Photo by Bruno Kelzer on Unsplash
Although construction workers make up only 5% of New York City’s workforce, they account for 27% of work-related injury fatalities.
Many construction projects are not always corporate, prominent skyscrapers, but in homes and restaurants as well.
If an owner has signed a contract with its independent contractor that delegates site safety responsibility to the contractor and its firm, the owner generally has no liability for injuries to the employees that the independent contractor has hired unless the owner has exerted control over the means, methods or procedure that has allowed for an accident and injury to occur.
Determining Who Is Liable for a Construction Site Accident
A few common questions to think about when determining who is liable for a construction site accident include:
- Where did the accident happen?
- What equipment was used when the accident occurred?
- Were you lifting objects?
- Were you wearing protective gear/clothing?
- Was the management or supervisory team there at the time of the accident?
Asking these questions will help determine the liability as well as help if you are eligible for a worker’s compensation.
Worker’s Compensation Claim
Although construction site safety may be in place, where construction firms attempt to keep their sites safe and free of injury, accidents do happen.
If you have been injured at work, please seek immediate medical assistance if needed. Next, you may apply for the worker’s compensation claim to receive compensation payment for a majority of your losses caused by the accident.
In the United States, workers’ compensation due to construction accidents and injuries is an estimated $2.5 billion per year.
Having bodily insurance is critical as most of the compensation is through insurance coverage.
Additionally, worker’s compensation utilizes the no-fault system; whether the worker caused the injury or not, they will not be penalized in terms of compensation.
Common Damages in Construction Injury Cases
There are many physical, mental, emotional, and financial damages that may result as an effect of a construction injury case.
The most typical ones are:
- Lost wages for time the employee is unable to work due to the injury.
- Financial expenses for medical treatment, physical therapy, transportation, etc.
- Pain and suffering.
These damages can range from minor to catastrophic, and no damage or injury is taken lightly. Each year hundreds of construction workers get injuries because of their working site.
Making Construction Sites Safer
With the millions of construction workers who are injured each year, construction firms must improve the safety of their sites.
Technology has been a key factor in keeping construction sites safe for employees.
- Drones have been a great way to scope potential hazards and conduct job site inspections daily to ensure the construction sites and monitor the sites throughout the day to ensure everyone is working safely.
- Exoskeletons and power-assist suits are being used to help workers lift heavy objects and reduce the risk of back strain and injuries.
- Human Condition, a New York-based think tank, is developing construction wearable to protect employees. Safety vests and hard hats have been designed to have computers, sensors, GPS, and real-time locating systems within the product.
- Companies such as SmartSite and Pillar Technology have developed site sensors that can be utilized throughout the construction site to monitor factors such as temperature, noise levels, dust particles, and other organic compounds to help limit toxic exposures to workers. vi
Although there have been improvements and numerous companies and firms are striving to increase the safety of construction workers, millions of construction employees still suffer daily.
Shalom Law, PLLC is here to fight for the compensation you deserve
If you or a loved one has been in a construction site accident or injury in New York, you may be entitled to compensation and should call an experienced Personal Injury Attorney. The attorneys at Shalom Law can help you assess your case and determine your best option to ensure that your rights are protected, and you receive the maximum compensation you deserve.
Call us today for a free consultation: (718) 917-9474.
