Get Legal Representation from the Construction Accident Attorneys in New York at Shalom Law
In America’s largest city, the construction industry is booming – no matter what street you’re on or what part of the city you’re in, there is probably one or more construction projects going on somewhere within sight. But with this constant flow of construction projects comes an equally constant flow of construction site injuries, ranging from broken bones from falls, skin or organ damage from being exposed to toxic fumes, as well as a large variety of other work-related injuries.
Although working on a construction site comes with inherent dangers and risks, that does not mean you do not deserve compensation for an injury or other ailment you received on the job. If YOU are dealing with an injury or illness specifically related to your job as a construction worker, Shalom Law can help.
We specialize in representing construction workers and others who have been injured in construction accidents. Our experienced construction accident attorneys in New York, are dedicated to helping you navigate the legal system and secure the compensation you deserve. Serving clients in Queens, Brooklyn, Bronx, Manhattan, Staten Island, Nassau County, Suffolk County, and parts of Upstate New York, Shalom Law is here to support you every step of the way.
Facts and Statistics About Construction Accidents
According to the Occupational Safety and Health Administration (OSHA), construction workers account for a significant portion of workplace injuries and fatalities. In 2019, there were 1,061 fatal work injuries in the construction industry, representing 20% of all work-related fatalities in the U.S. Understanding these statistics highlights the importance of legal representation for injured construction workers.
- High Risk of Fatalities: The construction industry has one of the highest rates of fatal workplace injuries.
- Common Injuries: Common injuries include falls, electrocutions, struck-by incidents, and caught-in/between accidents.
- OSHA Violations: Many construction accidents are caused by violations of OSHA safety standards.
Common Causes of Construction Accidents
Negligence
- Falls: Falls from significant heights are the leading cause of major injuries and fatalities in the construction industry. These accidents can occur from scaffolding, ladders, roofs, and other elevated surfaces.
- Electrocutions: Electrocutions can occur when workers come into contact with live electrical wires or equipment. These incidents can be fatal and often result from inadequate safety measures.
- Struck-By Incidents: Workers can be struck by falling objects, debris, vehicles, or equipment. These accidents are often the result of insufficient safety precautions and can cause serious injuries or fatalities.
- Caught-In/Between Accidents: These accidents occur when workers are caught in or between machinery, equipment, or collapsing structures. They are often the result of inadequate training and safety protocols.
Poor Safety Practices
- Lack of Fall Protection: Many falls occur due to the absence of proper protection systems, such as guardrails, safety nets, and personal fall arrest systems.
- Improper Use of Equipment: Accidents can result from the improper use of construction equipment, such as cranes, forklifts, and power tools. Proper training and adherence to safety protocols are essential to prevent these incidents.
- Inadequate Training: Workers who are not adequately trained in safety procedures and the proper use of equipment are at a higher risk of accidents. Comprehensive training programs are crucial to ensure worker safety.
Common Construction Site Injuries
Construction accidents can result in a wide range of injuries, from minor to severe. Some of the most common injuries include:
- Traumatic Brain Injuries: Head injuries from falls or being struck by objects.
- Spinal Cord Injuries: Damage to the spinal cord from falls or being crushed.
- Fractures: Broken bones from falls, machinery accidents, or being struck by objects.
- Burns: Severe burns from electrical accidents or chemical exposure.
- Lacerations: Deep cuts from sharp objects or machinery.
- Internal Injuries: Damage to internal organs from falls or being struck by objects.
New York Construction Safety Regulations and Laws
- Proper Fall Protection
Employers are required to provide proper fall protection systems, such as guardrails, safety nets, and personal fall arrest systems, to prevent falls from heights. - Equipment Safety
Employers must ensure that all equipment is properly maintained and used according to safety guidelines. This includes cranes, forklifts, and power tools. - Training Requirements
Employers are required to provide comprehensive training to workers on safety procedures, proper equipment use, and hazard recognition to prevent accidents. - Reporting and Recordkeeping
Employers must report certain types of accidents to OSHA and maintain records of work-related injuries and illnesses.
Steps to Take if You Experience a Construction Accident
Ensure Safety
- Move to a Safe Location: If possible, move out of the dangerous area to avoid further harm. Do not try to move anyone who appears seriously injured as that may cause further harm.
- Check for Injuries: Assess yourself and others involved for injuries and call 911 for immediate medical assistance.
Document the Scene
- Take Photos: Photograph the accident scene, any equipment involved, and visible injuries. These photos can be crucial evidence in your case.
- Gather Contact Information: Collect names, phone numbers, and addresses of witnesses and others involved in the accident. Witness statements can support your case.
Report the Accident
- File an Incident Report: Report the accident to your supervisor and ensure an official report is filed. This report will be a critical document in your personal injury claim.
Seek Medical Attention
- Get a Medical Evaluation: Even if your injuries seem inconsequential, it is important to get checked by a medical professional. Some injuries may not be immediately apparent and cancause serious long term harm.
