Although working in the construction industry is inherently dangerous, construction companies and third parties must provide reasonable and adequate safety protection to workers on job sites. When a property owner decides to ignore a dangerous condition because they do not want to spend money to make the construction site compliant, it can lead to a workers comp or a construction accident case.

Filing a workers comp case seems straightforward at first but can quickly become confusing. You may find yourself looking up questions about labor law. You might even be considering filing a personal injury lawsuit instead, but aren’t sure if that’s the best path. When you have bills piling up and severe injuries to recover from, it would be easier to let a construction accident attorney handle your legal matters for you, who communicates regularly and has compassion.

When you need a New York City construction accident lawyer, then reach out to Gray Injury Law PLLC at 212-537-7000. We provide construction accident victims the tenacious legal representation they deserve. We will conduct an investigation into your claim, identify the liable parties and help you determine which legal avenue you want to take to get compensation.

Manhattan Construction Accident Lawyers

The New York Labor Law was intended to protect construction workers from construction site accidents, which is why our construction accident lawyers fight even harder for justice. Many construction accidents were preventable had the property owner or general contractor taken the steps necessary to ensure the job site was safe.

If you file a workers compensation claim in New York and receive workers compensation benefits for your lost wages and medical bills, you still have the right to file a claim against a third party.

Dangers of Construction Sites

We handle all types of construction accident cases. These are just some of the types of construction site accidents that we often deal with.

Crane Accidents

Cranes are used for lifting impossibly heavy equipment and other materials. They can lift between 10,000 and 60,000 tons and can reach up to 230 feet tall. Therefore, when they topple over, they can cause hundreds of thousands of dollars of damage and debilitating or fatal injuries.

There are safety guidelines that limit load lift weight and mandate regular inspections to check for electrical and mechanical malfunctions. Still, a construction worker can get trapped, caught between or crushed by a piece of heavy machinery from a crane.

Ladder Accidents

Over 164,000 workers suffer injuries every year in the US from falls from ladders. Even a fall from a height of 10 feet or less, can cause a fatal construction injury. In fact, falls from ladders are the leading cause of death on construction sites. Employers can protect workers by providing harnesses that fit properly, train workers on safe ladder positioning, and provide guard rail systems to prevent workers from falling through an unprotected roof or other opening.

Unsafe/Dangerous Equipment Accidents

Dangerous equipment on a job site includes boilers, elevators, electrical devices, and flammable or toxic materials in large barrels. Failure to maintain machinery, train operators on how to use machinery, or follow proper safety procedures can lead to burns, electrocutions, and other accidents.

The manufacturer of equipment can be held liable if there was a flaw in the design or the manufacturing process that created a condition so that the equipment was hazardous to the health and safety of workers, even if they are trained.

Caught-in-Between and Crush Injuries in Construction Zones

One of the most fatal job related injuries is getting caught or crushed between two heavy objects or pieces of equipment. A piece of clothing or a body part that gets pulled into moving machinery can lead to a gruesome and devastating construction in accident injury.

Trench collapses are some of the most devastating types of construction accidents. Construction workers build trenches to hold foundations and provide drainage building drainage That puts them at risk of death in an unprotected trench. 271 workers died from wall collapses in trenches and excavation sites between 2000 and 2006. Every work site needs a competent person who can identify soil types and recommend protective systems to prevent cave-ins.

Being Struck by Falling Objects

This is one of the most common dangers in the construction industry. Cables can come loose, allowing heavy objects and tools to drop and fatally strike a construction worker. There are over 50,000 people a year who suffer from injuries after being struck by a falling object, according to the U.S. Bureau of Labor Statistics.

Slip and Falls

Slips, trips, and falls can happen anywhere on a job site where ​​there is little traction between worker’s footwear and the surface of the walkway, or wherever there are sloped surfaces. Falls can result in disability or death. In fact, it is one of the top four causes of workplace fatalities.

Even dry products like dust, granules, and plastic wrapping can cause someone to slip or lose their footing. Falls to a lower level from a collapsing structure or through an opening, or tripping and falling on the same level can cause serious injuries like broken bones, spinal cord injuries, and brain injuries.

Scaffolding Accidents

Under Section 240 of New York’s Labor Law, commonly referred to as the “Scaffolding Law,” injured workers have a right to hold property owners and general contractors strictly liable if they are injured on:

• Scaffolding hoists
• Scaffolding stays
• Ladders
• Slings
• Hangers
• Blocks
• Pulleys
• Braces
• Irons
• Ropes

NY Labor Laws That Impact Construction Accidents

Construction site accidents still happen despite New York labor laws that are designed to protect workers by requiring employers to provide safe working conditions.

Under New York Labor Laws, injured construction workers can sue contractors and negligent property owners in violation of the New York Industrial Code, Rule 23. The general contractor or property owner can be held strictly liable for injuries on a job site.

Under the New York State Industrial Code, construction workers and anyone lawfully on the job site must be provided with reasonable and adequate safety by the owner of the site.

U.S. Occupational Safety and Health Administration (OSHA)  is an agency of the US Department of labor that, along with other agencies, inspects and examines workplaces and construction sites. They have the power to enforce statutes and regulations, and have been involved in some of the most egregious construction accident injuries. By enforcing safety standards, they have been able to reduce construction site injury rates in the US.

