Construction & Work Accidents
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Construction Injury Lawyers Serving New York City
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Construction sites are among the most dangerous of all environments in which to work. Heavy equipment, scaffolding, power tools and machinery, and a constantly changing environment can all be involved in the causes of construction site accidents.
These accidents can result in serious injuries, including:
- Traumatic brain injuries
- Broken bones
- Severe burns
- Electrocutions
- Internal injuries
These injuries can put workers in emergency rooms, hospitals, doctor offices and out of work for weeks, months, or more. In the worst cases, individuals die from these accidents, leaving behind grieving families who must face the future without the affection and companionship as well as the earnings of their loved ones.
Arrange for a free consultation directly with a New York construction accident attorney at Dansker & Aspromonte Associates LLP by contacting us online or at (212) 732-2929.
Construction Accident Statistics
Due to the dangers of construction sites, many different types of accidents and injuries or fatalities can occur. According to a news release by the Bureau of Labor Statistics, 5,190 individuals were killed while on the job in 2021. Construction jobs made up the second highest category of occupational deaths, totaling 951 on-the-job deaths in 2021.
Construction Accident Cases We Handle
OSHA’s job is to reduce injuries and death through its safety standards. It reports the 10 most frequently violated safety areas leading to workplace accidents.
Among these are included:
- Fall protection
- Scaffolding
- Powered industrial trucks
- Ladders
- Fall protection training
- Machinery and machine guarding
At Dansker & Aspromonte Associates LLP, we handle construction accident injury cases related to the above as well as the following:
- Explosions
- Falling objects
- Crushing accidents
- Truck and vehicle car accidents
- Trench accidents
- Unsafe and heavy equipment
- Accidents related to inadequate safety equipment, such as respiratory, face, head, and eye protection
- Crane accidents
- Forklift accidents
- Electrocutions
- Welding accidents
- Building collapse
- Building collapse
Even if you’re not sure if your case merits legal action, you can share your situation with an attorney from our office who can provide advice and guidance based on your specifics.
Common Causes of Construction Accidents
Construction accidents can result from a combination of various factors, both human and environmental. Understanding these factors can help in preventing accidents and ensuring safer work environments.
Some common contributing factors include:
- Human Error: Mistakes made by workers, supervisors, or managers due to negligence, lack of training, fatigue, or distraction can lead to accidents. Examples include operating machinery improperly, not following safety procedures, or disregarding warning signs.
- Lack of Training: Inadequate training or improper training can leave workers unaware of safety protocols, correct equipment usage, or hazard recognition, increasing the likelihood of accidents.
- Poor Communication: Miscommunication or lack of effective communication among workers, between workers and supervisors, or between different contractors on a site can lead to confusion about tasks, responsibilities, or safety precautions.
- Unsafe Work Practices: Cutting corners to save time or effort, bypassing safety protocols, or not using personal protective equipment (PPE) correctly can significantly increase the risk of accidents.
- Fatigue: Long hours, overtime, or consecutive shifts without sufficient rest can impair judgment, slow reaction times, and increase the likelihood of errors, leading to accidents.
- Equipment Malfunction or Failure: Mechanical failure or malfunction of construction equipment, tools, or machinery can result from poor maintenance, faulty parts, or improper usage, leading to accidents and injuries.
- Hazardous Working Conditions: Working in extreme weather conditions, working at heights, exposure to hazardous materials, or inadequate lighting can increase the risk of accidents if appropriate safety measures are not implemented.
- Lack of Supervision: Inadequate supervision or failure to monitor work activities can result in workers taking unsafe shortcuts or engaging in risky behaviors without oversight.
- Inadequate Planning and Risk Assessment: Failing to identify and mitigate potential hazards before commencing work can increase the likelihood of accidents occurring during construction activities.
- Subcontractor Coordination Issues: Lack of coordination and communication among subcontractors or between subcontractors and the main contractor can lead to conflicts, delays, and unsafe work practices.
- Pressure to Meet Deadlines: Tight project schedules or financial constraints can lead to rushing work, cutting corners, or overlooking safety protocols to meet deadlines, increasing the risk of accidents.
- Inadequate Safety Regulations and Enforcement: Weak or poorly enforced safety regulations, inadequate oversight by regulatory bodies, or insufficient penalties for non-compliance can contribute to a culture where safety is not prioritized, increasing the likelihood of accidents.
New York Construction Accident Laws
The law in New York State protects workers on construction sites. In many cases, the Labor Law places strict liability on the general contractor and site owner. That means that construction project owners, landlords, general contractors, and their agents are considered absolutely at fault for construction accidents caused by safety violations.
New York Labor Law Section 241
Under New York Labor Law Section 241, these individuals have a duty to all persons working in and upon the building and premises to construct, equip, arrange, operate, and conduct the work in such a manner to provide reasonable and adequate protection to the lives, health, and safety of all persons employed or lawfully frequenting such places.
Construction Safety Precautions
They must also place, operate, guard, and light all machinery, equipment, and devices to provide reasonable and adequate safety protections. Such protections must be in place during all phases of construction jobs, including demolition, erection, repair, painting, cleaning, and any other operations.
