What Types of Construction Accidents can cause personal injury?
There are many types of construction accidents that can cause personal injury. Construction work and construction sites are inherently dangerous, and unfortunately, property owners and contractors prioritize profits over safety all too often. Consequently, construction accidents resulting in severe injuries of various types might occur:
- Welding accidents
- Cutting accidents
- Nail gun accidents
- Forklift accidents
- Falling objects
- Ladder accidents
- Scaffolding accidents
- Building collapse
- Structure failure
- Crane accidents
- Defective or unsafe equipment accidents
- Dumpster accidents
- Electrical accidents
- Elevator accidents
- Compressor accidents
- Gas explosions
- Punch press malfunctions
What protection does New York Labor Law afford to construction employees in the Bronx?
The main laws that apply to construction accidents in New York resulting in personal injury are New York Labor Law 200, New York Labor Law 240(1) and New York Labor Law 241(6). These laws state that construction employees are entitled to safe environment, conditions and equipment as defined by regulation. These laws also specify that in the event of a construction accident in the Bronx caused by any negligence or failure to abide by regulations, Bronx construction employees have the right to take legal action against the employer, contractor and property owner, and can seek full compensation for their injuries.
Does the New York Labor Law 240 also protect visitors to construction sites?
Yes. New York Labor Law 240 protect visitors to construction sites. In fact, New York Labor Law 240 protects any person injured who was legally frequenting a construction site and provide him the right to sue for compensation from the property owner or contractor, provided that the personal injury was due to negligence or failure to abide by regulations on the part of owner or contractor and which caused the construction accident.
How Do I know if my employer or property owner were negligent or violated regulations?
In order to know if your employer or property owner were negligent or violated regulations you should consult with a Bronx construction accident law firm. A Bronx construction accident attorney can assess the circumstances of your construction accidents and personal injury in light of laws and regulations in the Bronx and will help determine whether a court of law is likely to rule that negligence or failure to abide by regulation on the part of your employer or property owner have caused the construction accident and your personal injury. A brief explanation of the relevant New York Labor Law 240(1), 240(6) and 200.
What is New York Labor Law § 200?
New York Labor Law § 200 requires contractors and property owners in the Bronx to make all workplaces under their control reasonably safe for Bronx construction workers to operate in and for others to visit. The law states that worksite must be: “constructed, equipped, arranged, operated, and conducted as to provide reasonable and adequate protection to the lives, health, and safety of all persons employed therein or lawfully frequenting such places. All machinery, equipment, and devices in such places shall be so placed, operated, guarded, and lighted as to provide reasonable and adequate protection to all such persons.” This law also enforces building codes for all construction site sanitation and health facilities, exits, elevators and escalators, fire suppression systems, and industrial radiation protection.
What types of accidents does Labor Law § 200 cover?
Various types of accidents, such as: Crane accidents, forklift accidents, electrical accidents, elevator accidents, gas explosions, fires, and more.
What is New York labor law § 240?
NY Labor Law § 240 specifically addresses a common type of construction accidents – falling accidents – and is thus known as New York’s “Scaffolding Law”. This law is intended to protect construction workers, contractors and similar employees from falls and falling objects.
NY Labor Law § 240 provides specific regulations regarding scaffolding. Essentially, any scaffolding erected more than 20 feet from the ground (except those erected indoors and covering the entire floor space therein) must:
- Include safety rails or suitable material secured at least 34 inches above the floor or main sections of the scaffolding and along the entire length of the outside and ends of the scaffolding, minus openings for the delivery of materials.
- Be secured in a manner such as it does not swing or sway away from the building or structure.
- Be able to bear four times the maximum weight required to be dependent therefrom or placed thereon when in use.
What types of accidents does Labor Law § 240 cover?
- Injury due to a fall: This law states that all contractors must erect, or cause to be erected: “scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices” in order to give proper protection to employees. Failure to do so could result in a serious accident and catastrophic injury. Consequently, if injured in a falling accident due to unsafely erected objects, you will likely be able to file a construction accident claim for compensation under this law.
- Injury due to a falling Object: In some cases, you may also be able to sue if you were injured by a falling object because of improper scaffolding or unsafely installed equipment of the types listed above. For example, if a scaffold collapsed above you, or a piece of scaffolding fell and caused you injury, or if an object fell off the scaffolding due to improper railing you would be entitled to file such a claim.
What is NY Labor Law § 241?
