Construction Accident Lawyer in New York
The construction industry is one of America’s biggest sectors, employing approximately 5.6 million people across the country on residential, commercial, heavy and civil engineering projects. Construction work requires the skills of architects, engineers, bricklayers and carpenters, as well as general operations managers and administrative staff. However, despite providing millions with steady and well paid work opportunities, it is also one of the most dangerous sectors to work in.
Figures from the Bureau of Labor Statistics puts fatalities in the construction industry at 817 in 2012, with non-fatal injuries and illnesses recorded at 3.7 per 100 workers. When accidents occur it is comforting to know that you may be able to claim compensation or benefits to cover your losses. Taking legal action when a construction site injury occurs can be daunting, which is why attorneys at The Perecman Firm are here to help. As experienced lawyers, we have assisted many workers make claims for damages following accidents while working on construction sites in New York.
Types of Construction Site Injuries
Those employed in the industry are very aware of the hazards construction sites present. These are dangerous places and there are many ways in which workers can be injured or even killed. Known as construction’s Fatal Four. a 2012 report from the OSHA listed these four accident types as the most common:
- Struck by falling objects
- Caught in or between objects
Often accidents can be attributed to employers failing to adhere to safety regulations, not providing the correct personal protection equipment to their workers or failing to put in place visible health and safety notices around the site. Workers can suffer accidents and injuries from other causes too, such as over-exerting themselves or through the repetitive stresses often placed on their bodies during the course of their work.
Your Rights Following an Accident
Whether you have been injured or you are the family of someone who was killed in a construction accident, you have several options when it comes to recovering compensation or benefits. These options include:
Workers Compensation Benefits:
If you have suffered on-the-job injuries then you
are entitled to these benefits. If a worker is injured on a New York construction site through the application of their daily work tasks then they are eligible to claim. Benefits are paid by the employer or through a workers compensation insurer and will include full coverage of medical costs along with compensation in part for lost wages. You may also receive disability benefits should you become disabled because of the accident.
You will be entitled to workers compensation benefits even if negligence, on yours or your employers part, was a factor in your accident. Because you are not usually allowed to sue your employers, this benefit provides the only means for injured workers to take action against them.
Scaffolding Injury Claims:
If your injuries were as a result of falling off scaffolding, New York provides special protections under Section 240 of the Labor Code. Under this code, liability for scaffolding accidents is strictly placed on employers and contractors. Section 240 does provide for a wider compensation to workers than is usually offered under many compensation claims; for example, you may be able to claim for losses relating to pain, suffering and emotional distress.
Third-Party Injury Claims:
Although it is not possible to sue your employers for injuries suffered at work, responsibility can be placed on third parties and you may be able to claim for injuries or death against them. This too, allows for a wider compensation than traditional compensation claims for work related accidents. You can file a third-party claim if it can be proven that their negligence or conduct was a contributing factor in causing your accident.
Why You Need Legal Representation
Accidents on construction sites can have life changing consequences, so it is important you seek the best legal advice when it comes to filing claims for compensation and benefits. In New York, attorneys at The Perecman Firm know how best to pursue your case and help secure the maximum award available. Whether you were the one who was injured or you have lost a loved one to a construction site accident, talking with one of our experienced attorneys will help you understand your options and move forward with your claim. Contact us today for a free consultation.