Do You Need a Construction Accident Lawyer?

New York construction accident scaffoldingEvery day, workers face dangers while working around and on scaffolding, climbing ladders, handling power tools, trenches, forklifts, power conveyors, cranes and other dangerous equipment. Even with state and federally mandated safety rules in place, accidents frequently cause serious injury and death.

construction site scaffoldingWhen faulty scaffolding collapses, a worker can suffer broken bones, back injuries, brain injuries that may cause paralysis, and other serious injuries. When ladders are unsecured or collapse, a healthy worker’s life can change forever. Explosions, tool malfunctions, cave-ins and accidents during demolition operations can lead to disfigurement, long-term medical conditions that require extensive treatment, or permanent disability that leaves a worker bed-ridden for life.

New York construction accident lawyerAny accident case should be investigated by an attorney knowledgeable about the industry. At Hecht Kleeger & Damashek, P.C., we have extensive knowledge and experience in all types of accidents, as well as with New York State labor law.

Jobsite Injuries

In New York City in 2012, workers had the second highest number of workplace fatalities after the trade, transportation, and utilities sector, according to the U.S. Bureau of Labor Statistics. The leading causes of worker deaths were falls, slips and trips, followed by contact with (being hit by or slammed into) objects and equipment.

Across New York State in 2012, there were 9,100 nonfatal workplace injuries in the construction industry, with 5,200 of these resulting in days away from work. In 400 cases, the worker had to accept a job transfer or restricted duty upon return to work because of a disabling condition.

Why You Need A Construction Accident Lawyer

Those who work in the construction industry in New York are protected from dangerous or unsafe working conditions under New York Labor Law sections 200, 240 and 241. For example, New York Labor Law section 240 provides special protection for workers who have fallen victim to what are termed “gravity-related mishaps.” These are cases in which a fall occurs through an unguarded floor opening, ladder or scaffolding. It can also be applied in cases in which a worker is injured by falling debris, tools or other items.

Our team can evaluate your case to determine how to proceed in seeking compensation for the injuries and other damages you have suffered. Some of the different cases we can handle include:

Multi-Party Liability

In most cases, an accident that occurred in connection with the performance of their job duties will be eligible for workers’ compensation benefits. The family of a worker who dies in a job-related site accident is also likely to qualify for workers’ compensation death benefits. What some injured workers and surviving family members don’t realize is that others parties may also have contributed to the accident and be liable for their injuries and other losses.

Workers’ compensation rules prohibit employees from suing their employers for any role they may have had in an occupational accident. But others who are not an injured worker’s employer may be held liable if their negligence caused or contributed to an accident.

Such “third-party” lawsuits may seek damages from:

  • Contractors / Vendors.
    new construction site in New York
    Many tasks on a site are contracted out to independent companies, including cases in which overall responsibility for a jobsite is under an independent site manager. Contractors may be hired to erect scaffolding or to provide transportation services at a large site, for example. If a contractor was negligent in erecting scaffolding that collapsed or failed to properly service a vehicle that malfunctioned, the contractor may be held liable for injuries suffered by workers at the site who they do not employ.
  • Equipment Manufacturers and Distributors.
    Construction safety concern
    If an investigation shows that the malfunction was caused by a defect in the design or manufacture of a tool or machine, the manufacturer may be held accountable through a product liability lawsuit. In some cases, the distributor who sold defective equipment may be liable as well.
  • Property Owners.
    construction site in New York
    If the site itself proves to be dangerous and the cause of worker injuries, the property owner may be liable for injured workers’ losses. A property owner might be held responsible if he or she knew about or should have known about such hazards as previous disposal of toxic chemicals at the worksite or unstable ground that led to a trench collapse, for example.
  • Engineers and Architects.
    Construction Site In New York
    Faulty design of the structure sometimes leads to collapses and other accidents that cause injuries. Architects or engineers responsible for site plans may be liable for plans that do not meet local codes or standard accepted design practices.

Why You Should Hire A Construction Accident Lawyer

While workers’ compensation pays medical expenses and a portion of lost income, a third-party lawsuit may also seek compensation for:

  • Medical Costs
  • Lost Income
  • Pain and Suffering
  • Emotional Distress
  • Loss of Companionship (to surviving family members).

Help for Victims of Construction Accidents

Those who have suffered a serious injury in the workplace, or the close family members of those who have lost their lives, have the right to seek compensation for damages through a civil claim against liable parties who are not their employer, in many cases. We can investigate your specific case and advise you what legal action can be taken on your behalf.

The attorneys at Hecht, Kleeger & Damashek, P.C., serve individuals and families who have suffered physical and emotional trauma in accidents. If you have been injured on a job site, we strongly encourage you to contact a New York construction accident lawyer at our firm as soon as possible to begin building a strong case to obtain the compensation you deserve.

We are available to discuss your case 24/7.

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