Construction Accident

It should come as no surprise to you that working in the construction industry involves plenty of inherent risks. That’s why construction accidents are responsible for the injuries or deaths of thousands of workers every year. More to the point, these accidents account for one in five workplace fatalities in the country.

If you have suffered a construction accident in the Bronx or lost a loved one, it’s important to reach out to a Bronx Construction Accident Attorney who will help you with your injury claim. There are many federal and state laws that apply to these accidents but will not be applicable to all situations. Your construction accident attorney will be able to guide you through this complicated legal maze while also pointing out to you all the parties that may be liable for your injuries. Among them, the owners of the construction site, the developers, general contractors (or construction managers) and sub-contractors. In some cases,  manufacturers of faulty equipment may also bear responsibility.

How can a Bronx construction accident attorney help you with your case?

To get started, your attorney will ask you to provide them with all documentation you might have. This might include medical records and bills related to the injury as well as information on your insurance policy. In most cases, a worker injured in a construction accident will be entitled to workers’ compensation insurance coverage; and your construction accident attorney can also help you secure those benefits.  What your attorney is trying to do now is build the case for compensation and understand the extent of your injuries.

Once all documentation has been gathered, your legal team will do some research. They will investigate the accident in minute detail and put together a clear picture of what happened and who is responsible. To do this, they may look to see if there is any footage from a camera, 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 and build the case with those images and that information.

Before going to court, your Bronx construction accident lawyer will sometimes meet with the defense and negotiate with the aim of getting you the best settlement you may be entitled to. Though top construction accident lawyers are always prepared to go to trial, negotiating a settlement is always an option. If negotiations prove unsuccessful, your construction accident attorney will present your case at trial in the strongest possible way, and obtain the compensation you deserve from a jury of your peers

What are the most common types of construction site accidents?

Even though employers are required by law to obtain certain permits, have frequent inspections, and put in place job safety programs in order to prevent or limit accidents in the workplace, it is impossible to avoid them altogether. Products might be defective, there might be negligence on the part of employers or employees who fail to adhere to established safety protocols and procedures. Accidents that might have been avoided by careful adherence to site safety plans and regulations still end up happening because, frankly, the need to complete work quickly and on time often trumps safety.  Some of the most common  causes of construction site accidents are:

  • Employees that do not receive sufficient or adequate training
  • Safety precautions that are not taken
  • Accidents with cranes or hoists
  • Harness accidents
  • Accidents due to collapsed structures
  • Equipment that is not properly maintained or used
  • Accidents related to compressed gases
  • Mechanical risks
  • Workers being exposed to toxic substances or fumes
  • Falls from elevators
  • Fires
  • Explosions
  • Scaffolding that collapses
  • Tools that are misused
  • Equipment that is defective
  • Slips and falls
  • Electrical or welding accidents
  • Falling objects

I have been in a construction accident in the Bronx, New York, what should I do?

Your health should always be your top priority and 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 important to save all doctor’s instructions and medical bills.

It is also vital for you to let your employer know about what happened. Make a note of what their answer was and what other instructions you were given.

These are some more steps that you should take after a construction accident:

  • Talk to anyone that might have witnessed what happened and get their testimonies and personal information
  • Snap pictures of the scene of the construction site, the equipment that caused it, if any, and any other identifying item that may help you document what happened
  • Find out about all your legal options by reaching out to a construction accidents lawyer in New York

What damages can my construction accident attorney help me recover?

Bronx construction accidents can result in extreme physical and psychological pain and suffering for the victims and their loved ones. Extensive medical bills can also cause unending financial stress, not to mention having to deal with the trauma of suffering a serious injury. And should your injury become permanent it will most likely have a significant impact on your life. That is why your construction accident lawyer in New York may be able to help you recover the following:

  • 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

FAQs on Bronx Construction Accident Lawyers

Should I get a construction accident attorney in New York?

You should never try to handle a construction accident injury case on your own. Federal and state laws regarding these accidents are too complicated for someone who is not trained to practice this area of labor law. An experienced Bronx construction accident lawyer will help you get the damages you are entitled to. Properly litigating a New York construction accident lawsuit is very expensive; and your construction accident lawyer will pay all of the expenses related to the case so you can focus on getting better.  And, if negotiations are needed, a lawyer will be much more skilled at that type of negotiation than someone who has never done this before.

What Type  of Claims or Lawsuits Result from Construction Accidents??

For construction accidents in the Bronx, New York, your legal team will help you pursue one or all of the following types of claims. Keep in mind that your lawyer may advise you to pursue more than one simultaneously.

Workers’ Compensation

The way workers’ compensation works, if an employee gets injured, they may not bring a suit against their employers because they are entitled to receive the benefits that their compensation insurance provides. If you are trying to claim workers’ compensation benefits, you must only prove that you have been injured, without having to worry about the surrounding circumstances that brought about the accident. Your construction accident lawyer in New York will help you understand what benefits you are entitled to under Workers’ Compensation laws.

Once your claim has been accepted, you will receive the benefits to which you are entitled. In these cases, your lawyer may help you bring a claim against third parties, additional to your workers’ compensation claim, in order to maximize the recovery of damages.

Personal Injury and New York Labor Law Claims

In these lawsuits, you would have to prove that there was a third party involved, that this third party was negligent, and that this negligence is what originated the injury.  You can also bring claims against the owner and general contractor or construction manager of the job site under the New York Labor Law if you can show that these parties violated a portion of the law and caused your accident.

Product Liability Lawsuits

What caused your injury? Were you injured because you were using a product that turned out to be defective? If this is your case, your lawyer will bring a suit against any party that was part of the chain of distribution. A tool or other equipment that is used in a construction site may fail because it is defective. The injury may take place and the injured party may be able to recover compensation not only from the manufacturer but also from the wholesaler or anyone else involved in the distribution chain.

Wrongful Death Claims

In cases where workers lose their lives on the job, it falls to their families to bring a wrongful death claim on their behalf.

Some Construction Accident Statistics

  • Even non-fatal construction injuries cost companies millions of dollars every year
  • The Bureau of Labor Statistics indicates that, in 2018, construction related deaths accounted for 47% of all fatal work injuries
  • The construction industry is responsible for the most fatal falls (51% of all) in the United States
  • A construction worker with a long career (around 45 years) has a 1 in 200 chance of dying because of a work-related accident
  • OSHA has estimated that 10% of all construction workers are injured every year
  • Over half of serious injuries go unreported every year
  • More than 103 million production days in 2018 were lost due to work-related injuries according to the National Safety Council
  • More frequent and effective training, accompanied by regular inspections and periodic health and safety meetings with supervisors serve to lower costs, increased profits, and fewer lost-time injuries

Can anything be learned from these and other construction industry data?

No doubt about it, the construction industry carries many risks in Bronx, New York. However, if adequate safety and health protocols are implemented, if the equipment is inspected and updated frequently, and if actions are taken to eliminate hazards such as falling objects and electrocution, many unnecessary deaths can be prevented every year.

Workplace safety in the construction industry in the Bronx, New York should be regarded as a top priority. All construction workers should attend regular training and safety meetings, no matter how many years they have been doing this type of work.

If you work in the construction industry in Bronx, New York, or are contemplating a job in construction, you should request adequate and frequent training programs from your employers. Also, you should fall into the habit of wearing safety gear every day and taking all the safety measures to ensure you do not become just one more construction accident statistic.

Talk to a Construction Accident Lawyer Today

If you have suffered an injury in a construction accident 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 and 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 us to receive your free consultation.