When you or a loved one is injured in a Bronx construction accident, pursuing compensation with the help of an experienced Bronx construction accident attorney can help you recover. You may be entitled to workers’ compensation benefits or compensation through a personal injury claim, such as medical bills and lost wages. Without an attorney’s help, that can be difficult to do. Fortunately, our team is here to do so.
The team at Jesse Minc Personal Injury Law has combined decades of experience, and we have successfully recovered millions for our clients over those years. When you contact our construction accident law firm through our online contact form or through a call at Jesse Minc Personal Injury Law, you can expect quality care for your case. We are dedicated to helping our clients recover compensation during this difficult time.
Why Are Some Construction Accidents So Dangerous?
Unsafe worksites and improper safety equipment can lead to devastating accidents, which may lead you to seek out a construction accident attorney in the Bronx. Unfortunately, many people need help from a wrongful death attorney, who can help guide them to the compensation they need. Why are these worksites so dangerous for the workers there?
Construction sites are more dangerous than many other workplaces because employees are dealing with dangerous conditions such as extreme heights, heavy machinery, and dangerous materials that can lead to injury or death. When this happens, if the construction company did not take proper safety measures, you may have grounds to seek out a Bronx construction injury attorney for this negligence. When proper safety protocol is not followed, and you suffer because of that negligence, your Bronx construction litigation lawyer can guide you to the answers you need following your accident.
Bronx Construction Accident Statistics
The construction industry is one of the most dangerous, according to the New York Committee for Occupational Safety and Health (NYCOSH). In fact, construction worker injuries make up about 20% of worker fatalities, despite the fact that construction workers represent only 4% of the American workforce.
The Occupational Safety and Health Administration (OSHA) shows that in 2022 states that there were 46 work-related fatalities in total, which makes construction-related fatalities make up about 24%. Additionally, according to the New York City government, there were 540 construction-related injuries in 2022, with 11 fatalities.These numbers highlight the risks that construction workers face daily, emphasizing the importance of continuous efforts to enhance workplace safety and protect these essential workers. Some of the most prevalent OSHA violations that may lead to accidents include:
- Failure to adhere to training requirements
- Failure to follow scaffold safety standards
- Failure to adhere to fall protection standards
- Failure to follow ladder and stair safety standards
Construction accidents can take multiple forms. However, recent data suggest that fatal fall accidents account for over 50% of construction accident injuries. Some of the other top causes of construction accidents include:
- Getting struck by a falling object
- Getting caught in or between machinery or equipment
- Shock or electrocution injuries
- Slip and fall accidents
- Machinery or equipment accidents
- Fires or explosions
- Exposure to toxic substances or chemicals
To address these alarming statistics, construction companies and regulatory bodies must collaborate closely in reinforcing safety measures. Investing in advanced safety equipment, regular training programs, and rigorous site inspections can significantly reduce the incidence of accidents.
Additionally, implementing technology-driven solutions, such as wearable safety devices and real-time monitoring systems, can enhance hazard detection and prevention. By fostering a culture of safety and vigilance, we can work towards a future where construction workers in the Bronx and beyond are safeguarded against preventable injuries and fatalities.
Can anything be learned from these and other construction industry data?
There are many risks associated with the construction industry, and New York construction is no different. Adequate safety and health protocols are essential to ensure the safety of construction workers. Equipment needs to be inspected and updated frequently, and actions must be taken to eliminate hazards.
While the onus falls on the contractors in charge of the job sites, it’s also the responsibility of New York State to ensure that violations are strictly punished. OSHA data reveals that on job sites where fatalities occurred, employers had coinciding violations 97% of the time, highlighting employer negligence in following safety regulations.
Companies that put their workers at risk may still be eligible to receive government subsidies from New York State and New York City. Even when fatalities occur due to blatant safety violations, the company may be fined, but it typically isn’t more than $35,000, which may not discourage them from allowing their employees to work in less-than-ideal conditions.
Despite the existing regulations, many construction workers continue to face dangerous conditions daily. To address this issue, New York must implement stricter penalties for safety violations and increase funding for safety inspections. Additionally, promoting a culture of safety through continuous education and awareness programs for both employers and employees can help reduce the number of accidents. By fostering a proactive approach to safety, we can ensure that every construction worker returns home safely at the end of the day.
