Construction has always been one of the most dangerous occupations in the United States, resulting in almost 20% of workplace fatalities and tens of thousands of injuries each year. In fact injuries and fatalities are so common on construction site, that the four most common types of injuries (falls, being struck by an object, electrocutions, and caught-in/betweens) have been dubbed the "Fatal Four".
While some people may feel that injuries and fatalities are just part of the construction industry, our Long Island personal injury law firm believes that anybody hurt on the job should be entitled to compensation. We are immensely experienced and familiar with two areas of construction law liability, Section 240 and 241, and can use those statutes to help you if you've been injured while working at a construction site.
After an accident has occurred, contact a team who will conduct a careful investigation into the incident to see if any areas of law to see which statutes apply so that we can best prepare you case going forward. Additionally, depending on your employee status we will be able to best assess who is liable for you workplace injury. Sometimes injured workers are able to recover losses from their employer, the construction property owner, and general or other subcontractors.
Unfortunately, each year many employees are injured during or killed while working. According to the Occupational Safety & Health Administration, there were 4,628 workers killed on the job during 2012. Thousands of workers are also injured annually. When work injuries occur, we are there to help the injured recover the compensation to which they are entitled.
Construction has long been one of the most dangerous occupations in the United States. In 2012, almost 20% of the private workplace fatalities were as the result of construction accidents.
In addition to construction fatalities, tens of thousands of construction workers are also injured each year as the result of the “Fatal Four” and other accidents. Construction accidents often involve soft tissue injuries (which frequently occur from lifting or straining to move heavy objects), cuts and lacerations, broken bones, burns, and traumatic amputations.
Call (631) 465-9797 to reach a Long Island persona injury firm that can help.
New York Labor Law Section 240 (Scaffolding and other devices for use of employees) and Section 241 (Construction, excavation and demolition work) impose a high degree of responsibility on owners and contractors for the safety of their employees. When these statutes are not complied with (such as the scaffolding requirements not being adhered to), these statutes impose virtually absolute liability on owners and contractors for the injuries and death that result.
As a result, these statutes can be extremely helpful in construction injury cases. In a scaffolding fall an injured employee does not necessarily need to prove that the owner or contractor did anything to directly cause the fall – if the scaffolding did not meet the standards required by Section 240, the owner and contractor may be liable. When construction accidents and injuries occur, we will want to conduct a careful investigation to see whether these and other applicable statutes had been complied with at the time the injury occurred.
While the construction industry can be particularly dangerous, the fact is that virtually all types of jobs have at least some element of risk. Factory jobs, particularly those involving dangerous machinery, also have a high incidence of injury, as do jobs involving the movement of heavy boxes and goods, such as longshoremen work.
When a worker is injured on the job in New York, there are a variety of laws and statutes that may govern recovery. Most important, as you proceed, is to get the support of a Long Island personal injury law firm. We can help you understand all of your options, and the types of liable parties.
In general, workers are entitled to a recovery against their employer under workers’ compensation statutes. Workers’ compensation statutes are “no fault” statutes, which means that the worker does not need to prove that the company did anything wrong in order to recover. Instead, they only need to show that they were injured on the job.
The amount of money that the worker is entitled to recover may be based upon the particular body part that was injured (such as a broken arm). In some types of injuries (such as “soft-tissue” injuries where the injury may not be as easy to see on an x-ray or to treat), a worker may be entitled to a recovery based upon the degree of impairment. In most cases, workers are not entitled to any separate recovery for pain and compensation other than what may already be included in the statutory recovery scheme.
In many workplace accidents, there are other companies who may be liable in addition to the worker’s employer. In construction accidents, an injured worker for a subcontractor may, in addition to recovering against his or her employer, also be entitled to bring a lawsuit against the property owner, the general contractor, and other subcontractors who may be at fault. In these cases, lawsuits against non-employers are not limited by workers’ compensation statutes; thus the injured workers is free to seek damages for pain and suffering against these defendants, as well as all other types of damages that have been sustained.
We are experienced in construction and other workplace accidents, and in helping workers recover from all those who may be liable. We engage in careful investigation of workplace accidents, and, if necessary, we can engage accident reconstructionists to help determine fault.
If you have been injured, please call our Long Island personal injury firm so that we may learn about your case. Once we know about the facts and circumstances, we can advise you regarding all of the parties and companies that we believe may have legal liability for your injuries and damages.
Our team has years of experiencing navigating construction accident cases, which gives us the knowledge necessary to help you fully recover your losses. When you work with us you'll be assigned a dedicated attorney and paralegal who will be constantly available to help you no matter your schedule. Don't let your employer prevent you from the compensation you deserve for the injuries you've suffered.
Call The Harrison Law Group, P.C. at 1-800-Injury-Law today and receive a free case evaluation!