Construction job sites are the most dangerous places to work in the U.S., so much so that New York enacted specific laws addressing safety precautions in the instructions. Workers can suffer severe and even life-threatening injuries on the job. If you sustained injuries on a construction site or lost a loved one in an accident, you may need the help of a Manhattan job site accident lawyer to access fair compensation for your losses.
Do You Need a Manhattan Job Site Accident Lawyer?
Sometimes compensation for a job site accident is easier to access, particularly for minor injuries. However, other times, it can be more complex and may require the help of an attorney. Some reasons you may need or want legal representation to handle your case include the following:
- They will help you file for workers’ comp assistance to access coverage for medical expenses and lost income.
- They help you understand the legal process and when you have the right to file a personal injury claim with your local civil court.
- They negotiate on your behalf with the insurance company and other parties involved.
- They will investigate the accident to collect evidence supporting your claim.
- They offer compassionate support as you go through a difficult time and aggressively protect your right to compensation.
Sometimes job site accident victims can access more recoverable damages than they know. An experienced attorney knows where to look for those damages and what evidence you need to prove your right to those damages.
Common Types of Job Site Accidents
A Manhattan job site accident lawyer works with victims who experience different types of accidents. How and why your accident occurred will impact the legal process. Understanding these common construction site accidents can help you build your claim and avoid potential risks in the future:
- Falls. NYC construction sites commonly expose workers to heights, increasing their risk for dangerous falls.
- Struck-by accidents. Most construction site accidents resulting in fatalities result from flying, falling, rolling or swinging objects hitting workers.
- Crushing incidents. Caught-between incidents occur when machines pull workers into compressive positions or severe cave-ins for trench work.
- Electrocutions. Faulty wiring, improper use of power cords, contact with power lines and use of damaged equipment or tools can cause permanently disabling injuries and fatalities.
- Vehicle accidents. Workers on road construction projects are always in danger of accidents involving vehicles. These commonly result in personal injury claims against the driver.
Trips, slips, fires and explosions are other concerns for job site workers. Frequent causes of these accidents include a lack of adequate protective equipment or supervision. Failed communication and poor training create hazards on construction sites and using defective equipment and machinery can result in various injuries.
Common Injuries From Job Site Accidents
In addition to crushing injuries, job site accidents can cause other severe injuries that may render a worker unable to work temporarily or permanently. Spinal cord damage and traumatic brain injuries are among the worst and commonly occur in fall and struck-by accidents. Electrocutions can result in death, burns and amputations, and falls can cause broken bones and head and neck injuries. These injuries can change the trajectory of someone’s life, significantly alternating their physical, financial and emotional well-being.
When you work with a Manhattan job site accident lawyer, they will evaluate the impact of your injuries or loss to determine how it will impact you in the long term. You deserve compensation for current and future losses. When someone else’s negligence or malicious intent is the cause, you may have the right to hold them accountable. Workers’ compensation protects employers from liability lawsuits. However, some cases involve a liable third party or may warrant a personal injury claim.
What Laws Apply to Construction Job Sites in New York?
Given the uniquely dangerous circumstances surrounding NYC construction work, the city enacted laws to govern some of the most hazardous conditions on job sites. Consider Sections 240 and 200 of the NYC Labor Code and how they may apply to your accident.
NYC Scaffolding Law
Section 240: NYC Scaffolding Law outlines strict rules for the use of scaffolding:
- Employers must adequately secure it to prevent swaying that can cause workers to fall.
- Installations over 20 feet off the ground must have a safety rail made of sturdy materials at least 34 inches high.
- Scaffolding construction must allow it to bear four times the maximum required weight.
- Safety railing must go all the way around the scaffolding, leaving only sufficient space to deliver necessary materials.
The law applies strict liability to scaffolding accidents. Therefore, if you suffer injuries from faulty scaffolding and your attorney can show a violation, you can pursue compensation for your losses.
Duty To Provide Safe Working Conditions
Section 200 covers the general duties of contractors and site owners. According to this law, they are responsible for providing reasonable safety protection for workers on the job site. This means providing tools and equipment deemed safe for use and committing to fixing any conditions that present avoidable danger to workers promptly. They must also warn workers of any hazardous conditions they need more time to fix.
Can You Recover Damages for a Job Site Accident?
Most injuries caused by job site accidents warrant a no-fault workers’ compensation claim. In addition to coverage for lost wages and medical expenses, it provides permanent disability and death benefits. However, there are downsides. For example, self-employed contract workers cannot access workers’ comp, and those who can sometimes need more coverage than it provides.
Damages From a Personal Injury Lawsuit
Personal injury claims are fault-based, and when available, it allows the injured worker to access types of damages not available through workers’ comp insurance. When you speak with a Manhattan job site accident lawyer, they will discuss the possibility of a lawsuit. Examples of recoverable damages include:
- The cost of all necessary current and future medical expenses, including ongoing physical or occupational therapy
- The total value of current and future lost wages
- Loss of earning capacity if your injuries result in a disability that hinders you from ever returning to the same job
- The cost of necessary replacement services, such as in-home care and transportation
Personal injury lawsuits also allow you to access non-economic damages to address the psychological impact of your claim. For example, you can recover compensation for pain and suffering, emotional trauma, loss of enjoyment for life and scarring or disfigurement. Your attorney will help you understand the value of these losses and how to assign reasonable monetary values to them. For example, they may multiply the total cost of medical expenses by a number representative of the severity of your injuries.
When Should You Contact a Manhattan Job Site Accident Lawyer?
If you suffered an injury on a job site, you may need an attorney to help you navigate the legal system. The sooner you speak with a legal representative, the faster you can start the process and secure a settlement for your losses. At Cellino Law, we understand the dangers of construction sites and how damaging these accidents can be for victims and their families. To help alleviate the financial burden, we charge no upfront fees for our services and only take payment when we win your case. Contact Cellino Law online or call (888) 888-8888 to schedule your free case evaluation with a Manhattan job site accident lawyer today.