
The construction industry is full of risks whether you’re an employee or walking by on the streets of New York. Several different types of construction accidents lead to severe injuries. Our team of construction accident lawyers can help you recover compensation if you’ve been injured.
Our New York City construction accident lawyers at Morelli Law Firm discuss common accidents on construction sites in New York and how our legal team can help you. Our law firm works on a contingency fee basis and offers a free consultation.
Understanding Common Construction Accidents
Construction workers can experience injuries from countless types of accidents. However, some common construction accidents occur more often than others. Examples of these accidents include:
- Burns or explosions: If a worker encounters any combustible substances or corrosive chemicals, they could suffer chemical burns or severe burns from any explosions.
- Caught in-between: When materials or equipment fall and traps the worker between what fell and a wall, the worker could be injured.
- Debris falling: If building materials, pieces of scaffolding, or tools fall from high places, they could cause significant harm if it lands on a worker.
- Electrocutions: It is not uncommon for workers to find downed power lines, exposed wires, and unfinished electrical systems when working at a construction site; if you touch them, they could electrocute you.
- Falls: Workers typically work from heights on scaffolding, ladders, or rooftops. Those heights could result in a fall that leads to severe injuries.
- Trips and falls: As a construction worker, there are several tools and equipment on the ground, which could lead to a trip and fall accident.
- Defective or dangerous equipment: If a fall results from the use of defective or dangerous equipment, victims can pursue damages from the manufacturer or distributor.
- Scaffold accidents: New York’s Scaffold Law offers protection for construction workers suffering from elevation or fall-related injuries. We can help you hold the proper parties accountable.
Have You Been Injured In An Accident? Contact Morelli Law
877-751-9800Why Falling Is the Most Common Accident in Construction
Out of all types of accidents, falls are the most common. When workers have to work in high places, including chimney masons, roofers, or other tradespeople, they have a dangerous job. Falls can even occur due to unkempt workspaces. Many causes lead to a construction worker experiencing a fall. Some of those reasons include:
- Faulty construction equipment
- Faulty or damaged ladders
- Dangerous scaffolding
- Not using safety equipment for fall prevention
- Tripping hazards and unsecured open floors
Falling and the Use of Fall Protection
Some construction workers disregard instructions and the use of fall prevention gear, including harnesses. Some contractors believe that using such protective devices could create new issues or that it is too expensive. But these negligent actions are what often cause falls.
Due to the increase in fall-related deaths, OSHA created a series of fall protection guidelines for all construction job sites. Despite these regulations, fall accidents are still the most common accident in construction. That means that general contractors and their workers must be vigilant regarding safety and use preventative measures.
When a worker experiences a fall-related injury, that could include issues requiring long-term medical care. After experiencing a fall from significant heights, construction workers may feel anxiety or have a fear of heights that require treatment. There are also instances where fall-related fatalities occur. In these cases, the victims’ families are left to put the pieces back together after such an emotional and financial loss. Our New York City construction accident attorneys can help you regardless of your situation.
What Damages Can You Recover After a Construction Accident in New York?
If you have been injured in a construction accident in New York, you may be entitled to various types of damages to help compensate for your losses and injuries. Our construction accident attorneys in New York City can help you recover damages such as:
- Ambulance expenses and other costs
- Benefits from workers’ compensation claims
- Damages from architects, contractors, owners, and other negligent parties
- Emotional trauma
- Loss of opportunity
- Lost income, including future loss of income
- Medical treatment costs, including future medical expenses
- Pain and suffering
Contact our personal injury lawyers today
877-751-9800Time Limits for Construction Accidents in New York
New York has established a statute of limitations timeframes that govern when injured parties can file lawsuits for common construction accidents. These deadlines vary according to the nature and circumstances of the incident.
How Long Do You Have to File a Claim for Negligence?
In the case of a personal injury claim due to alleged negligence, the victim has three years from the date of the accident to initiate a legal action seeking damages. According to CPLR §214, an injured worker must file a construction accident claim with the court before the three-year deadline passes, or they risk their claim being barred or dismissed.
How Long Do You Have to File a Wrongful Death Claim?
If the construction site incident results in a worker’s wrongful death, the statute of limitations changes. In that instance, the deadline is two years from the date of the accident for a representative of the deceased victim’s estate to commence a lawsuit. So, in compliance with EPTL §5-4.1, the family or administrator of the estate must take legal action seeking damages for the loss of life within 24 months, or the claim could be disallowed by the court as untimely.
Knowing these variations in the statutory deadlines based on the nature and result of the construction accident is essential for any injured worker or the representative of a deceased victim to preserve their right to pursue compensation through the civil litigation process before the applicable limitations period expires in their case.
What Should You Do After You Are Injured in a Construction Accident at Work?
If your construction accident injury occurred while you were on the job, you need to take several steps to secure your health and legal rights to compensation. Here are the steps you should take:
Get Medical Attention
Your health and safety should be the top priority after a workplace accident. Get any required emergency medical care without delay. Call 911 for an ambulance if the injury appears serious, such as symptoms of a head injury, broken bones, severe blood loss, or issues breathing.
