Failure to Provide Proper Safety Equipment
The construction industry accounts for about one in five of all reported on-the-job fatalities across the U.S. each year. A disproportionately high number of catastrophic work-related injuries also occur on construction sites, many resulting from a failure to provide proper safety equipment. A look at data compiled by the Occupational Safety and Health Administration (OSHA) is illustrative. Of the top 10 most frequently cited safety violations last year, at least three were directly related to issues prevalent in the construction industry: scaffolding, fall protection, and ladder issues. If you or a loved one has been hurt on a construction site, the Bronx construction accident lawyers at the Jesse Minc Law Group are here to help.
Workplace accidents due to a failure to provide proper safety equipment can occur in several different ways. There are some egregious instances in which a worker is not provided with any safety equipment at all, even for a very dangerous job. Deaths and injuries can also happen when safety equipment is provided, but that equipment is defective or not sufficient or appropriate for the task at hand. For example, a worker may be supplied with a ladder that is not designed for someone of the worker’s weight or not suitable or safe to be used at the height needed by a person performing a certain task. Ladder falls can also occur in the Bronx and elsewhere when a worker is not properly trained in safety procedures.
In recognition of these especially dangerous workplace hazards faced by construction workers across New York State, the New York State Legislature has passed a series of important laws that incorporate special protection for workers on construction sites throughout New York City and the Bronx by placing the onus for providing appropriate safety equipment on owners and general contractors at construction sites. The Legislature has recognized that owners and general contractors – those in charge on the job site – are in the best position to ensure that workers are provided with the appropriate safety devices, and also recognizing that workers are often not in a position to do so for fear of losing their job. The most important two of these special protections include Sections 240 (also known as the “Scaffold Law”) and 241(6) of the New York Labor Law. Our construction accident lawyers have recovered millions for construction workers who have been injured due to having been deprived of proper safety equipment, and will explain how we may be able to do the same for you if you contact us today at (718) 354-8000.Seek Fair Compensation for an Injury Caused by a Failure to Provide Safety Equipment
Safety equipment is extremely important to people who make their living as construction workers. Unfortunately, many employers, subcontractors, and general contractors fail to provide the proper equipment for people whose safety and livelihood depend upon it. While it is true that some types of safety equipment may be expensive, cumbersome, or inconvenient, there is no excuse for entities in charge of a job site to fail to provide certain equipment required by law. For example, basic safety glasses, hearing protection, and hard hats can prevent many injuries - if available and used properly. However, some employers refuse to provide personal protective equipment (PPE) even when the cost is negligible, or provide old and defective equipment which does not keep the employee safe. When our firm accepts a Bronx construction accident case involving a failure to provide the proper safety equipment, we hire top construction safety experts and engineers to provide opinions regarding both the adequacy of the safety equipment that was provided, and what additional safety equipment should have been provided to prevent the accident. We stop at nothing to ensure that all of our clients’ cases are proven properly and have the best possible chance of success at trial because we believe that they deserve nothing less in their fight for compensation if they are injured, and will do the same for you if we accept your construction accident case.
As mentioned above, the laws of the State of New York provide some relief for people injured on construction sites, and are generally written with worker safety in mind. However, the law is complicated and nuanced, and top legal talent such as that of our team of expert construction accident lawyers is still required to make sure that these laws are properly applied, and the proper facts elicited in discovery, so as to give an injured worker the best possible chance of success in court. In addition to workers’ compensation benefits (such as paid medical care and partial reimbursement of lost wages through temporary total disability benefits), construction workers can use New York Labor Law Sections 240 and 241(6) to obtain money damages and compensation beyond what is offered under the workers’ compensation system. These laws provide additional protections for construction workers, especially when they are working at a height or elevation or when they are injured because they were not provided with the safety equipment that they needed in order to safely complete their work. Lawsuits brought under these statutes are not subject to the same payout limitations and compensation caps that a worker can sometimes face in a workers’ compensation case. Thus, an injured construction worker should promptly contact an experienced attorney about the possibility of pursuing damages for lost wages and benefits, past and future medical expenses, and pain and suffering under the provisions of the Labor Law.Contact Our Construction Accident Lawyers Today To Get Justice For Your Injuries
If you have been hurt or have lost a loved one because of a construction site accident caused by a failure to provide proper safety equipment, the construction injury attorneys at Jesse Minc Law Group will put our expertise and intimate knowledge of the construction accident laws, coupled with substantial financial resources and networks of construction accident industry and medical experts to give you the best possible chance of success if you are injured. We represent injured workers and families who have lost loved ones throughout New York City, including in the Bronx, Brooklyn, Queens, Manhattan, and Nassau, Suffolk, and Westchester Counties. We offer a free, no-obligation case evaluation. Call us at (718) 354-8000 or contact us online and set up your appointment. We have successfully won millions for injured clients in all types of cases involving accidents on construction sites, including trip and falls or incidents involving falling objects.