New York Labor Law § 241 refers particularly to construction sites in which excavation, demolition or similar works are taking place, and seeks to assure that these environments are nonetheless safe for construction workers to operate in and for others to frequent. New York Labor Law § 241 determines that:
“All areas in which construction, excavation or demolition work in being performed shall be constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places.” This law also requires contractors and owners to abide by the commissioner’s rules and regulations.
Where are New York Industrial Codes’ Construction Rules and Regulations referred to in Labor Law § 240 specified?
Construction rules and regulations made by the commissioner are found in New York’s Industrial Codes, Rules and Regulations (NYCRR) Part 23 of Title 12. These rules are regulations are extensive and are typically detailed and concrete. Thus, if violated, the contractor or property owners can be held liable for injuries caused.
So, in what conditions would a contractor or owner in the Bronx be liable for my construction accident and personal injury?
A contractor or property owner is liable in the following construction accident cases:
- Negligence: an accident that occurred under the contractor’s or property owner’s control or supervision.
- A violation of any rule or regulation that has led to an accident (in which case, injured party does not bear the burden of proof as to negligence on the part of contractor or owner).
What could be a potential obstacle to my Bronx Construction Accident Attorney when he pressures my claim for compensation?
In some cases, such as if your construction accident involved some negligence of on your side, the defense firm, which is the law firm hired by the insurance company may try to offer you little or no compensations and argue that your own actions contributed to the negligence and that you caused your personal injury on the construction site.
An experienced construction accident attorney in the Bronx will use legal strategies to maximize the chances of your claim and for high compensation.
What Overall Adverse Consequences to Injured Party Typically Result from Construction Accidents?
The overall consequences of a construction accident to the injured party are both short term and long term in nature, and usually involve damages to three important aspects of the injured party’s life: physical, financial, and psychological.
- Physically, construction accidents might unfortunately result in various injuries, some quite severe, such as:
- Traumatic brain injury (TBI)
- Bone fractures
- Knee and/or back injury
- Spinal cord injury
- Exposure to toxic substances
- In extreme cases: death
- Financially, even in relatively ‘minor’ construction accidents, during recovery from the accident, the injured party is likely to incur exorbitant medical bills while simultaneously suffering lost wages. More severe construction accident injuries often require decades of exceedingly expensive medical treatment, therapy, and rehabilitation. Furthermore, in catastrophic cases full recovery might never be guaranteed; If the construction accident results in a permanently debilitating condition, the injured party could lose the ability to collect wages altogether. In short, the consequences of a construction accident can be financially devastating.
- Psychologically, for the injured party, dealing with the results and consequences of the construction accident: the trauma, the altered physical condition, treatment and pains, the legal case, the stress related to financial expenses and to an uncertain future, is immensely taxing. It is a challenging burden that might require professional help to overcome.
Why is it important to assess all aspects of adverse consequences before suing for compensation in a construction accident?
Your construction accident claim should take into consideration all circumstances and consequences of your construction accident. Otherwise, you might get compensation but later incur expenses beyond the amount awarded to you. An experienced Construction Accident Lawyer Bronx NY can help you avoid such unwanted outcomes.
Is it essential that I Hire a Construction Accident Lawyer Bronx NY?
Yes. You should hire a Construction Accident Lawyer Bronx NY if you or a loved one were injured in a construction accident in the Bronx, NY or anywhere in NYC.
The adverse consequences of the personal injury in a construction site may exceed your initial expectations, and if mistakes in early reporting and handling of your construction accident are made, it may complicate your case. Furthermore, most employers take measures and obtain legal representation with the aim to minimize their liability in cases of construction accidents. Therefore, you will certainly need help recouping fair compensation. Contact a Bronx construction accident lawyer for assessment of your construction accident related personal injury claim and get the help you need to recover damages based on your injury.
What steps should I take following my construction accident injury?
If you or a loved one are a victim a construction accident which resulted in personal injury in the Bronx, we highly recommend that you:
- Seek medical attention immediately
- Contact a Construction Accident Lawyer Bronx NY
- Report your accident to your employer
- Seek compensation
How long do I have to file a lawsuit for compensation in a construction accident case?
As per the statute of limitations for bodily injury in NY State, a construction accident lawsuit must be filed within three years from the date of the. If your legal rights are not claimed within three years, you may lose the right for compensation in a construction accident. Therefore, it is recommended that you turn to a Construction Accident Lawyer Bronx NY for consultation at your earliest convenience. A Bronx construction accident attorney will be able to provide guidance as to reporting the incident to relevant entities (your employer, OSHA), assess your case and represent you in your claim for compensation.