Contact a Construction Accident Attorney
- Reach Out to Shalom Law: Contact Shalom Law for a free consultation to discuss your case with our experienced construction accident attorneys. We will guide you through the legal process and help you pursue the compensation you deserve.
How Shalom Law Can Help with Your Construction Accident
At Shalom Law, our dedicated construction accident attorneys in New York, have extensive experience handling complex personal injury cases. We will:
Investigate the Accident
- Gather Evidence: We collect and preserve all evidence related to your accident, including photos, videos, and witness statements. Comprehensive evidence is crucial for building a strong case.
- Interview Witnesses: Our team conducts thorough interviews with anyone that may have witnessed the accident to build a strong case on your behalf. Witnesses can provide valuable insights and corroborate your account of the accident.
- Review Incident Reports: We carefully examine incident reports and OSHA records to identify any inconsistencies or violations that could impact your case. A detailed review helps ensure that all relevant information is considered.
Handle Insurance Claims
- Communicate with Insurance Companies: We handle all communications with insurance companies to ensure you receive fair treatment and maximum compensation. Dealing with insurance companies can be challenging as they will do everything in their legal power to minimize payouts, but we have the expertise to advocate on your behalf.
- Negotiate Settlements: Our construction accident attorneys are skilled negotiators who strive to settle your case out of court, securing the best possible outcome for you. Effective negotiation can dramatically speed up the resolution of your case and maximize your compensation.
Representation in Court
- Prepare for Trial: If a settlement cannot be reached, we are fully prepared to take your case to court. Our attorneys are experienced litigators who will vigorously represent your interests.
- Advocate for You: We will present a compelling case on your behalf in court, using the evidence we have gathered to support your claims and seek the maximum compensation available.
Provide Personalized Support
- Tailored Legal Guidance: We offer compassionate, personalized legal guidance tailored to your unique situation and needs. Personalized attention and care ensures that your specific concerns and goals are addressed.
- Regular Updates: We keep you informed about the progress of your case and answer any questions you may have throughout the process. Clear and consistent communication helps you stay informed and confident in the legal process.
By choosing Shalom Law, you are choosing a firm committed to achieving the best possible outcome for your construction accident case. Visit our Personal Injury Law page for more information on how we can assist you.
Shalom Law Will Fight For You
Construction accidents can have devastating consequences that can affect your health and ability to work, but you don’t have to face the aftermath alone. Shalom Law is here to provide expert legal assistance and support. Contact our experienced motorcycle accident attorneys in New York, today at (718) 971-9474 for a free consultation. Let us help you secure the compensation you deserve and get back on the road to recovery.
Construction Accident FAQ
What are the most common types of construction accidents?
The most common types of construction accidents in New York include falls from heights, electrocutions, struck-by incidents, and caught-in/between accidents. Each of these types of accidents can lead to severe injuries or fatalities.
How do I report a construction accident?
Immediately report the accident to your supervisor and ensure an official incident report is filed. Additionally, you may need to report the accident to OSHA if it meets certain criteria. It’s also important to contact a construction accident attorney to discuss your legal options.
What compensation can I receive for a construction accident injury?
Compensation for construction accident injuries can include medical expenses, lost wages, pain and suffering, and rehabilitation costs. In some cases, punitive damages may also be awarded if gross negligence is involved.
Can I sue my employer for a construction accident injury?
In most cases, workers’ compensation laws prevent employees from suing their employers for workplace injuries. However, you may be able to file a lawsuit against third parties, such as equipment manufacturers or subcontractors, if their negligence contributed to your injury.
Can I still pursue compensation if I am an undocumented worker?
Yes, undocumented workers have the right to pursue compensation for construction accident injuries in New York. Your immigration status does not affect your eligibility for workers’ compensation benefits or your right to file a personal injury claim. An attorney can help protect your rights and ensure you receive the compensation you deserve.
What should I do if my workers' compensation claim is denied?
If your workers’ compensation claim is denied, you have the right to appeal the decision. Contact a construction accident attorney to help you navigate the appeals process and ensure you receive the benefits you are entitled to.
How long do I have to file my construction accident claim in New York?
You generally have two years from the date of the accident to file a workers’ compensation claim and three years to file a personal injury claim in New York. It is important to consult with an attorney as soon as possible to ensure all deadlines are met.
What if I am partially at fault for the construction accident?
Generally, in New York, you can still pursue compensation even if you are partially at fault for the construction accident. The amount of compensation you can receive may be reduced by your percentage of fault. An experienced construction accident attorney can help you navigate this process.
What safety regulations must construction employers follow?
Construction employers must follow OSHA regulations, which include providing proper fall protection, ensuring equipment safety, providing adequate training, and maintaining records of work-related injuries and illnesses. Compliance with these regulations is essential for preventing accidents and ensuring worker safety.
How much does it cost to hire a construction accident attorney at Shalom Law?
Shalom Law typically works on a contingency fee basis, meaning you only pay if we win your case. The fee is usually a percentage of the settlement or verdict amount, which will be discussed at the time of your consultation.