If you work in construction in New York, you deserve to be protected. Demand that your employer adheres to all safety regulations and provides adequate training and equipment to ensure a safe working environment.
Our Results
$5,000,000
Settlement for a union construction worker who fell into a hole on a job site, suffering neck, back, and knee injuries.
$2,500,000
Settlement for a union construction worker who was struck by a falling object and fell from a height at a job site, suffering injuries to his lower back and shoulder.
$1,800,000
Settlement for a construction worker who was struck in the head with a pipe and suffered neck injuries requiring a cervical fusion and which resulted in his inability to continue his career as a laborer after defending the case on appeal to the Appellate Division, Second Department.
$800,000
For a construction worker who suffered lumbar spinal injuries as a result of a falling crate, despite the fact that the worker did not complain of back pain for four weeks after the accident and had minimal lost earnings.
Steps To Take After Your Bronx, New York Construction Accident
Your first action after an accident should always be to seek medical attention. Whether you are taken to an emergency room, go to your primary care physician, or receive care from any health professional, it is crucial to save all doctor’s instructions and medical bills. In addition, this information may be vital to the law office handling your claim.
It is also vital for you to give your employer written notice about what happened. Make a note of their response and adhere to the instructions you were given. Here are some more steps that you can take after your construction incident:
- Speak with witnesses, including fellow workers, about what happened and take a written record of their testimonies and personal information
- Take pictures and videos of the scene of the construction site, the equipment that caused it, and any other identifying item that may help you document what happened
- Collect hospital or medical records, including x-rays, scans, doctor reports, and physical therapy records
- Explore all of your legal options by reaching out to a construction accident lawyer in New York
Bronx Construction Accident Attorney Duties
Your attorney will ask you to provide them with all the documentation you possess related to the accident to get started. This might include medical records and bills related to the injury, as well as information on your insurance policy.
In many cases, a construction worker injured in an accident will be entitled to workers’ compensation insurance coverage; and your Bronx construction accident attorneys could help you to secure those benefits.
Once they’ve gathered all the necessary documentation, your injured construction workers’ legal team will begin their investigation. They will investigate your construction site accident down to the minute details to determine what happened and who is responsible.
Your Bronx personal injury attorney will do the following to protect your claim:
- Review any camera footage that captured the construction site accident
- Gather the accident reports put together by the various players on the job site
- Determine what the police records say about it
- Interview any possible witnesses
- Build your case using all of the information gathered from the investigation
- Advocate with the insurance company on your behalf
A personal injury claim may be settled before even going to court. Prior to trial, your Bronx construction accident lawyer could meet with the defense to negotiate your case to get you the best settlement possible. In fact, many Bronx construction accident victims receive large and fair settlements. However, if negotiations prove unsuccessful, your construction accident attorney will try and recover your economic damages and non-economic damages in court at trial.
Common Types of Construction Accidents in Bronx NY
Bronx NY employers must obtain specific permits, have frequent inspections, and place job safety programs to prevent or limit accidents in the workplace. Unfortunately, sometimes speed trumps safety protocols leading to Bronx NY construction site accidents.
If you are an injured construction worker due to poor adherence to workplace safety regulations, then you may be able to recover damages with a personal injury lawsuit. In addition, defective products, negligence employers, and employees who fail to adhere to established safety protocols and procedures could also cause accidents.
Here are some of the most common causes of Bronx construction site accidents:
- Insufficient or inadequate training for employees
- Ignored safety protocols
- Accidents with cranes or hoists
- Harness accidents
- Accidents due to collapsed structures
- Equipment that is not adequately maintained or used
- Accidents related to compressed gasses
- Ladder accidents
- Forklift accidents
- Mechanical risks
- Exposure to toxic substances or fumes
- Falls from elevators
- Fires
- Falls from heights
- Explosions
- Scaffolding that collapses or related scaffolding accidents
- Tools that are misused
- Defective equipment
- Slips and falls
- Electrical or welding accidents
- Falling objects
If you’re experiencing emotional distress because you were injured on a construction site, have a free consultation with a Bronx construction accident attorney. A personal injury lawyer can help you recover your enjoyment of life and recover the damages you may be entitled to. They also have experience in many legal representation practice areas that support accident victims, and injured workers recover the compensation they deserve.
