Whether you're a construction worker, a passerby, or someone who has suffered from a construction accident in New York City, you have rights to compensation. However, your options are limited unless you have an experienced Queens construction accident lawyer by your side.
Most injured construction workers can file for workers' compensation to help cover their medical expenses and some of their lost wages. This is a necessary step for most construction workers because it can reduce their out-of-pocket costs for recovery and keep them afloat during a time when they are unable to work.
You may also be able to bring a third-party claim against the manufacturer of faulty tools and equipment, a general contractor who neglected to take adequate safety measures at a construction site, or another party who caused your injuries. An experienced attorney can investigate your case to determine the best way to pursue compensation for you and your family.
New York law requires owners, contractors, and subcontractors of construction projects to provide their workers with safe conditions on construction sites. For instance, the Scaffolding Law states that contractors must ensure that scaffolding is in place to protect construction workers from falling objects. Similarly, the Industrial Code calls for safety railings and other measures to mitigate potential hazards on construction projects.
It is important to report the incident to your employer as soon as possible. The sooner your employer knows about the accident, the sooner they can submit an accident report to OSHA and New York State. Failure to report the accident can cause problems with your application for workers' compensation and could even jeopardize your chance of winning your case.
It's critical to seek medical treatment immediately after a construction accident, especially if you are not feeling well. This will help prove your injuries, how they occurred, and why you cannot return to work. Besides, it will give you a leg up when you have to meet with insurance adjusters or lawyers.
Keeping copies of all your medical records and expenses is essential for any type of injury case. Moreover, you should try to find the witness who saw your accident and get their account of what happened. In addition to collecting information from the witnesses, you should also take photos of the scene and write down your own account.
Most people do not have the knowledge or experience to effectively handle their own personal injury cases. A construction accident lawyer can help you navigate the legal process, ensure deadlines are met, and make sure that your interests are protected.
Injuries to workers are a common problem in the construction industry, and it's a very dangerous job. The industry has a high rate of workplace accidents, and many are deadly. These include falls, struck-by accidents, caught-in/between accidents, and electrocution.
The construction industry is a highly dangerous and hazardous profession. Workers are put at risk for severe and life-altering injuries, and they often need to go through a lengthy recovery period. Injuries related to a construction job can impact a person’s ability to earn a living, and they can also lead to lasting psychological effects.
Falls - The CDC reports that fall accidents account for over 36% of fatal work-related injuries in the construction sector. This is a particularly dangerous type of accident because it involves falls from high elevations, such as ladders and rooftops.
Injuries related to falls can include broken bones, sprains, strains, and tears. They may also involve a person’s head or spinal cord.
Struck by Objects - Striking accidents are another very common type of construction injury, and they account for over 15% of construction worker deaths according to OSHA statistics. These accidents typically occur when a worker is struck by a moving vehicle or object that fell on their job site.
Electrocution - Using power tools and extension cords can also lead to electrocution risks on construction sites. Following safety instructions, making sure that equipment and cords are in good condition, and consulting a qualified electrician when needed can help avoid these types of accidents.
Chemical Burns - Chemical burns can be caused by contact with anything from chemicals to unmixed concrete powder, and they can lead to serious injuries such as first-degree, second-degree, or third-degree burns, disfigurement, skin blisters, lung problems, and even death.
Forklift Accidents - Forklifts are used on many construction sites, but they are very dangerous. Without proper training and attentive operators, they can cause injury or death to bystanders.
Gas Leaks, Fires, and Explosions - Construction sites often have exposed or underdeveloped piping systems and electrical wires. These can be a danger to workers because they can cause burns or shocks, and they can also lead to fires and explosions.
Trench Accidents - Trench collapses and accidents can also be dangerous for workers, especially if they are in the wrong place at the right time. These can be fatal to workers who are pinned inside the trench.
Injuries associated with these incidents can range from simple sprains and strains to severe burns, and they can result in lasting mental health issues.
Caught-in Equipment or Machinery - Caught-in accidents are one of the most common types of construction accident and account for about 5% of fatalities. This can be caused by cave-ins, excavation, and other factors on the construction site.
Overexertion - Overexertion is a common injury at construction sites because workers often work long hours in the hot, humid weather. This can lead to dehydration, fainting, and other issues that can affect the body’s functioning.
Other types of construction-related accidents include falling objects, slipping and falling, and falling from heights. These accidents can cause sprains, strains, broken bones, and other injuries that require extended time off of work. Other accidents such as chemical burns, forklift accidents, and trench collapses are less common but can still be devastating if they happen on a construction site.
It varies from state to state and depends on the type of claim. In New York, for instance, you have two years from the date of an injury to file a workers’ compensation claim and three years to file a personal injury lawsuit against the defendants responsible for your injuries. If you are a family member of a worker killed on the job site, you have two years from the date of death to file a wrongful death suit.
There are many parties involved in a construction project, including the property owner and general contractors. Each of these parties is liable for ensuring safety on the site. In addition, construction sites are governed by laws such as New York Labor Law 200 and OSHA regulations. These laws set up strict responsibilities for owners and general contractors to protect construction workers from hazards such as falls, crushes and toxic exposure.
If a worker is injured, their employer is usually required to pay their medical expenses and partial wages during their recovery period. This helps to alleviate the financial burden of a work-related accident and allows employees to focus on their physical recovery.
But if your injuries are severe, you might be faced with significant out-of-pocket medical costs and other expenses that can be difficult to recover from without help. In these cases, you may have to hire a skilled construction accident attorney to pursue damages through a lawsuit against the person or company responsible for your injuries and losses.
You should also seek legal counsel as soon as possible after a construction injury, even if your injuries seem minor and you are unsure whether you need to file a workers’ compensation or a personal injury lawsuit. This will give your lawyer time to collect evidence that may be important to your case, such as surveillance footage and photographs.
The sooner your lawyer can begin collecting evidence, the better their chances of winning your case and obtaining maximum compensation for your damages. They will also need to interview eyewitnesses as well as take a detailed account of your accident and your injuries.
Your attorney will then review all the documentation that may be relevant to your case. This includes work permits, daily logs and other employment records that can provide a clear picture of your injuries, work history, and the amount of wage loss you suffered.
Another important piece of evidence that can assist your lawyer is the police report for the incident. This can include information on what happened, the time and place, and what was said by witnesses.
It is also a good idea to ask for and retain the opinion of an experienced professional, such as a forensic accident reconstruction specialist or medical expert, as this can add to your overall case strength.
Your lawyer will then be able to identify other parties that contributed to your injury, which can provide a valuable basis for a personal injury lawsuit. These can include property owners, subcontractors, materials suppliers, and even manufacturers of defective tools and equipment. The key to a successful third-party claim is proving that someone else was negligent in some way, such as by failing to maintain or provide safe working conditions.
K L Sanchez Law Office, P.C. | Construction Accident Attorney and Car Accident Lawyer
3763 83rd St #1m, Queens, NY 11372, United States
(646) 701-7990