Construction Accidents: Protecting Your Rights in NYC
New York City’s skyline is a testament to its thriving construction industry, with workers constantly busy building and repairing the city’s architecture. However, the relentless pace of New York’s construction industry doesn’t come without risks to workers, including falls from heights and injuries from defective equipment.
When you’re involved in an accident, you need to protect your health, your rights, and your finances. Working with a NYC construction accident lawyer can be vital to hold the negligent parties accountable and pursue the compensation you deserve.
Common Construction Accidents in New York City
Construction work in New York employs around half a million workers in some of the most dangerous jobs in the city. Workers tackle complex projects, often at dizzying heights and in all weathers. Common accidents on construction sites in NYC can include the following:
- Falls. Construction sites can be chaotic, cluttered, and full of tripping hazards. When workers fall from heights, such as scaffolding and roofs, catastrophic injuries and even fatalities may occur.
- Equipment Failure. Most construction projects in NYC involve heavy machinery, such as cranes and bulldozers. When machines malfunction or are unsafely operated, workers may suffer crushing injuries, amputations, and worse.
- Falling Objects. Falling objects can be a constant danger for workers on or near construction sites. Tools, debris, and construction materials dropping from above can cause serious injuries like concussions and fractures.
- Electrical Accidents. The Centers for Disease Control and Prevention (CDC) states that construction workers are roughly four times more likely to experience electrocution than workers in other industries. Electrocution, burns, and other injuries can result from contact with overhead power lines, unsafe wiring, or faulty electrical equipment.
- Exposure to Toxic Chemicals. Working in the construction industry can expose you to various toxins harmful to your health. Hazardous materials include solvents, paints, insulation materials, asbestos, and lead.
- Trench Collapses. Working in unsecured trenches can be deadly for construction workers, who may be buried and crushed under heavy soil. Reasons for trench accidents can include failing to install trench boxes, unstable soil, and caving walls due to water intrusion.
While NYC regulations are designed to protect workers on construction sites, some developers and contractors put profits before the safety of their workers. When the worst happens, and a worker is severely injured or dies, individuals and families have little leverage against big corporations. This is when our New York construction accident attorneys can step in and fight for the compensation and justice you deserve.
Your Workers’ Rights in a NYC Construction Accident
If you were injured on a construction site in New York City, you could have several options to get the healthcare benefits, income replacement, and compensation you deserve. Here’s what to know:
New York Workers’ Compensation
New York’s workers’ compensation is a no-fault system designed to provide those injured at work with benefits such as medical care, lost wages, and disability payments. However, while workers’ comp covers your medical bills and some of your lost wages, it doesn’t compensate for damages like pain and suffering.
Your Right to Sue for Negligence in New York
Workers can sometimes file personal injury lawsuits to seek additional compensation, such as pain and suffering damages. Suing is an option when a third party, like a property owner, contractor, or equipment manufacturer, causes your construction accident and injuries. However, you generally can’t sue an employer for damages unless in specific circumstances.
Protections Under New York Labor Laws
In addition to federal laws, New York State laws also offer protections for construction workers. For example, New York Labor Law § 241(6) requires that construction sites comply with stringent safety regulations. If a property owner or contractor violated such safety regulations, you could hold them accountable for your damages.
Understanding workers’ rights in a NYC construction accident and the applicable laws can be confusing but is critical for your compensation claim. Don’t miss out on compensation and benefits, and consult a NYC construction accident lawyer as soon as possible after your accident and injury.
What to Do When Injured in a NYC Construction Accident
When you’re injured on a construction site in NYC, it’s best to act promptly to protect your health and legal rights. Here are the steps to take:
- Report the Accident. Notify your supervisor or employer immediately. Reporting your accident creates an official record of the incident, which is essential for filing a workers’ compensation claim or lawsuit. Explain what happened in detail, including the time, location, and accident cause.
- Seek Medical Help. Even if you feel fine after the accident or your injuries seem minor, get a medical check-up as soon as possible. Prompt diagnosis and treatment can be crucial for injuries that aren’t immediately obvious, such as a traumatic brain injury. Seeking medical advice also documents the extent of your injuries.
- Gather Evidence. If possible, document your accident by collecting evidence from the scene. Take photos or videos of unsafe conditions or other potential labor law violations contributing to your injury. Ask witnesses for their contact information, as their statements can support your claim.
- Contact a New York Construction Accident Attorney. An experienced attorney can evaluate your case and help you navigate a workers’ compensation claim or a lawsuit. They can work tirelessly to secure compensation for your medical bills, lost wages, and other damages.
Compensation Available for NYC Construction Accident Victims
In a construction accident in NYC, most workers’ rights include access to workers’ comp benefits, including medical expenses, partial income replacement, and even vocational assistance. In addition, if you qualify for a personal injury lawsuit, you could recover numerous other damages:
- Economic Damages. In a lawsuit, injured workers may recover economic damages not covered by workers’ compensation, including certain medical expenses, lost future earnings, and others.
- Non-Economic Damages. Non-economic damages in a personal injury lawsuit can include pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages. A court may award punitive damages if an employer or third party was grossly negligent or reckless in causing your work accident.
Depending on the circumstances of your construction accident, you could qualify for additional damages. A NYC construction accident lawyer at Berkowitz & Weitz Law, P.C. can determine the worth of your case.
Why Choose Our NYC Construction Accident Lawyers?
At Berkowitz & Weitz Law, P.C., we understand the emotional, physical, and financial implications injured construction workers face. We are dedicated to protecting your rights and helping you and your family move forward during this challenging time.
Our attorneys have a proven track record of securing multi-million-dollar settlements and verdicts for injured individuals, including construction workers. Contact us today for a free consultation to find out how we can help.