Common Construction Accident Injuries in New York City
Workers on construction sites could experience the following injuries:
- Burns
- Electrocution accidents
- Eye injury, including vision impairment or blindness
- Broken bones
- Knee and ankle injury
- Neck, shoulder, or back injury
- Spinal cord injury, including damage that can cause paraplegia or quadriplegia
- Illnesses caused by toxic chemical exposure
- Head injury or brain injury
- Post Traumatic Stress Disorder
Construction accident victims can file a New York Workers’ compensation claim or a personal injury lawsuit. In the most tragic of cases, the injuries sustained by the construction worker could be fatal. Speak with an experienced Bronx construction accident attorney as soon as possible. Additionally, avoid making any statements to insurance companies before you speak with a personal injury lawyer.
Construction Accident Damages
Construction sites can be dangerous. Bronx construction accidents can cause their victims and family members to suffer from physical, emotional, and psychological pain. Additionally, injured workers might have lost wages from not being able to work and they might have accumulated medical bills. Extensive medical bills can certainly cause unending financial stress, in addition to the pain and trauma of suffering a severe injury.
Should your injury become permanent, it will have an impact on your life. That is why your construction accident lawyer in New York may be able to help you recover the following damages:
- Lost wages
- Lost union benefits (such as pension benefits, medical insurance, vacation pay, etc.)
- Medical expenses now and in the future
- Costs of receiving psychological counseling
- Physical therapy sessions
- Funds to cover either your mortgage or rent payments
- Damage to your property
- Ongoing living expenses which you cannot tend to
- Pain and suffering
- In cases of death, the economic loss suffered by your family
Speak with a New York City accident lawyer today if you’ve been involved in a Bronx construction incident because you may be entitled to damages in your claim.
Workers Compensation vs. Personal Injury: Which Is Best for Your Claim?
Many workers face serious damages that can impact their quality of life for years to come following a construction accident. Worse, they may be unsure where to turn and how to get compensated fairly for the suffering they have experienced. When this happens, you may have grounds for aid through your workers’ compensation benefits or through a personal injury claim.
Your first option as a worker is typically a workers’ compensation claim, which should be offered through your employer if you are a worker acting in the scope of your employment. These benefits should be offered in any case where an accident happens in the scope of your employment. These benefits should be offered as soon as possible, meaning you do not have to wait to get the wage replacement and medical bill coverage you need.
However, your employer may have failed to offer worker’s compensation insurance, or you may have been injured by a third party. In these cases, among others, you may have grounds for a personal injury lawsuit, rather than a workers’ compensation claim. While these claims may take longer to complete, you may have more opportunities to seek compensation for your economic damages like medical expenses as well as non-economic damages like pain and suffering.
FAQs on Bronx Construction Accident Lawyers
We understand how confusing the construction accident claims process can be. To help you better prepare for what to expect, we have answered some of the most frequently asked questions regarding construction accident claims in the Bronx.
If you have additional concerns we did not cover on this page, do not hesitate to contact our team for a free consultation so we can discuss your specific needs further.
What are my rights after a construction accident in the Bronx?
After suffering devastating injuries in a construction accident, you have multiple rights. First, if you have been injured in a construction accident, you should seek medical treatment and care. In fact, you should be sure to do so to begin building documentation of your injuries and prevent the liable party from accusing you of attempting to file a claim frivolously or falsely.
You also have the right to be made whole. This means you should be compensated for every loss you’ve suffered, not only the economic damages you endured. Depending on the circumstances of your case, you may be entitled to workers’ compensation benefits. If your employer is required by law to carry workers’ comp protection coverage and you meet the eligibility requirements, you have the right to certain benefits from your employer’s workers’ comp insurance provider.
If you are the surviving family member of an individual who passed away due to a fatal construction accident injury, you may be able to pursue a wrongful death action against the liable party. However, you might also be entitled to death benefits through your loved one’s workers’ comp insurance.
Your construction accident attorney in the Bronx can carefully review the circumstances of your case to help you explore your legal options and ensure you exercise your rights across all available avenues.
Should I get a construction accident attorney in New York?
It is always recommended to have the help of an experienced law firm during a construction accident case. Handling the legal case on your own could be a mistake. Federal and state laws regarding these accidents could be too complex for someone without experience in workers’ compensation benefits, insurance companies, and related practice areas. It can also become emotionally overwhelming.