Reasonable protections are expected to be provided for workers using equipment such as:
- Ladders
- Stays
- Hangers
- Pulleys
- Ropes
- Hoists
- Slings
- Blocks
- Braces
Contractors and owners must also comply with all the rules contained in the New York State Industrial Code, such as keeping the workplace clean and free of debris and keeping all safety devices in sound operating condition.
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Unfortunately, based on your query, we are unable to assist you at this time. Our firm specializes in serious accidents and negligence cases, such as car accidents, slips and falls, construction accidents, and other accidents that require hospitalization or ongoing treatment.
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Liability in Construction Site Accidents
Construction sites have many moving parts and individuals who are involved with the job. Here are some parties that might be held liable for a construction site accident:
- Employers/Contractors: The primary responsibility for ensuring a safe work environment typically lies with the employer or contractor overseeing the construction project. They are obligated to provide a safe workplace, proper training, adequate supervision, and necessary safety equipment. Failure to fulfill these obligations can result in liability for accidents that occur on the site.
- Subcontractors: Subcontractors hired to perform specific tasks on a construction site may also be held liable for accidents resulting from their negligence or failure to adhere to safety regulations. However, the extent of their liability may depend on the terms of their contract and the degree of control they have over the work environment.
- Property Owners: In cases where the property owner is directly involved in the construction project or retains control over certain aspects of the site, they may share liability for accidents that occur due to hazards or unsafe conditions on the property.
- Design Professionals: Architects, engineers, or other design professionals involved in the planning and design of the construction project may be held liable if design defects or errors contribute to an accident or injury on the site.
- Manufacturers and Suppliers: Manufacturers or suppliers of construction equipment, machinery, or materials may be held liable for accidents resulting from defects in their products, inadequate warnings, or failure to provide proper instructions for safe use.
- Government Entities: In some cases, government agencies responsible for regulating workplace safety or overseeing construction projects may be held liable if they fail to enforce applicable safety regulations or provide adequate oversight, leading to accidents.
- Third Parties: Parties not directly involved in the construction project, such as pedestrians, neighboring property owners, or utility companies, may also be held liable if their actions or negligence contribute to an accident on the construction site.
How Dansker & Aspromonte Associates LLP Can Help
At Dansker & Aspromonte Associates LLP, we are deeply familiar with the consequences that a construction site accident can have on workers and their families. That is why we work tirelessly to fight for the compensation you need from all available sources that contributed to or caused your injuries.
When you come to our firm, you can rely on our proven experience, negotiation and trial skills, and the genuine care and support we provide. Our firm has been serving the needs of New Yorkers since 1986 leading to millions of dollars recovered on behalf of our injury clients.
Call Dansker & Aspromonte Associates LLP at (212) 732-2929 today or contact us online to book your free consultation with a New York construction accident attorney today.
Why Hire a New York Construction Accident Lawyer?
Working with an attorney from our firm can benefit anyone who has been injured in a construction accident. This is especially true if you are unsure about who is liable for your injuries, you have a particularly complicated case, and when you do not want to deal with unfair insurance tactics on your own. Regarding the latter, bear in mind that insurance company representatives do not work for you but for their employers and will commonly offer you quick settlements at far less than your case is worth to close their files and ensure the continued profitability of the company.
At Dansker & Aspromonte Associates LLP, we work exclusively for you and your best interests. We do that by:
- Gathering compelling evidence to prove liability and your losses. This can include witness testimony, medical records, statements from doctors and other experts, and more, all to prove the value of your case.
- Negotiating with insurance companies. We prepare all cases for trial, putting you in the strongest legal position for an optimum outcome. Our team is composed of skilled negotiators who won’t back down from insurance company efforts to reduce your claim.
- Litigating on your behalf in court. It can be tricky to know when it’s time to go to court or when you are eligible to do so. However, we can advise you and handle the proceedings when negotiations fail to yield a fair settlement, filing a civil lawsuit backed up by our extensive case preparation and proven trial skills.
Only you can determine if seeking representation is right for your case. When doing so, know that we bring decades of experience in civil court to seek the best possible results for you.
Recoverable Damages in a Third-Party Claims
Every personal injury case is different, based on the type of accident, the extent of your injuries, and other relevant facts. However, available damages in a third-party injury claim may include:
- Pain and suffering: If your injuries substantially affected your life, both physically and emotionally
- Medical bills: If you had to receive testing and treatments to heal from your injuries, including emergency care, surgery, physical therapy, hospitalizations, and more
- Lost wages: If your injuries affected your ability to go back to work after the accident
- Future lost income: If your injuries will go on to reduce your earnings in the future
- Wrongful death damages: If you are seeking compensation after a loved one’s passing
In general, the more severe your injuries were and the higher the cost of your medical care, the more we can seek through a third-party claim or lawsuit. However, your injuries do not have to be catastrophic to seek compensation.
We can determine the merits of your case after discussing the details with you in a free consultation.
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