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New York Construction Accident Frequently Asked Questions

What should I do if I have been involved in a construction accident?
  • Seek medical attention as soon as possible. Even if you aren’t sure if your injured. Besides getting the proper treatment, seeing a doctor will document your medical condition. This documentation will become important if you decide to file a claim.
  • Be sure to speak with your supervisor and notify them about the accident. This notification is mandatory to pursue a claim. In most jurisdictions you have 30 days to notify your supervisor.
  • Gather all your documentation pertaining to the accident. This can include police/accident reports, medical records, invoices, etc.
  • Identify if there are any witnesses to your accident, obtain a statement from them, and get their contact information.
  • Take photos of your injuries and the scene of the accident.
  • Speak with a lawyer about your legal options.
Who is responsible for keeping workers safe at the jobsite?

The general contractor and property owner are responsible for maintaining a safe environment.

What are the most common causes of construction accidents?

Unfortunately, construction accidents can happen at any time and cause serious injury to employees and bystanders. One of the most common causes of injury at the work site is being struck by a falling object. Falls from scaffolding and machine malfunction are also reasons.

What kind of injuries can occur in a construction accident?

The most common construction accident injury is a head injury, or traumatic brain injury. Broken bones are commonly seen, as well as spinal cord and back injuries.

I was injured on the job site, but I was told that I can’t file a case because of worker’s compensation. Is that true?

Worker’s compensation laws do prevent you from bringing a lawsuit against your employer. However, it doesn’t prevent you from filing a lawsuit against a third party.

My child was injured at a construction site by my home because it wasn’t fenced properly. Who is at fault?

The construction company has the responsibility to ensure that the job site is safe and secure.

What is OSHA?

OSHA stands for the Occupational Safety Health Administration. This entity creates and enforces regulations and guidelines to ensure safety of workers at the job site. When these guidelines are not adhered to, it can be grounds for negligence on the part of the company.

What injuries are covered under Worker’s Compensation?

Most all workplace injuries are covered under Worker’s Compensation insurance. There are some limits however. For instance, if an employee was injured at work under the influence of drugs or alcohol, their injury may not be covered.

What happens during an OSHA inspection?

During an inspection, an OSHA representative will meet with the employer and inspect work and maintenance records, as well as the premises. They may also speak with employees. The inspector will notify the company of any possible violations.

What is Labor Law 240(1) and how does it apply?

This law is also known as the scaffolding law. This law contains various safety rules and the penalties for violating them.

How much is my case worth?

There is no easy answer to this. It will depend on many different factors such as the type and severity of your injuries, the insurance available, and your prognosis for the future. It is important to discuss your case with an experienced lawyer to learn what options are available to you.

Should I hire a lawyer to help me with my construction accident?

Having a lawyer working on your behalf can make a dramatic difference on the outcome of your case. A construction case can be very complicated, and it is not a good idea to try and handle it alone. A lawyer can guide you through the legal process, ensure you the best result possible and ensure that your legal rights are protected.

What is an expert witness and why are they important?

Expert witnesses can contribute their experience and knowledge regarding the generally accepted practices and standards in the industry. They can make a very big difference in helping to prove your case.

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