Construction Workers Have Many Legal Options

After a construction accident, workers need financial compensation that can help with their medical bills, lost income when they cannot return to work, and more. Unfortunately, the laws that are designed to protect construction workers are very complex and not everyone understands the legal options available.

Many construction workers think the only way to recover compensation is through a workers’ compensation claim. While these benefits are valuable, it is also sometimes possible to file a third-party injury claim. To do this, the liable party must be a third party, as the name implies, meaning they must not be associated with the worker’s employer. For example, if a construction worker was hurt by a defective piece of equipment, the victim can file a third-party claim against the manufacturer.

Third-party claims often hold many benefits for construction workers. One of these is that while workers’ compensation only provides benefits for medical expenses and lost income, an injury claim can compensate workers for these as well as other losses, such as pain and suffering.

Types of Construction Accidents in the Bronx

Our experienced Bronx construction accident lawyers handle many types of construction accident cases, including but not limited to:

• Falls from scaffolding
• Falls from roofs and ladders
• Falling debris and other objects
• Malfunctioning equipment
• Dangerous tools and machinery
• Crane accidents
• Nail gun accidents
• Forklift accidents
• Excavating accidents
• Welding and brazing accidents
• Electric shocks and electrocution
• Explosions and fires
• Toxic chemical exposure

While these types of construction accidents are very common, they do not minimize the right of construction workers and innocent bystanders to claim the full compensation they deserve.

Common Causes of Construction Accidents in the Bronx

The main cause of construction accidents is negligence. This means that most accidents, and the injuries that result from them, are the result of another person’s carelessness. Unfortunately, there are many common types of negligence that result in accidents on construction sites, including:

• Lack of proper protective gear
• Failure to properly install or secure scaffolding
• Equipment, machinery, and tools that are not properly maintained
• Improper training for workers that handle complex equipment and heavy machinery
• Defective equipment and machinery on work sites
• Lack of proper supervision
• Failure to communicate

New York has many laws that govern construction sites to ensure the safety of all workers and individuals that are nearby. If you can identify and prove the cause of the accident, it can greatly impact the types of damages available in your case.

Common Injuries Sustained During Construction Accidents

The injuries sustained during a construction accident are some of the most severe a person could endure. The most common injuries include:

• Crushing injuries
• Damage to the spinal cord
• Traumatic brain injuries
• Amputations
• Paralysis
• Burns
• Neck and head injuries
• Broken bones

Tragically, sometimes a construction accident is so serious the victim does not survive and it results in a wrongful death. Even when the victim does survive these serious accidents, their life is often permanently altered. After a construction accident, you may not be able to participate in the activities you once enjoyed, and you may not be capable of returning to construction work in the future. A knowledgeable construction accident attorney can help you recover the damages you need for these losses.

Scaffolding Law in the Bronx

Section 240 of New York’s Labor Law outlines specific rules for the use of scaffolding on construction sites. Some of the most important provisions of the law are as follows:

• Scaffolding that is installed 20 feet or more off of the ground must have a safety rail that is a minimum of 34 inches high. The safety rail must be made of an appropriate material and cover all sides and ends of the scaffolding.
• Safety rails can have openings, but they can only be as large as necessary to deliver the necessary materials.
• All scaffolding must be able to bear four times the maximum weight allowed.
• All scaffolding must be secured properly to avoid the scaffolding from moving away from the structure or building.

Any time contractors or construction site owners do not comply with the law and an accident occurs as a result, they can be held strictly liable. This means that injured workers do not have to prove the liable party was negligent. They must only prove that there was a violation of the law and that an accident occurred as a result.

General Duty of Contractors and Owners

The scaffolding law in New York is not the only law that protects workers on construction sites. Under Section 200 of New York’s Labor Code, contractors and construction site owners also have a general duty to provide safe working conditions. This means contractors and owners must provide proper safety gear for workers and ensure the machinery and other equipment on the site is safe to use.

Any time there is a hazardous condition on construction sites that puts workers at risk, contractors and owners must fix the dangerous condition or warn workers of the dangerous condition that is not yet repaired.

Get Legal Help Today

If you or a loved one was hurt on or near a construction site, it is imperative that you speak to an experienced Bronx construction accident lawyer today. At Silberstein & Miklos, P.C., our knowledgeable attorneys know just how devastating construction injuries are, and we know how to hold liable parties accountable for paying the maximum damages you deserve. Contact us today to schedule a free consultation.