New York Construction Accident Lawyer
Construction work is not only physically strenuous, it is also very dangerous. Construction injuries rate third in the country for work-related deaths. Sadly, 5 out of 100,000 construction workers will die in a work-related accident. Construction sites can be inherently dangerous. While the Occupational Safety and Health Administration (OSHA) established strict rules and regulations to ensure the safety of construction workers, these regulations are not always followed. As a result victims suffer serious injuries such as brain injuries, neck injuries, back injuries, head injuries, or even paralysis. If you have suffered a serious injury in a construction accident such as a scaffolding accident, contact an experienced New York construction accident lawyer who will work closely with you to make sure you receive the maximum compensation to which you are entitled.Common Causes for Construction Site Accidents
Construction sites present a multitude of potential hazards, leading to various types of accidents. Understanding the common causes of construction site accidents is crucial in identifying liability and ensuring appropriate compensation for victims. Some of the common types of construction accidents include scaffolding accidents, slip and fall accidents, crane accidents, falling debris incidents, trench collapses, and fire and explosion incidents.
Scaffolding accidents are a significant concern in the construction industry. These accidents can occur due to faulty or inadequate scaffolding structures, lack of proper safety measures, or negligence in maintaining and inspecting the scaffolding equipment. Falls from scaffolding can result in severe injuries or even fatalities.
Slip and fall accidents are another frequent occurrence at construction sites. These accidents can happen due to slippery surfaces, uneven terrain, poor lighting, debris or objects obstructing walkways, or failure to implement proper safety protocols. Slip and fall accidents can lead to broken bones, head injuries, back injuries, and other debilitating consequences.
Crane accidents pose substantial risks in the construction environment. These accidents can be attributed to crane malfunctions, improper operation, inadequate training of crane operators, or negligence in maintaining and inspecting the equipment. Crane accidents can cause severe injuries, including crushed limbs, traumatic brain injuries, and even fatalities.
Falling debris incidents are a significant concern for construction workers and bystanders. Construction sites often involve the use of heavy machinery and equipment, leading to the potential for objects or materials to fall from heights. Failure to secure or properly manage these materials can result in serious injuries, such as head trauma, fractures, or internal organ damage.
Trench collapses are particularly hazardous for workers involved in excavation or underground construction projects. These accidents occur when trenches are improperly supported, leading to a sudden collapse that can bury workers under soil and debris. Trench collapses can cause asphyxiation, crushing injuries, or suffocation.
Fire and explosion incidents are inherent risks in construction sites due to the presence of flammable materials, chemicals, electrical wiring, and potential fuel sources. These accidents can result from electrical faults, inadequate storage and handling of combustible materials, or failure to implement proper fire safety protocols. Fires and explosions can cause severe burn injuries, respiratory damage, and fatalities.
The nature of construction sites, with heavy equipment, debris, uneven surfaces, chemicals, exposed wires, and fire hazards, inherently makes them dangerous environments. Recognizing these risks, New York labor law mandates that employers adhere to state and federal safety regulations to safeguard the well-being of employees, contractors, vendors, and bystanders. Compliance with these safety regulations is vital to minimizing accidents and ensuring a safe working environment.
To gain a comprehensive understanding of New York labor laws concerning workplace and construction site safety, it is advisable to consult with an experienced New York construction accident lawyer. These legal professionals possess the knowledge and expertise to navigate the complex regulations and can provide guidance on protecting your rights and pursuing compensation in the event of a construction site accident.Common Construction Site Injuries
Construction accidents can cause devastating injuries and even death. Injuries commonly seen at construction sites include burns, loss of limbs, electrocutions, cuts and abrasions, eye injuries, spinal cord and back injuries, paralysis, broken bones, traumatic brain injuries, and toxic exposure.Damages
Victims of construction accidents are often construction workers who face significant risks while performing their duties. In the unfortunate event that a construction worker sustains an injury while on the job, their recourse for compensation typically lies within the realm of workers' compensation. Workers' compensation provides benefits to cover medical expenses and lost wages for injured workers. However, it is important to note that workers' compensation benefits are often limited and may not fully address the financial burdens caused by serious injuries.
Fortunately, there are instances where the law permits workers or employees injured during work to pursue personal injury lawsuits, which can potentially lead to greater financial recovery. These lawsuits enable injured individuals to seek compensation beyond the confines of workers' compensation, allowing them to recover damages commensurate with the extent of their injuries and losses. If you find yourself in such a situation, it is advisable to discuss your workers' compensation questions and explore the possibility of filing a personal injury lawsuit with an experienced construction accident attorney in New York.
When filing a personal injury lawsuit as a result of a construction accident, various types of compensation may be pursued based on the specific circumstances of the case. These compensatory measures can include:
- Medical Bills: Even with health insurance coverage, serious injuries can result in medical expenses that exceed insurance limits. A successful personal injury lawsuit can lead to a damage award that covers both past and future medical bills, ensuring that the injured party receives the necessary medical treatment without incurring excessive financial burden.
- Loss of Income: Severe injuries sustained in construction accidents may render individuals unable to immediately return to work. In such cases, compensation can be sought for the lost wages during the recovery period, as well as for the loss of future earning capacity if the injuries have long-term or permanent effects on the individual's ability to work and earn a livelihood.
- Pain and Suffering: Courts recognize that construction accidents can cause significant physical pain and emotional suffering for victims. Therefore, they may award compensation for pain and suffering endured by the injured party. This includes not only the immediate physical pain but also the emotional distress and any permanent injuries, such as scarring, that result from the accident.
- Wrongful Death: In tragic circumstances where a construction accident leads to the loss of a victim's life, their estate and family members have the right to pursue a wrongful death claim against the negligent party. Such claims aim to recover damages that compensate for the loss of financial support, funeral and burial expenses, and the emotional toll endured by the surviving family members.
It is crucial to understand that construction cases can be complicated, particularly when determining liability, as multiple contractors and subcontractors may be involved in a project. Pinpointing responsibility requires a thorough examination of the circumstances and contractual agreements. For instance, in the precedent-setting case of Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494 (1993), the court established that the owner of a construction site could be held liable for a construction worker's injury, even if the worker was employed by a separate contractor, provided that the owner had control over the job site and failed to provide a safe working environment.Contact Stephen Bilkis & Associates
If you have been hurt at a construction site, contact our legal team. These cases are complex and it is essential to have legal guidance to obtain the compensation you deserve. You may be able to collect compensation over and above the workers compensation award. If you have been injured, it is important you speak with an experienced construction accident attorney serving New York to ensure that your rights are protected. Stephen Bilkis & Associates has decades of experience representing clients who have been seriously injured in accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve clients in the following locations: Manhattan, Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Nassau County, and Queens.