NYC CONSTRUCTION ACCIDENT ATTORNEYS
CONSTRUCTION ACCIDENTS HAVE SERIOUS CONSEQUENCES
Construction is very dangerous work. The incidence of fatalities is 4X as high and any other occupation! In New York, over the last ten years, more than 500 construction workers have lost their lives and thousands have suffered serious injuries. Many of these accidents could have been avoided with proper safety precautions. When proper procedures are not followed to protect construction workers, resulting in serious injuries or death, a lawsuit to recover damages should be investigated. NYC Construction Accident Attorneys with generations of experience can help you best as these cases are quite complicated.
Wittenstein & Wittenstein, Esqs brings you the very best experience and resources. It starts with an initial free consultation, where you will discuss the facts and circumstances of your case with an attorney. The laws and regulations of New York State and Federal Law will be applied to the unique facts and circumstances of your case and you will receive an assessment of your case’s merit. NYC Construction Accident Attorneys, Wittenstein & Wittenstein, can expertly handle your construction accident case.
For a free consultation, you can call: 718-261-8114, e-mail law@wittenstein.com or use our online form. The consultation is 100% complimentary.
CONSTRUCTION ACCIDENT COMPENSATION
Construction Accident cases are multi-faceted. To ensure that you are fully compensated for your construction accident injuries, there are many possible causes of action to explore. The first step is to establish payment of the medical bills, and then to determine all the possible defendants to the action. This investigation requires a law firm with a vast amount of experience handling construction accident cases. Wittenstein & Wittenstein has been handling construction accident cases for generations. We know exactly what to do to get your case moving quickly and to ensure that you are fully compensated for your construction accident injuries.
WORKERS COMPENSATION:
Most construction workers in New York are covered by Workers Compensation Insurance, even if they are “undocumented” and/or “working off the books.” These primary first party benefits quickly provide workers with lost earnings benefits and payments for their medical treatment. Even though Workers Compensation Law in New York is the “exclusive remedy” for workers injured on the job, there are exceptions that may allow you to sue your employer. If you have have suffered a “grave injury” or the employer intentionally harmed you, you may be eligible to sue your employer. For more information about Workers Compensation, click here.
THIRD PARTY CLAIMS:
Above and beyond the Workers Compensation Benefits are claims against any person or entity that had a part in causing the injury by their action or inaction. For example, a negligent action might be for a truck supplying bricks to run into a worker, causing serious injuries. Sometimes there are many possible defendants that were contractors or subcontractors on a site, who you might be able to sue depending on the contract between the parties. If a visitor or vendor caused the injuries, you can sue them. An experienced NYC Construction Accident Attorney will leave no stone unturned to seek avenues for full compensation.
PRODUCT LIABILITY:
Sometimes a construction accident is caused by a defective product. For example, a hardhat that splits apart when something falls on it, and fails it fails to protect the worker. A ladder, power tool or something at site malfunctions. This is complicated because it must be proven that the defect occurred before the product left the factory. Manufacturers are only responsible for defects that occurred at their factory, so it is a complicated matter (involving expert testimony) to prove product liability in these cases. For more information about product liability, click here.
WRONGFUL DEATH:
Any personal injury claim may include an action for “wrongful death” which means that instead of suing for injuries, there is a lawsuit for negligence that caused a person’s death. These actions can collect compensation for pain and suffering, lost wages, lost future wages, lost inheritence (by the heirs) and other causes of action. For more information on wrongful death actions, click here.
OSHA AND CONSTRUCTION ACCIDENTS
Inspection statistics show that more than 60% of construction sites have numerous safety violations! 100% of sites where wrongful death caused by falls occurred had safety violations. It’s not surprising that most construction accidents are caused by safety violations. Even though OSHA penalizes employers who violate safety laws, many employers have made the decision that paying the fines is less expensive than correcting the violations. They even take into account what they have to pay out for insurance and lawyers and still don’t fix the violations. As long as there continues to be laxity in enforcing CRIMINAL PENALTIES against employers who fail to provide workers with safe conditions, workers will continue to be killed and maimed at worksites in alarming numbers.
There are many provisions in New York’s labor laws that provide legal recourse for injured workers. The most prominent is “The Scaffolding Law” which provides special protections for workers injured on ladders, scaffolds, slings, hoists, stays, hangers, irons, pulleys, blocks, ropes, braces and other types of construction-related devices.
