When a construction worker is injured in a construction site accident, deciding what to do next can be difficult. Our New York construction accident lawyers have handled all construction accident cases at Davidoff Law Personal Injury Lawyers. It is our honor to help injured workers recover compensation for medical bills and lost pay. Now, our team can fight for you as well.
You may have a compensation claim if injured at a construction job site. Learn more about workers' compensation and construction accident lawsuits below. Then, contact us to schedule a free consultation.
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INJURED AT WORK? TRUST OUR NEW YORK CONSTRUCTION ACCIDENT LAWYER TO FIGHT FOR YOU
Davidoff Law in New York proudly offers legal counsel to injured construction workers throughout the state and New York City. We can give you the experience and insight required to stand up to insurance companies and employers not on your side after a construction accident. Getting the compensation you need to recover will be challenging, but we are here to make it far less stressful.
TRUST YOUR NEW YORK CONSTRUCTION ACCIDENT CASE TO US. CALL NOW.
Is Workers' Compensation the Same as Filing an Insurance Claim?
Workers' compensation is a form of insurance that provides wage replacement and medical benefits to employees injured during employment.
In exchange for these benefits, employees forfeit the right to sue their employer for negligence. This differs from a personal injury insurance claim, where you must prove negligence to receive compensation. Workers' compensation claims typically process faster but may not cover all the costs associated with the injury, like pain and suffering.
CAN YOU GET WORKERS' COMP & SUE?
Under workers' compensation rules, you cannot file for workers' compensation from an employer if you also file a personal injury claim against it. If you were hurt while working on a construction site, we would have to see what approach would most likely achieve the most compensation. Does it make more sense to file an injury claim, or should workers' compensation be prioritized?
Furthermore, are you even eligible for workers' compensation through your employment? Many construction workers are not because they are hired as independent contractors. If you do not have workers' compensation and need to file a construction injury claim, we can help you build your case and use evidence to prove that your negligence did not cause your injury.
SEVERE CONSTRUCTION SITE ACCIDENTS
All sites have potential risks that could hurt an employee if safety is not the top priority. Construction sites, however, are inherently riskier than most.
Working in the construction industry means working around heavy equipment, active machinery, caustic substances, electrical sources, heights, etc. In one moment of oversight or carelessness, a bad accident can occur that severely injures a worker.
Some of the worst construction site accidents include:
- Falls from heights: Workers who work on scaffolding or higher levels of a job site could be at risk of a dangerous fall, especially if harnesses are not required or used. This could lead to catastrophic injuries.
- Struck by objects: Just as falls from heights are extremely dangerous on construction sites, so are falling objects. Hard hats can help prevent head injuries caused by falling objects, but they can only do so much.
- Caught-in/between incidents: Working around moving machinery can be a hazard, even when the utmost precautions are taken. Many construction accidents involve crush, amputation, and laceration injuries caused by being caught between or inside two moving pieces of equipment.
- Electrical exposures: Only certified electricians should be allowed to work on a construction project's electrical systems. Failure to uphold this requirement can put workers at a high risk of dangerous electrical shock exposure.
- Fires and explosions: Unsafe working conditions on a construction site can expose workers to open flames and explosions, resulting in permanent burn injuries and scars.
- Toxic exposures: Certain substances used in construction are toxic and cause illnesses and diseases like cancer due to repeated worker exposure. For example, asbestos insulation used in commercial construction has been directly linked to mesothelioma.
Important Safety Measures To Follow at Construction Sites in New York City
- Wear appropriate safety gear. Always wear the required safety equipment, including helmets, safety glasses, gloves, and boots. This gear protects against various hazards, such as falling objects and sharp tools.
- Undergo proper training. Every worker should receive training on how to use machinery and equipment safely. Lack of training can lead to serious accidents and injuries.
- Regularly inspect equipment. Inspect all construction equipment and tools before use to ensure they are in good working order. Faulty equipment is a common cause of accidents on construction sites.
- Maintain clear communication. Use clear and consistent communication throughout the site. Proper signaling and signage prevent misunderstandings and accidents.
- Implement strict safety protocols. Follow all safety protocols and guidelines without exception. These rules are designed to protect everyone on the construction site.
- Keep the site organized. Maintain cleanliness and organization to minimize the risk of trips and falls. A cluttered site is much more dangerous and prone to accidents.
- Provide first aid training. Ensure that workers have basic first aid training and that medical supplies are easily accessible. Quick response to injuries can seriously impact the severity of those injuries.
Why Do Construction Site Accidents Happen?
Construction sites are inherently risky, leading to a higher incidence of workplace accidents. Understanding the common causes can help mitigate these risks.
Lack of Proper Training
Many accidents occur because workers are not trained to handle specific machinery or equipment. Training should be thorough and ongoing. Employers must ensure that all workers understand the risks and proper procedures associated with their tasks. Regular refresher courses can help maintain high safety standards.
Inadequate Safety Measures
Sometimes, construction sites lack sufficient safety measures, such as guardrails or proper signage. Employers must implement rigorous safety standards to protect workers. This includes providing all necessary personal protective equipment and ensuring it is used correctly. Regular safety audits can help identify and mitigate potential hazards.
