Types of Injuries in Construction Accidents
Construction sites can be very dangerous. Construction workers frequently need to use powerful machinery that may not be properly maintained, work on the side of the road without proper warnings, or climb to significant heights. They face the possibility of getting seriously injured. The types of injuries in construction accidents in New York City are widely varying. If you have been injured in a construction accident, you may have a basis to file a lawsuit and recover damages. At Newman, Anzalone & Newman, LLP, our New York City construction accident lawyers may be able to represent you.Common Types of Injuries in Construction Accidents
The Occupational Safety & Health Administration (OSHA) has identified a number of reasons for injuries on construction sites. These include electric shock, trench collapse, collapsed scaffolding, falling from heights, failing to use appropriate protective gear, and repetitive motion injuries. These are leading causes of injuries, but there are also others, such as malfunctioning tools, worker error, traffic accidents, and collapsing structures.
Common injuries associated with these different kinds of accidents include burns, eye injuries, broken bones, electrocution, spinal cord injuries, head injuries, and toxic chemical exposure illnesses. In some cases, these injuries to a construction worker are fatal, and in other cases, a construction worker lives but has a very different life than the one that they had before. While there have been advances in technology to help people with serious injuries and disabilities, the quality of life may be extremely different and also expensive.
Often, a worker is limited with regard to their employer to recovering workers' compensation benefits in connection with a construction accident. However, workers' compensation benefits may not be enough to fully cover the serious injuries that happen on the job at a construction site, such as paraplegia, traumatic brain injuries, or certain asbestos diseases. Additionally, there may be multiple parties on the site, in addition to the worker's employer, whose actions may be the cause of injuries.
Generally, a worker may be able to sue a third-party contractor or subcontractor for injuries arising out of hazardous conditions that caused the worker's injury if the third party had control of the condition and knew or should have known that it was dangerous. Usually, if your attorney recovers damages through a third-party claim, you will need to pay back that amount in workers' compensation.
New York Labor Law 240 provides protection for construction workers who do work that is necessary or incidental to the erection or repair of a building, and who do so at high elevations. They are entitled to specific safety devices and provisions. If you do not receive the appropriate safety devices and provisions and suffer a fall-related injury, you may be able to recover damages from an owner or contractor responsible for supervising and providing those devices. The owner or contractor can only avoid liability by showing that you were 100% responsible for the accident. For example, if you fall from second-story scaffolding due to a contractor's failure to provide you with a working safety harness, and you break your back and suffer paralysis, you may be able to recover damages under Labor Law 240. Labor Law 241 provides for liability when a contractor or others violate specified safety codes at a construction site, and this violation causes your injuries. The violation itself establishes fault, and you do not need to show the defendant's carelessness.
Assuming that you can establish liability, the types of injuries that you suffer may determine the scope of the damages. There are certain types of injuries, such as paralysis and brain damage, that can result in a need for lifelong care or nursing. Sometimes it is necessary for a former construction worker to install certain things in their house to make it possible to get around the house or conduct daily living tasks. For example, it may be necessary to install wheelchair ramps. It may also be important to hire someone to do household services that you were able to do on your own prior to the accident.Get Assistance from a Construction Injury Lawyer in New York City
Many types of injuries in construction accidents in New York City can be catastrophic. It is crucial to secure knowledgeable legal representation. Newman, Anzalone & Newman, LLP provides strong, effective legal representation in construction accident lawsuits. Our attorneys represent people in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Call us at 718-896-2700 or complete our online form.