,they must compensate you. Forexample, if they were 50% at faultfor the accident, they, through theirinsurance company, must pay 50%of your medical bills, pain and suf-fering, and lost wages.A claim for negligence must befiled within
3 years
of the date of the accident.For example, if a constructionworker is injured because a ladderwas not prop-erly secured to prevent itfrom falling,his employer,or the con-tractor thathired the em-ployer, mustcompensatethe worker fornot just themaximum $400 per week received from workers compensation, butalso the full amount of his lostwages. If he was earning $1,000 perweek at the time of the accident, hecan recover that full $1,000 per weekwhile he is disabled.Also,
workers compensationprovides no payment for pain andsuffering, while a negligence claimdoes
. Insurance companies often
Falls at construction sitesare a common cause of negligence cases.
 
use a rule of thumb that the pain and sufferingfrom an injury is worth
three times the amount of thelost wages and medical bills
.Workers compensation benefits, no fault bene-fits, disability benefits and social security benefitsare designed to keep food on the table, but theyusually won’t pay enough to maintain the mort-gage.A negligence claim is the only way that theinjured person will be fully compensated for hislost wages and other injuries.
 John Dursthas written 3books telling lawyershow to prepareandtake to trialnegligence cases.
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