Construction accidents are prevalent in the US. According to the Bureau of Labor Statistics, construction has the most fatalities of any industry, accounting for one in every five workplace deaths each year. OSHA also highlights the significant number of non-fatal injuries in construction sites, totaling 77,780 in 2016.
Of the fatal injuries on construction sites, slips, trips, and falls make up over 36% of reported incidents each year (per the construction fatality map shared by the CPWR).
Given the significance of these incidents, it is important for those affected to seek legal counsel. Working with a Brooklyn construction accident lawyer ensures that injured parties understand their rights and legal options. A professional personal injury lawyer in New York can assist those affected by a job site injury with filing for workers’ compensation and pursuing other legal action where appropriate.
With a personal injury attorney, those involved in a workplace accident can be sure of following the correct protocol when filing a claim for workers’ compensation. Such benefits may cover:
Barring permanent total disability, these benefits may be subject to limitations. Compensation is often only payable until a doctor determines the injured party has reached maximum medical improvement (MMI) and is as well as they are likely to be again.
Sometimes, it is possible to sue an employer or a liable third party if their negligence leads to an injurious accident. Where applicable, third parties include property owners, contractors, co-workers, and equipment manufacturers. Conditions that may constitute negligence under New York law include:
A Brooklyn construction accident lawyer can advise those involved in a workplace accident about their legal options for a lawsuit. To demonstrate negligence, the legal team must prove that the third party or employer owed their employees a reasonable duty of care and that they breached this duty through negligent acts. They must also prove that these actions directly led to the injurious accident and resulting damages.
If an attorney can provide evidence to satisfy those criteria, they may submit a demand letter to the defendant’s legal team. Within said letter, they might include supporting documents for damages, such as:
Additionally, in rare cases of gross negligence or intentional harm, a personal injury lawyer may seek punitive damages.
As shared by OSHA and CPWR, slips, trips, and falls, are the most common causes of workplace injuries on construction sites. These incidents can lead to serious brain and spinal trauma and may be fatal, especially when employees lack the appropriate fall-prevention devices, including guardrails, harnessing, and slip-proof mats.
Falls may also result from faulty or improperly used scaffolding or inadequate training for working at great heights.
Other common causes of workplace injuries are electrocution, strikes by falling objects, and crushing or “caught in or between” injuries.
Electrocution may occur due to the use of defective tools, improperly grounded wires, or unmarked wires. Debris strikes are a potential hazard when equipment is not secured properly or is defective. “Caught in or between” accidents can crush workers who become entangled in machinery or heavy objects due to defective parts or improper safety gear.
Many of these injuries can be fatal or lead to lasting health effects, such as:
Other less severe injuries may arise due to overuse or improper use of the body during manual labor; for instance, herniated disks may be the result of unsafe lifting practices.
Regardless of the perceived severity, those affected by a construction accident injury in New York must seek medical assistance. Some injuries, such as concussions or internal bleeding, may not be obvious or may only show symptoms later, so it is vital to receive a medical examination after any accident. These initial examinations can also document the injuries immediately after a workplace accident, which is key to filing for workers’ compensation or pursuing a lawsuit.
After receiving medical care, those involved in a workplace accident may benefit from consulting with a Brooklyn construction accident lawyer.
The Wohlgemuth Law Firm PLLC offers legal counsel to construction workers injured on the job in Brooklyn, NY. An attorney can assist injured parties in understanding their legal options and filing workers’ compensation claims or lawsuit demands where appropriate. Consulting a slip-and-fall accident lawyer through our firm is an important step in assessing your legal remedies.
Before moving forward, contact the law firm at (718) 474-9100 or schedule a consultation online to learn more about your rights and responsibilities.
Workers’ compensation claims face numerous potential obstacles. Employers sometimes dispute whether injuries occurred at work or question the severity of reported injuries. It is essential to gather as much evidence as possible to establish clear connections between workplace conditions and your injuries.
Insurance companies may delay processing claims or request unnecessary additional documentation. These tactics aim to frustrate claimants into accepting inadequate settlements. Having an attorney will help maintain pressure on insurance companies to process claims promptly and fairly.
Pre-existing conditions often complicate workers’ compensation and related personal injury cases. We work with medical professionals to demonstrate how workplace conditions have aggravated or worsened existing conditions.