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 Manhattan 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 are not sure if that is the best path. When you have bills piling up and severe injuries to recover from, it would be easier to let a construction accident lawyer handle your legal matters for you.

When you need a Manhattan construction accident lawyer, reach out to Gray Injury Law. 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 Lawyer Services

The New York Labor Law, including Section 240 (the “Scaffolding Law”), was intended to protect construction workers from job site accidents. That is why our construction accident team fights even harder for justice. Many construction accidents were preventable had the property owner or general contractor taken the steps necessary to keep the job site 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. A successful third-party personal injury claim can recover compensation beyond what workers comp provides, including damages for pain and suffering.

Dangers of Construction Sites

We handle all types of Manhattan construction accident cases. According to the Occupational Safety and Health Administration (OSHA), falls remain the leading cause of death in the construction industry, with over 1,000 construction fatalities in a single year. These are some of the most common types of construction site accidents.

Crane Accidents

Cranes are used for lifting heavy equipment and other materials. They can lift between 10,000 and 60,000 tons and can reach up to 230 feet tall. 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 U.S. from falls from ladders. Even a fall from a height of 10 feet or less can cause a fatal construction injury. Falls from ladders are the leading cause of death on construction sites.

Employers can protect workers by providing harnesses that fit properly, training workers on safe ladder positioning, and providing 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 hazardous condition for 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 devastating construction accident injury.

Trench collapses are some of the most devastating types of construction accidents. Construction workers build trenches to hold foundations and provide drainage, putting them at risk of death in an unprotected trench. 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. Being struck by falling objects is one of OSHA’s “Fatal Four” hazards, which together account for the majority of construction worker fatalities each year.

Slip and Falls

Slips, trips, and falls can happen anywhere on a job site where there is little traction between a worker’s footwear and the surface of the walkway, or wherever there are sloped surfaces. Falls can result in disability or death and remain 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 while working on elevated structures. This includes:

• 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.

The U.S. Occupational Safety and Health Administration (OSHA) is an agency of the U.S. Department of Labor that 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 serious construction accident investigations. By enforcing safety standards, they have been able to reduce construction site injury rates in the U.S.

Determining Liability in a Manhattan Construction Accident Case

Some causes of construction site accidents are 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 Manhattan 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 do not 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. Under New York’s comparative negligence rules, a worker’s own actions may reduce their total recovery, but they can still pursue a claim even if they share some fault.

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 New York personal injury lawsuit if your work-related accident was due to the negligence of a third party. A third-party claim allows you to pursue damages for pain and suffering, which are not available through workers’ comp alone.

You could compromise both your personal injury lawsuit and your workers compensation claim if you do not file them properly. Our construction accident lawyer team has the knowledge of both New York’s workers’ compensation system and personal injury laws, so 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 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 Available After a Manhattan Construction Accident

If you were injured on a construction site by a third party, you may be entitled to economic damages such as lost wages, medical bills, and future lost wages. Noneconomic damages compensate you for your intangible losses, including emotional distress and mental anguish, which can significantly increase the total value of your claim.

Wrongful Death

Although there is no dollar amount that can be put on a life lost to a fatal accident, if a family member suffered fatal injuries in a construction accident, you can sue for damages in a wrongful death claim. Recovery may include loss of financial support, funeral and burial expenses, and compensation for the medical expenses incurred before the 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, and missing this deadline can permanently bar your right to recover compensation.

You must report your Manhattan 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 and the financial impact they carry.

Traumatic Brain Injury (TBI)

A significant percentage of fatal occupational traumatic brain injuries are due to falls from ladders and scaffolding. 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 gets knocked around inside the skull, bruising it and tearing neurons. TBI can lead to brain bleeding, concussion, seizures, loss of consciousness, confusion, dizziness, 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 medical costs associated with crush injuries are often substantial, requiring extended hospital stays and multiple reconstructive surgeries.

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 nerve function as possible.

Under 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, 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 Gray Injury Law After a Manhattan Construction Accident

Construction workers make up only a small fraction of Manhattan’s total workforce, yet they account for a disproportionate share of work-related injury fatalities. The costs of a construction accident injury are astronomical, leaving many families wondering what to do. Your construction accident lawyer does not 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.

Gray Injury Law has been fighting for injured people and their families since 1996. Founded by Mark Gray, our Manhattan personal injury law firm has successfully recovered 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 you deserve for your construction site injuries. Contact us today for a free consultation.