Even injuries that don’t seem very bad on the surface could mask deeper wounds, so it’s essential not to wait to consult a doctor, especially when there is any pain or abnormal physical reaction. Timely health screening after an accident is vital for proper diagnosis and the best chances of full recovery with appropriate treatment.
Report the Injury to Your Supervisor
Notifying your supervisor of exactly what happened as soon as you are able to get accurate information right away helps with the next steps. Provide a detailed account of how the accident occurred, including any equipment, materials, or conditions involved, and thoroughly describe all resulting physical harm or symptoms.
Give an honest assessment of your condition and any medical attention already received or still required. Keeping lines of open communication with supervisors about workplace incidents is important. After you’ve talked about your condition with your supervisor, you’ll need to complete an incident report form for your employer.
When you’re creating a written report for your employer, make sure to avoid any speculation or opinions. Be sure to keep a copy of this signed record for your files as well. Accurate documentation created concurrently helps establish a timely claim.
Gather Evidence
Take clear photos on your phone of any hazardous conditions, defective equipment, or other factors involved. Be sure to timestamp the photos so our lawyers can build a strong case. Also, gather contact information from any witnesses who were on site and saw what happened.
Make thorough notes of conditions like weather, lighting levels, debris, or disarray that could relate to the incident. Also, note any standard practices normally in place versus what safety protocols were actually being followed. Preserving a record through photos and documentation can prove useful for workers’ compensation claims and investigations into liability down the road.
Notify your employer’s workers’ compensation insurance provider about any lost work time incurred or medical bills accrued related to the accident and resulting injuries. The insurer or our construction accident attorney, if complications arise later, can assist you through the claim filing and approval process. Getting help to handle paperwork ensures all potential benefits are pursued properly through this system as the primary means for accident coverage and costs on the job.
Consulting an experienced New York City construction accident lawyer should be the next step. A lawyer from Morelli Law Firm can thoroughly investigate the details and protect your legal options while focusing on recovery.
How a General Contractor Could Be Liable For Your Injuries
Under New York Consolidated Labor Law §200, a general contractor is legally responsible for ensuring the safety of all workers on their job sites. That safety includes being responsible for ensuring all workers have reasonable and adequate protection regarding their health and lives, in addition to their safety.
In addition to the general contractor’s responsibility for the safety of the construction site, this law also indicates that it is the property owner’s as well. The general contractor and property owner could be liable for your injuries if they:
- Failing to properly train workers on safe scaffolding, ladder, and heavy machinery operation, as well as fall prevention protocols.
- Not enforcing fall protection protocols or proper use of protective gear for high-elevation work involving heavy machinery.
- Hazardous site conditions exist, like unprotected holes, edges, or unsafe surfaces, without taking precautions, where heavy machinery or falling objects could pose risks.
- Not conducting sufficient job site hazard assessments or safety training for all workers and subcontractors regarding risks from heavy machinery and falling objects.
- Neglecting to have an adequate site emergency response plan or first aid supplies or personnel available to handle any accidents or injuries caused by heavy machinery or falling objects.
- Allowing unsupervised or inexperienced workers to perform dangerous tasks involving heavy machinery without proper oversight and training.
- Failing to address safety hazards, concerns, or prior incidents regarding heavy machinery or falling objects that workers reported.
- Not enforcing safety rules related to crane operation, material handling or storage where heavy objects could fall, or confined space entry near operating heavy machinery.
What Are Common Injuries in Construction Site Accidents?
As a result of working with heavy machinery, electrical equipment, and power tools, you could suffer severe injuries. Some of the most common types of injuries in the New York City construction industry include:
- Broken bones: Workers face risks of broken bones from falls from heights or being struck by heavy construction materials.
- Burns: Electrical burns are a risk from exposed wiring, while burns can also occur due to accidents involving welding equipment.
- Traumatic brain injury: Head injuries are common on jobsites and can result from being struck by falling objects or construction vehicles.
- Back, shoulder, or neck injuries: Lifting heavy items and repetitive stresses place strains on the back, shoulders, and neck.
- Construction vehicle accident injuries: Operating machinery like forklifts, bulldozers, and cranes can lead to accidents between worksite vehicles.
- Electrocution: Dangerous electrical wires, equipment, or tools pose electrocution risks to workers.
- Eye injuries: Hazards like flying debris and particles make eye protection a necessity against impact or chemical injuries.
- Injuries from materials falling from heights: Falling tools or building materials are a risk to workers below on construction projects.
- Spinal cord injuries: Workers risk paralysis from falls, being struck or crushed by equipment due to the spine’s vulnerability.
Contact a New York Construction Industry Lawyer Today
At Morelli Law Firm, our team has over 40 years of combined experience helping construction accident victims like you. Our New York City construction accident attorneys can help you fight for the compensation you need.
Contact us today to learn more about common construction accidents in New York City.
Call or text 877-751-9800 or complete a Free Case Evaluation form