TOP FOUR TYPES OF CONSTRUCTION ACCIDENTS
There are numerous causes of construction accidents such as explosions, toxic substances, collapses and other types of negligence that cause thousands of deaths and hundreds of thousands of injuries each year in this country. Experienced NYC construction accident attorneys know that most of the construction accidents in New York are caused by:
Objects Falling: Tools, debris, building materials or other items that fall on workers, including ceilings that collapse.
Electrocution: Electrical malfunctions including faulty wiring
Workers Falling: Sidewalk bridges, ladders, rigs and other construction set-ups that are unsafe, causing workers to fall
Falls — Injuries due to unsafe scaffolding, ladders, sidewalk bridges, etc.
Collapse/Compression — When workers are compressed or crunched to unstable supports
DO YOU WANT TO KNOW ALL YOUR RIGHTS UNDER THE LAW FOR YOUR CONSTRUCTION ACCIDENT?
The only way to know all of your rights under the law for your construction accident is to call an experienced NYC Construction Accident Attorney. A construction accident lawyer can apply the law to the facts of your case, and advise you of your rights.
Injured Construction Workers Have Rights Under Labor Laws
Labor Laws protect construction workers injured on the job. New York’s Labor Laws impose a heavy duty on employers to provide a “safe place to work.” There is special protection for Construction Workers injured while doing work such as renovation, demolition, alteration or repair of buildings and other structures. The justification for these laws is that construction work is an extremely dangerous profession, and employers should be discouraged from “cutting corners” on safety with these strict laws. Injured construction workers have protection under these laws that allow them to sue their employers in addition to collecting Workers Compensation benefits. Section 200 This is the “safe place to work” law, and it very broad. In order to bring a claim, it must be shown that the Employer was “negligent.” This gives rise to all the various types of negligence, including failure to properly train or hire. It also must be shown that the worker it was not the fault of the worker that caused the accident. The law states that "All places... shall be so constructed, equipped, arranged, operated and [...]
New York’s “Scaffold Law” Protects Injured Construction Workers
New York State Labor Law § 240/241 was one of the first labor laws enacted in the United States. It predates the Occupational Safety and Health Administration (OSHA) and Workers Compensation Programs. It was enacted in 1885, and despite lobbying to repeal it, has survived to this day. A similar law in Illinois was repealed in 2013. There is even a website scaffoldlaw.com, dedicated to “Scaffold Law Reform,” with scurrilous claims that the laws actually makes worksites “less safe.” Why is a law that protects injured construction workers so controversial? So, you must be wondering now, what’s the big deal about this Scaffold Law? What makes it so terrifying to builders? First off, it operates as an “exception” to the Worker’s Compensation Law, as it imposes “strict liability” on an employer when an employee is injured due to a “gravity-related” fall when they are working at “high elevations” without the use of proper safety gear. This means that even if it’s the worker’s own fault that he did use the proper gear, the employee is liable. All [...]
Trump Guts Worker Safety
According to the AFL-CIO, Trump’s is obliterating worker safety regulations, resulting in an increasing number of worker deaths and injuries, especially in dangerous occupations such as construction. Construction accidents which maim and kill workers increase and protections for their health and safety are abolished. Due to these changes construction worker safety is at a 21st Century low, with accidents on the rise. Here are some examples of changes in laws and regulations: Repealed an Occupational Safety and Health Administration rule requiring employers to keep accurate injury records (PL-115-21). Clearly, maintaining records of injuries is important so that employers that have more injuries can be investigated as to their safety practices, fined and forced to maintain safer practices. Although this adds some small cost to their operations, it is not so much to ask to protect workers. Mostly it helps employers who cut corners on worker safety as it makes it much more difficult to find them. Repealed the Fair Pay and Safe Workplaces rule to make sure federal contractors follow safety and labor laws (PL-115-11). Safety [...]
HISTORY OF BUILDING CODES
Did you know that there have been building codes dating back to 2000 BC? Authorities of the time were eager to create rules and records, and to create structures that were more reliability unlikely to collapse and kill people. When buildings feel on people, it didn't make Kings look good! The most elaborate and building code of ancient times was the Code of Hammurabi, which is well-known as the first full-blown law book. Unlike today when enforcement of building codes can be lax, under the Code of Hammurabi a builder that collapses, killing workers and occupants, would be put to death. The history of building construction codes shows a growing concern for safety and reflects advances in technology. Codes are put in place to protect people, by ensuring that buildings are structurally sound. Of course, this goal is only achieved if the codes are enforced. Codes are developed by federal, regional and local authorities and builders and their contractors must follow these codes or face penalties. Let’s explore the development of building code throughout history. Jumping [...]