The construction industry is vital for the economy, but it’s also a dangerous industry for those who work within it. Construction workers handle heavy machinery, perform dangerous tasks, and often do manual labor many stories above ground.
Construction accidents are a fact of life for construction workers, but the injuries they sustain shouldn’t be paid for out of their pockets. Instead, construction accident attorneys can help anyone involved in these accidents by fighting to get workers’ comp payouts and/or suing negligent parties. Whether you’re in the Bronx or Brooklyn, Manhattan or Queens, you can get the legal support you need.
If you or a loved one has been injured in a NY construction accident, Schwartzapfel Lawyers is ready to hear from you. For a free consultation, give us a call at 1-516-342-2200 today!
Construction Accidents in NYC
Construction site accidents are very common in New York City, in part because the city is always under construction. In 2020, the New York City Department of Buildings recorded over 480 construction-related accidents in NYC alone. In the same year, more than 500 construction-related injuries resulted. Among the five boroughs, there were eight construction-related fatalities in the same timeframe.
As you can see, construction work accidents are something that every construction employee should be aware of and prepared for. The Bureau of Labor Statistics backs up this assertion, noting that the private construction industry is among the most dangerous industries for workers. For example, in 2019 there were 91 total fatalities in the private construction industry. With heavy equipment and machinery like forklifts, it makes sense that risk is high.
Ultimately, construction site injuries are common enough that you should know who to contact if you’re ever injured in one so that you can get the compensation you need to pay for medical attention and more.
To learn more, call Schwartzapfel Lawyers and speak with one of our construction accident expert attorneys today. Dial 1-516-342-2200 and allow us the privilege of fighting for you™!
Causes of Construction Accidents
Construction accidents may be caused by a wide variety of factors, including but not limited to:
- Lack of worksite protections
- Lack of worksite preparations by managers or overseers
- Lack of worksite employee training
- Lack of safety materials present
More specifically, the NY Department of Buildings indicates that the most common types of construction accidents resulting in injury and/or death on New York City construction sites include:
- Electrocution
- Slip-and-falls; trip-and-falls (legally defined as slipping on an object and falling backward or tripping on an object and falling forward)
- Falls from any height (e.g. ladders, roofs, scaffolds, and other platforms)
- Being struck by falling objects (e.g. tools, debris, other workers, etc.)
- Injuries from building materials because of lack of worksite protection equipment like hardhats, gloves, glasses, safety vests, harnesses, etc.
- Being stuck and/or crushed between two objects
Some worksite accidents may truly be unavoidable, meaning that even if workers and general contractors took all necessary precautions and provided adequate safety materials, the accident would still have occurred. Others, however, are entirely avoidable and can often be attributed to workplace negligence.
Legally speaking, negligence occurs when a party has a stated or implied duty to protect other people and then fails to carry out that duty.
For example, job site managers or contractors have a duty to provide their workers with proper safety equipment and materials. They also need to alert their workers about hazardous conditions on the job. If they fail on either count, any resulting accidents could be their fault and they could be held liable for injury-related damages.
Workers’ Comp for Construction Accidents
Regardless of the cause of a construction accident, workers’ compensation benefits are intended to help worksite employees receive money to pay for medical expenses and cover lost income during recovery. Accordingly, every private construction company is required to carry workers’ compensation insurance for just this reason.
However, some workers’ comp insurance organizations will do almost anything not to pay injured employees the funds they need to recover. A common insurance adjuster tactic in these cases is to try to prove that the injured worker was responsible for the accident. Alternatively, they may try to prove that the accident occurred off workplace premises or while the worker was not performing workplace tasks.
It can be tough for worksite employees or injured construction workers to fight back against these attempts, especially as they recover from their injuries. However, construction accident attorneys can provide help if an insurance company does not want to pay valid injury claims.
To hear about specific options as they relate to your case, call Schwartzapfel Lawyers at 1-516-342-2200 and speak with an experienced workers’ comp attorney. Your consultation will be free and the advice invaluable on your journey to physical, financial, and emotional recovery.
Can You Sue for Construction Accidents?
Yes, but that’s dependent on whether the accident was due to the negligence of another party or if the accident was truly accidental. For example, if after a snowstorm the ground of your worksite hasn’t been cleared of snow and ice, and you slip and fall as a result, you may not be able to sue anyone personally, although workers’ compensation should still be available to you as a remedial channel.
However, your construction accident could also be partially or fully caused by another person/organization. Here, possible scenarios include:
- You have a tool that needs to be repaired or replaced, but management does not replace it for you. Instead, they require you to use the faulty tool, exposing you to unnecessary risk and danger.