You don’t have to do it alone. An experienced Bronx construction accident lawyer can help you get the damages and compensation you are entitled to.
Properly litigating a New York construction accident lawsuit can be expensive; your construction accident lawyer can work contingently so you can focus on your recovery. In addition, a lawyer will be much more skilled at negotiating your settlement with claims adjusters and the defense when litigation is needed. An established attorney-client relationship will also be confidential, and your lawyer will work in favor of your best interests.
Can a Subcontractor Sue the Contractor for an Injury?
A subcontractor can sue a contractor for an injury under certain circumstances. This typically hinges on whether the contractor’s negligence directly contributed to the injury. For a subcontractor to successfully bring a lawsuit, they must establish that the contractor owed them a duty of care, breached this duty, and that the breach directly caused their injury.
If a contractor fails to maintain a safe work environment or violates safety regulations, leading to the subcontractor’s injury, a lawsuit may be viable. In such cases, the subcontractor may file a personal injury lawsuit to seek compensation for lost wages, medical expenses, and pain and suffering.
Legal dynamics vary based on state laws and contractual agreements. Under New York State law, workers’ compensation statutes generally provide the exclusive remedy for workplace injuries, which means that subcontractors are often limited in their ability to sue contractors directly. These statutes ensure that employees receive guaranteed, albeit limited, benefits for workplace injuries, typically precluding them from suing their employers for additional damages.
There are exceptions. If a subcontractor can demonstrate that a third party, such as a general contractor, was negligent and directly responsible for the injury, they may pursue a lawsuit against that third party. Additionally, subcontractor agreements sometimes include clauses that waive the right to sue the contractor, which can further limit legal recourse.
It’s crucial for subcontractors to thoroughly review their contracts to understand the specific legal protections and restrictions that apply. A legal professional specializing in construction law in New York State can provide valuable guidance on the feasibility and process of pursuing such a lawsuit.
What Types of Claims or Lawsuits Result from Construction Accidents?
For construction accidents in the Bronx, New York, your legal team can help you pursue one or all of the following types of claims. Keep in mind that your lawyer could advise you to pursue more than one simultaneously.
Workers’ Compensation
Suppose an employee gets injured on the job. In that case, they may not bring a personal injury lawsuit against their employers because they are entitled to receive their compensation insurance benefits.
If you are trying to claim workers’ compensation benefits, you first must prove that you have been injured, no matter what circumstances brought about the accident. You will have to document and provide medical proof that you were injured and missed out on work due to that injury. Your construction accident lawyer in New York can help you organize the evidence you need for your worker’s compensation claim. They can also explain what benefits you are entitled to under New York’s Workers’ Compensation laws.
Once your claim has been accepted, you will receive the worker’s comp benefits to which you are entitled. In these cases, your lawyer may help you bring an additional claim against third parties to maximize the recovery of damages.
Personal Injury and New York Labor Law Claims
You could be entitled to damage recovery through a personal injury lawsuit. If a third party, such as a property owner, breached their duty of care, you could sue them for negligence.
You can also bring claims under the New York Labor Law against your job site’s owner, general contractor, or construction manager if you can prove that any or all of these parties violated a portion of the law that caused your accident.
Product Liability Lawsuits
If you were injured because you were using a product that turned out to be defective, your lawyer could bring a suit against any negligent party part of the chain of distribution. For example, tools and other equipment used on the job may fail because they are defective, leading to severe injuries.
When this happens, the injured party may recover compensation from the manufacturer and the wholesaler or anyone else involved in the distribution chain.
Wrongful Death Claims
When workers lose their lives on the job, it falls to their families to bring a wrongful death claim on their behalf. If you’re the loved one of someone killed on the job in the Bronx, NY, speak with a New York City workers’ compensation and wrongful death attorney.
Talk to a Bronx Construction Accident Lawyer for Help Today
If you have suffered an injury in a Bronx construction incident in New York, talk to a construction accident lawyer today to start the claim process for your injuries.
Construction Accident lawyers specialize in dealing with this type of case. They will work to get you the damages you deserve, whether they relate to workers’ compensation, medical bills, or pain and suffering, among others. Make an appointment today to discuss your case. Call Jesse Minc Personal Injury Law today to receive your free consultation.