Mechanical Failures
Equipment and tool malfunctions are a huge cause of accidents on construction sites. Regular maintenance checks are important to ensure all machinery is operating correctly. Workers should be trained to recognize the signs of potential equipment failures. Reporting and addressing these issues promptly can prevent many accidents.
Human Error
Workers' mistakes, often due to fatigue or distractions, can lead to serious accidents. Implementing adequate breaks and maintaining a manageable workload can help reduce human error.
Encouraging a culture of safety where workers feel comfortable reporting unsafe conditions is also vital. Supervisors should closely monitor work practices to ensure compliance with safety standards.
Hazardous Materials
Exposure to hazardous materials can cause both immediate injuries and long-term health issues. Proper handling, storage, and disposal of these materials are critical. Workers should have access to material safety data sheets and receive training on hazardous materials, management, and protective equipment specific to the handling of these materials should always be worn.
What You Need To Do After a Construction Site Accident
- Seek medical attention. Immediately get medical help, even if the injury seems minor. Some injuries may not show symptoms right away.
- Report the accident. Notify your supervisor or site manager about the accident as soon as possible. This report should be made in writing, detailing what happened and when.
- Document everything. Take pictures of the accident scene and your injuries, if possible. Keep records of all medical treatments and expenses related to the accident.
- Gather witness information. If there were any witnesses to the accident, get their names and contact information. Their accounts can be cessential for substantiating your claim.
- Keep a diary. Start a daily log of your injuries and medical care. Include notes on how the injuries affect your daily life and work.
- Consult with an attorney. Speak with an attorney who specializes in construction site accidents. They can guide you through the process of filing for compensation.
- Do not sign anything from insurance companies. Wait until you have legal representation before signing any documents from insurers or your employer. This ensures you do not accept a settlement that undervalues your claim.
How Much Is My Construction Site Accident Case Worth?
- Medical expenses. The cost of your medical treatment is a major factor in determining the worth of your claim. This includes past, present, and future medical bills related to your injuries.
- Lost wages and earning capacity. If your injuries prevent you from working, you can claim lost wages. If your ability to earn money in the future is compromised, this will also be considered in your claim.
- Pain and suffering. Compensation for pain and suffering accounts for the physical and emotional distress caused by your injuries. The severity and permanence of your injuries will influence this amount.
- Punitive damages. Punitive damages might be awarded in cases where the negligence was particularly egregious. These are intended to punish the offender and deter future negligence.
- Legal costs. The costs of hiring an attorney and pursuing a legal claim can also be factored into the compensation. Many lawyers work on a contingency basis, meaning they only get paid if you win your case. At Davidoff Law, we only work on a contingency basis, so we only get paid if you win.
PREVENTING FUTURE CONSTRUCTION ACCIDENTS
It is important to realize that your construction accident lawsuit might not be just about you and your recovery, even though we prioritize your best interests from start to finish.
Suing a negligent employer could improve job site safety and prevent similar accidents from happening later. Your case might help your coworkers and others in New York's construction industry, so exploring your options is worth exploring.
WE CAN HELP PURSUE JUSTIFIED COMPENSATION
Our New York construction accident attorneys are ready to help you explore your legal options. We will fight for your rights and recovery, even if that means going head-to-head with a major insurance company. Put our strengths to good work for you by contacting us today.
Contact Our New York Construction Accident Lawyer To Schedule a Free Consultation
If you are a construction worker injured, see a doctor first. Then, contact our New York construction accident attorney at Davidoff Law Personal Injury Lawyers to schedule to learn more about your options. We understand the stress that follows a serious workplace accident. Our team of New York Construction Accident Lawyers is here to help you during this difficult time. Contact us for a free consultation to discuss construction accident claims.
CONSTRUCTION ACCIDENT FAQ
WHAT IS THE OSHA FATAL FOUR?
OSHA's "Fatal Four" refers to the top four hazards in the construction industry that are responsible for a significant percentage of workplace fatalities. These are:
- Falls: These are the most frequent causes of fatalities in the construction sector.
- Struck-by: This category includes injuries caused by being hit by objects, such as vehicles or falling objects.
- Caught-In or Between: These incidents happen when a worker is caught in or compressed by equipment or objects, struck, caught, or crushed in collapsing structures.
- Electrocutions: This involves deaths caused by exposure to electrical hazards​ (constructconnect)​​.
WHAT EVIDENCE CAN HELP MY CONSTRUCTION ACCIDENT CLAIM?
When pursuing a construction accident claim, the evidence that can bolster your case includes, accident reports, witness testimonies, medical records, media and safety records, and expert testimonies.
CAN YOU BRING A CONSTRUCTION ACCIDENT CLAIM AGAINST A THIRD PARTY?
You can bring a construction accident claim against a third party if they are not your employer and contributed to the accident. This could include:
Equipment Manufacturers: If defective equipment caused the accident.
Subcontractors and Independent Contractors: If their actions or negligence contributed to the incident.
Property Owners: If unsafe conditions on their property caused the accident.
This allows for broader avenues for compensation beyond employer-provided workers' compensation, potentially covering damages for pain and suffering, full lost wages, and future earnings.
