As a construction worker, you know your job carries serious risks. Between the heavy machinery and dangerous work environment, construction workers regularly put their lives on the line. Even the most experienced workers can sustain life-threatening injuries on the job, causing financial hardship due to hefty medical expenses and life-altering injuries. If you or a loved one have suffered from a construction-related injury, contact an attorney to discuss your rights and legal options. You may be entitled to significant compensation. Our construction accident attorneys at Pryor Law have handled countless cases related to workplace negligence and can help guide you through the legal process.
OSHA Guidelines
The Occupational Safety and Health Administration (OSHA) is responsible for overseeing employers and ensuring they abide by mandated safety procedures and regulations and impose fines to those who do not follow these laws. Additionally, OSHA is tasked with investigating workplace injuries and fatalities, which result in the injury or fatality of three (3) or more workers, which employers must report. Click here to view New York’s labor laws.
Common Construction Accidents:
Construction accidents can take countless forms due to the inherent risks associated with this occupation. Some common accidents and injuries include the following:
Slips, Trips, and Falls: Trip and Fall accidents are among the most common construction claims. Wires, debris, and poor weather conditions can create trip, slip, and fall hazards, which can be life-threatening in construction sites. The most common are scaffolding accidents, which account for approximately 25% of all construction-related falls.
Electrocutions: Construction sites often use high-voltage equipment to power their equipment and complete tasks. When employers or contractors fail to conduct proper safety inspections, workers can sustain life-threatening injuries from electrocution.
Crushing Injuries: Crushing injuries are life-threatening and often fatal to those who sustain them. These accidents can occur for several reasons; however, they are typically a result of improper safety inspections and code violations. For example, cave-in accidents often happen when contractors fail to carefully plan and execute demolitions or use faulty equipment.
Struck-by Injuries: Struck-by accidents from equipment or debris are notorious for being fatal due to the heavy machinery needed in large-scale construction projects. These accidents can occur when supplies and other objects are hoisted with cranes, which can swing or fall, striking workers at fatal impacts.
Exposure to Chemicals or Toxins: In addition to heavy equipment and machinery, construction sites often use toxic chemicals such as formaldehyde or asbestos for insulation. These and other toxins, when mishandled, are notorious for causing long-term health problems to construction workers.
Pedestrian Injuries: Even if you are not involved, you can still sustain injuries from a construction accident. Pedestrians can file claims against the parties involved.
Who is Responsible for my Construction Accident?
More than one party can be liable for a single construction accident injury, including the following:
Contractors and Subcontractors: Contractors and subcontractors must ensure their sites are up to OSHA standards. Additionally, they are required to hire competent workers and ensure they are adequately trained to fulfill their duties.
Construction Site Owners: Even though site owners do not directly participate in the construction process, they can still be liable for construction accident injuries, carry insurance in case one occurs.
Engineers and Architects: Architects, engineers, and other professionals responsible for the building and integrity of a structure must ensure their designs are safe and meet mandated codes and guidelines.
Equipment Manufacturers: Defective machinery can cause catastrophic accidents in the world of construction. Manufacturers must ensure their parts and products are safe and reliable.
Steps to Take After a Construction Accident:
Gather Information: Taking photos of the scene (or asking a coworker), identifying witnesses, preserving evidence, and noting any relevant facts of your accident can help strengthen your construction injury claim in the event of a lawsuit or claim denial.
Seek Medical Attention: If you have suffered from injuries in a construction accident, your health should be your first priority. See a doctor to evaluate your injuries, and be sure to retain medical reports, expenses, and other documents relevant to your treatment.
Notify Your Employer(s): Report the accident to your employer(s) and OSHA to ensure a proper investigation is made to determine the cause of your construction accident.
Contact a Personal Injury Attorney: Retaining the services of an experienced personal injury attorney before providing any formal statements or testimony can ensure you receive adequate compensation for your injuries. Moreover, speaking with a construction attorney at Pryor Law can provide you with crucial advice in navigating your injury claim.
What Types of Compensation is Available?
Past and future lost wages: Victims of construction accidents are sometimes limited in their mobility and capacity, and you may be eligible for compensation to cover any past or future lost wages resulting from your injuries.
Medical expenses: If your accident requires medical treatment, you are generally entitled to compensation for the treatment of injuries, which includes physical and occupational therapy. Additionally, you may also be entitled to compensation for future medical expenses and other long-term care costs.
Pain and Suffering: In most construction accident cases, claimants are entitled to compensation for their non-economic losses like pain suffering. This includes damages for your injuries, pain and discomfort caused by the accident, medical treatment after the accident, and psychological problems resulting from your accident.
Loss of financial support: Spouses and others who financially rely on the victim of a construction accident may be entitled “loss of consortium” compensation. This claim is brought most often when an accident is fatal or causes debilitating injuries.
Worker’s Compensation:
Worker’s Compensation is designed to pay for medical expenses and lost wages from your workplace accident; however, it often does not cover the full extent of your injuries. For this reason, we recommend contacting a construction accident attorney to learn more about any compensation to which you may be entitled.
Don’t wait to contact a personal injury attorney, as there is a limited time to file a lawsuit. The statute of limitations for construction accident claims only extends three (3) years from the accident date. We recommend contacting an attorney as soon as possible to ensure you don’t miss this deadline.
At Pryor Law, we have decades of experience handling construction accident cases, and our results speak for themselves. If you or a loved one have been injured in a New York construction-related accident and believe that someone else may be at fault, contact our experienced construction accident attorneys at (718) 829-0222 or fill out our online form for a free, no-obligation consultation. We can help you gather the appropriate documents and evidence and conduct a thorough investigation to ensure you get the compensation you deserve. Our office is located in the Bronx, New York, and our experienced personal injury attorneys are ready to fight for you.
FAQs
Can I file a lawsuit if I have already collected Worker’s Compensation?
Yes. Even if you have collected Worker’s Compensation for your injuries, you can still file a claim for negligence against your employer and/or any parties responsible for your damages.
What if I’m an undocumented worker?
Undocumented workers are often taken advantage of by their employers and are statistically more likely to be assigned to higher-risk tasks and projects. However, undocumented workers do share the same rights as naturalized citizens and may file an injury claim.
Can I make a claim if I’m partially at fault for my construction accident?
Just because you were partially at fault for your construction accident doesn’t mean your employers weren’t negligent. You still may be entitled to compensation for your injuries. For more information, contact an attorney at Pryor Law.
What if I can’t afford a construction attorney?
Our attorneys at Pryor Law operate on contingency, meaning we do not get paid until we get you the justice and compensation you deserve.
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Pryor Law
292 City Island Ave., Bronx, NY 10464
Phone: 718-829-0222 | Email: info@pryorlaw.com
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