Determining Liability in a New York Construction Accident Case

Some causes of construction site accidents are pretty straightforward, such as a lack of training. Other construction accident cases can be harder to determine who should be held liable for the serious injury or fatality. Oftentimes there are multiple parties involved in a construction project, and any of them could share responsibility for your NYC construction accident.

The Construction Company

Although working on a construction site is inherently dangerous, those dangers can be mitigated with the proper safety measures. Unfortunately, many construction companies don’t provide the necessary safety equipment and protection workers need to do their job.

Third Parties

Sometimes, contractors or subcontractors hire untrained laborers or small crews for big projects to save themselves money. They rush to meet deadlines that a larger crew would be able to meet, making workers more prone to construction site injuries.

The Injured Worker

Sometimes, even the construction worker is liable for their own job-related injury if they fail to follow proper safety protocols. Workers can be liable for a construction site accident if they show up drunk or under the influence of drugs, or if they were horsing around or did not wear a hard hat.

Can I Sue My Employer After I Get Hurt on a New York Construction Site?

There are two routes to financial recovery after a construction accident: through a workers compensation claim or a personal injury claim. You can also seek compensation through a personal injury lawsuit if your work related accident was due to the negligence of a third party. Call us today to learn more about how you can recover compensation in your New York City construction accident case.

You could compromise both your personal injury lawsuit and your workers compensation claim if you do not file them properly. Our construction accident lawyers have the requisite knowledge of both the New York’s workers’ compensation system and personal injury laws so that you can get the maximum financial compensation and not compromise your eligibility.

The New York State Insurance Fund (NYSIF) is a governmental insurance company that provides the workers’ compensation benefits for employers in New York. NYSIF begins payments within 18 days of the construction site accident, and subsequent workers compensation benefits are paid bi-weekly.

Damages Are Available After a New York Construction Accident

If you were injured on a construction site by a third party, then you may be entitled to economic damages such as:

• Lost wages
• Medical bills
• Future lost wages

Noneconomic damages compensate you for your intangible losses like emotional distress and mental anguish.

Wrongful Death

Although there is no dollar amount that can be put on the life of a loved one killed by a construction accident, if your loved one suffered fatal injuries in a construction accident, you can sue for damages in a wrongful death claim to recover:

• Loss of financial support
• Funeral and burial expenses
• Compensation for the medical expenses your loved one incurred before their untimely death

How Long Do I Have to File an Injury Claim?

A Manhattan construction accident lawyer can help you determine the deadline for filing your personal injury lawsuit and work quickly to get started on your construction accident claim. The statute of limitations on personal injury claims in New York is three years from the date you were injured.

You must report your NYC construction accident to your employer within 30 days, but it is best if you do it sooner. Otherwise, you could lose your right to workers comp benefits like compensation for your lost income.

Common New York Construction Accident Injuries

Injured workers can suffer debilitating injuries on a construction site that may require multiple surgeries, physical therapy, occupational therapy and a very long time to recover. These are some of the common construction injuries.

Traumatic Brain Injury (TBI)

50% of all fatal occupational traumatic brain injuries were due to falls from ladders and scaffolding, according to the The Centers for Disease Control and Prevention (CDC). TBI is caused by a sudden blow or force to the head that may or may not fracture the skull. The result is that the brain, one of the most important organs in the body, gets knocked around inside the skull, bruising it and tearing neurons. TBI can lead to brain bleeding, concussion, seizures, loss of consciousness, confusion, dizziness, vomiting and coma.

Crush Injuries

Injuries from falling objects and collapsing structures can lead to crush injuries that typically have fatal complications. Blood flow is interrupted as a result of extensive damage to the tissue, increasing the risk of infection. The most dangerous complications of crush injuries are Compartment Syndrome and Bywater’s Syndrome.

Spinal Cord Injury

The leading cause of spinal cord injuries in construction accidents are falls from ladders or other structures. Spinal cord injuries can lead to paraplegia or quadriplegia, requiring the victim to rely on home care to complete daily tasks. Quick medical attention is critical to preserving as much of the connection of the nerves from the brain to the rest of the body. Those with incomplete spinal cord injuries are able to recover some of their ability to move in as little as six months, while others may need one or two years.

According to ​​Labor Law 240, an employer can be held strictly liable for the serious injuries caused by a fall. If there are any violations of the Scaffolding Law, then the worker injured could have their physical therapy and other medical expenses compensated.

If you sustained injuries at work in New York, your injuries may be covered by workers compensation.

Call Us After An NYC Construction Accident

The Federal Bureau of Labor Statistics found that although construction workers make up only 5% of New York City’s total workforce, they account for 27% of work-related injury fatalities. The costs of a construction accident injury are astronomical, leaving many families wondering what to do.

Your construction accident attorney doesn’t get paid unless we recover compensation on your behalf. This takes the financial burden off of you and allows you to focus on your recovery rather than on your construction accident case. We can explain our fee structure, your legal options and more at your free case review.

Call 212-537-7000 now to schedule a free consultation with a New York City construction accident lawyer from Gray Injury Law PLLC. Our Manhattan personal injury law firm has successfully won over $1,000,000 in settlements and verdicts for victims of construction accidents. We are eager to help you get the fair and just settlement that you deserve for your construction site injuries.