What to Do If You Are Injured in a Construction Accident
Construction sites can be one of the most dangerous workplaces in the world. Failure to adhere to state and federal safety regulations can lead to catastrophic injuries of workers and bystanders. Regardless of the situation, if you were injured in a construction accident, you need to act fast to protect your rights and your recovery.
At Denlea & Carton, we have been helping injury victims for over 35 years get the financial justice they deserve. We hold wrongful parties accountable for their negligence and always fight to get the maximum compensation under the law. If you are injured in a construction accident, you need an attorney who will give you the dedicated representation you need.
Call our White Plains construction accident lawyers at (914) 368-7168 or fill out our online contact form for a free consultation.
Understanding Your Rights after a Construction Accident
Understanding Your Rights after a Construction AccidentWhen you are injured at a construction site, you deserve compensation. Your right to damages may extend beyond traditional worker’s compensation depending on the circumstances. It is crucial that you discuss your case with an attorney before agreeing to any settlement or signing away your rights.
According to the U.S. Bureau of Labor Statistics, there were 73 fatal work injuries in New York City alone in a single year. Nationally, there were over 5,000. According to their data, the highest number of workplace fatalities occurred in construction and extraction occupations.
Construction companies know the dangers, and yet many times fail to make worksites safe for their workers or fail to provide adequate training. When a construction company does not provide a safe work environment or does not provide sufficient training for employees, they may be held liable for any resulting injuries.
Our White Plains construction accident lawyers will fight to protect your rights and hold anyone responsible for your injuries liable. We know New York Labor Law and will ensure that you are aggressively represented in and out of court.
New York Labor Laws
Under New York, Labor Law Section 200, employers have a general duty to protect the health and safety of their employees. This includes but is not limited to:
- Providing reasonable and adequate protection.
- Ensuring that all machinery, equipment, and devices are operational, guarded, lighted, and in a safe condition.
- Making sure that there are no dangerous conditions and that any hazardous conditions are immediately remedied.
Section 240 of New York’s Labor Law discusses scaffolding and ladder safety requirements as they concern workers who are injured in high falls, or because they are hit by falling objects. New York’s scaffolding laws are precise and require that workers are given proper protection. Additionally, all scaffolding must be able to “bear four times the maximum weight required to be dependent therefrom or placed thereon when in use” and must have safety railing attached if it is “more than twenty feet from the ground or floor, swung or suspended from an overhead support or erected with stationary supports.”
Section 241 of New York’s Labor Law describes detailed information about how a construction site should be arranged, operated and run. Under section 241 (6), liability can also be imposed upon a property owner or contractor under whose supervision or control an accident occurs as a result of someone’s negligence.
When a construction company fails to adhere to these or any other Labor laws, they must be held accountable for resulting harm. Construction accidents result in countless preventable injuries and deaths every year. Following state and federal safety guidelines can save numerous lives each year.
Construction’s Fatal Four
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is a federal organization that works to ensure “safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance.” According to OSHA, an average of 14 American workers die on the job every day. Over 20 percent of all worker fatalities in the private industry were in the construction industry.
Some of the most frequently cited standards violations in the construction industry include:
- Fall protection
- Scaffolding, general requirements
- Ladders
- Personal protective and life-saving equipment
- General safety and health provisions
- Excavations
OSHA has identified “Construction’s Fatal Four” or the four leading causes of death in the construction industry. The fatal four accounted for over half of all the construction worker deaths. The fatal four are falls, struck by an object, electrocutions, and caught-in/between.
When a company does not follow OSHA standards or the guidance of other regulatory agencies, they must provide compensation for any resulting injuries. If you were injured at a construction site or other workplace, contact our White Plains construction accident lawyers to discuss your case.
New York City’s Most Dangerous Profession
A recent CBS 2 New York report indicates that construction had become the city’s deadliest job. As noted, accidents and injuries have been on the rise at the city’s nearly 45,000 active construction sites. Worksite deaths were up a staggering 33 percent, and injuries at construction sites were up over 200 percent from five years ago. Speaking to CBS, the Department of Buildings’ deputy commissioner of enforcement estimated that a quarter of the active construction sites at the time were not in compliance.
Third-Party Liability in Construction Accidents
Sometimes, construction accidents have more than one defendant. For instance, if a third-party contractor on the site was negligent in their work and their negligence caused you to get hurt, they may be held legally responsible as a third-party. If your personal supervisor was negligent, both the construction company and your supervisor may be legally responsible for your accident.
While many construction accidents occur in the private sector, some happen during municipal or public works projects. Depending on the situation, the government may be held responsible for your injuries. It is essential to contact an attorney immediately to file the appropriate paperwork and ensure that all possible defendants are named in the lawsuit.
If you’re the victim of a construction accident, it may be difficult for you to determine if there is more than one person who is responsible for your injuries. Our construction accident lawyers in White Plains help victims receive the compensation they deserve.
Don’t Sign Anything Without Speaking to a Lawyer First!
The insurance company and your employer may say that they are on your side, but they want to settle your claim for as little as possible. Workers’ compensation is a form of insurance. When claims are made, it can cause the premium to go up for your employer.
Insurance companies don’t always treat construction accident victims fairly. Do not sign anything without speaking to a White Plains construction accident lawyer first. Signing documents from the insurance company or even from your employer may take away your legal right to sue or receive proper financial compensation. You may not get the financial compensation that you deserve or future medical care that you may need.
New York Statute of Limitations for Construction Accidents
In a suit for personal injury, you have three (3) years from the date of the accident to bring a claim for damages. Depending on the situation, you may be required to file a claim with a culpable government agency, employer, or another party in as little as ninety (90) days. To protect your right to recover damages, you need to contact a White Plains construction accident lawyer as soon as possible. Failure to file a claim within the statute of limitations may bar your right to recovery.
Damages in a Construction Accident Case
Determining what your case is worth depends on your injuries and the factors that contributed to the accident. If you are injured as a result of another party’s negligence or wrongdoing, you might be entitled to compensation for your losses, including medical expenses, future treatment, physical therapy and rehabilitation, lost wages, and pain and suffering. To determine the value of your claim, contact our office immediately.
You should never have to pay out of pocket for someone else’s negligence. At Denlea & Carton, we will help to get you the maximum compensation allowed for your case. If you are injured in a construction accident, always continue medical treatment until released by a doctor or treating physician and keep track of any expenses. Find out about the potential damages available in your case by speaking to one of our White Plains construction accident lawyers today.
You Have the Right to Talk to an Attorney
We know that you want nothing more than to get your life back on track. You may feel pressured into going back to work before you are ready. You have the right to talk to an attorney if you have been the victim of a construction accident. Call us right away. Our construction accident lawyers can evaluate your case and help you get the maximum compensation for your injuries.
Our White Plains construction accident lawyers have recovered millions of dollars in verdicts and settlements for injury victims throughout New York. If you have suffered serious injuries or lost a loved one in a construction accident, we can help.
Call our office at (914) 368-7168 to receive a free consultation. There are no fees unless we win.