- You are not provided with adequate safety gear (e.g. a hardhat, welding goggles, reflective safety vest, etc.).
- You are forced to work in unsafe conditions, such as during inclement weather.
- You are not told about worksite hazards like toxic gas leaks, slippery surfaces, or the presence of black mold or asbestos..
If you believe another party was negligent or purposefully exposed you to danger, you could have grounds for a construction accident or personal injury lawsuit. In these cases, construction accident attorneys could help you attain your goals.
Call 1-516-342-2200 to learn about all the ways Schwartzapfel Lawyers can fight for you!
How Construction Accidents Attorneys Help
Construction accident attorneys are legal professionals who can provide several advantages to victims. They may help in different ways depending on who you hope to recover compensation from.
Negotiate for Worker’s Comp
If you file for workers’ compensation and the insurance company tries to deny your claim, you should immediately contact a skilled NY construction accident attorney. After learning about your case, these personal injury lawyers will then be able to:
- Gather evidence proving that a serious injury occurred both on worksite grounds and while you were performing workplace-related duties
- Negotiate on your behalf with the insurance company by speaking to them and their representatives, pushing for your rights, and threatening further legal recourse if they don’t pay out your claim
Above all else, personal injury attorneys like Schwartzapfel Lawyers will fight for you even if an insurance company tries to avoid doing what’s right. That’s why you should contact us right away if you are having trouble with your workers’ comp claim.
While you recover, we can speak to the insurance company directly and gather the evidence necessary for your claim to succeed. And because the outcome of your case will depend in large part on the details of the accident, we offer a free case evaluation when you call us at 1-516-342-2200. By acting now and putting Schwartzapfel Lawyers on the case, we can discuss your next steps and give you some sound advice before you decide to hire us or file a workers’ comp claim.
Sue At-Fault Parties for Construction Accident Injuries
Construction accident lawyers may also help you successfully sue any negligent or at-fault parties. To prove negligence, you have to gather a certain amount of evidence proving that the accused party was responsible for your injuries beyond a reasonable doubt.
Knowledgeable construction accident attorneys can do this for you, especially if you are still recovering from your injuries. They may gather evidence including but not limited to:
- Police reports if the police were called
- Doctors’ notes to prove that you sustained injuries and that workplace-related factors caused the injuries
- Eyewitness accounts, including other workers on-site at the time of the accident or third parties
After gathering this evidence, a skilled legal team will be able to file your lawsuit before the statute of limitations expires. They will also present your evidence efficiently and persuasively to the court. With the right construction accident lawyers’ help, you will likely be able to secure more compensation than you would have otherwise.
In turn, the compensation you receive can then be used to pay for past and future medical bills; cover lost income from time spent recovering; and even compensate you for your pain and suffering or continuing discomfort.
Choosing the Right Construction Accident Lawyers
It’s essential to pick the right construction accident law team for your needs rather than hire the first legal firm you find. Some law firms will charge you money right off the bat and not offer free consultations. Generally, these firms are a waste of your time.
Schwartzapfel Lawyers is the exact opposite. We’re knowledgeable and educated New York construction accident attorneys with a long history of successful cases in the Big Apple and beyond.
You can check out our Verdicts & Settlements page to see plenty of examples of construction accident cases just like yours. In several instances, we secured compensation totaling millions of dollars for our clients for both workers’ compensation and personal injury cases. We also have years of experience in car accident cases, traumatic brain injury cases (TBI), wrongful death cases, and more.
We pride ourselves on the dedication and commitment we bring to each client relationship. We don’t prioritize some clients over others; instead, we treat every client we partner with like family. We make sure to fight for you nonstop because we know how hard it is to recover from construction accident injuries and how important it is to recover maximum compensation.
That’s also why our law office doesn’t charge our clients any money unless we are successful. That’s right: If you don’t win, we won’t charge you a penny. So, please, if you or a loved one has been injured in a construction accident, call Schwartzapfel Lawyers and allow us the honor and privilege of fighting for you™!
Summary
Having a legal team that knows the ins and outs of New York labor law in your corner can make all the difference for a construction accident lawsuit or a workers’ compensation claim. Let us shoulder some of the burden while you recover so you can get as much compensation as possible. That way you won’t have to worry about finances and can focus on what’s really important: getting better.
To get the legal advice you need so that you can protect your financial future, contact Schwartzapfel Lawyers at 1-516-342-2200 today!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You™™
Construction Related Injuries and Fatalities | New York Department of Buildings
Fatal Occupational Injuries in New York City 2019 | BLS.gov
Archives of Statistical Summaries| New York DMV
Commonly Used Statistics | Occupational Safety and Health Administration (OSHA)
