Construction Accidents

New York City’s Construction has been ongoing for more than a century. It’s one of New York’s most common occupations, as well as one of the most dangerous.

Because most construction projects involve skyscrapers, falls are one of the most common reasons for workplace injuries. Roofers are at particular risk for falls because there are generally situated at the top of New York City’s tallest buildings.

Falls from heights for anyone on a construction site are one of the most dangerous accidents for any worker. Because most workers fall from a higher than six feet, the falls can be deadly, or leave a worker with catastrophic, disabling injuries.

Falls are preventable, but many construction companies fail to take these precautions to protect their workers. As a result, workers are sometimes left to protect themselves from these dangers on their own. The US Department of Labor and the Occupational Safety and Health Administration (OSHA) both have very strict rules for the construction industry and requirements they are obliged to follow. Unfortunately, some companies don’t follow the requirements.

How Construction Accidents Happen

It only takes an accidentally missed footing for a worker to fall a considerable distance to the ground. The results are usually catastrophic injuries, and in many cases, fatalities.

Construction site falls commonly occur due to:

• Incorrect scaffolding construction. Scaffolds are supposed to be built according to the manufacturer’s published instructions. Additionally, fall arrest systems, including appropriate guardrails, offer significant protections to workers.

• Jutting steel rebar. The steel bars that provide reinforcement to concrete structures should be safely away from workers. They should be capped or bent over so that a worker cannot fall on them and become seriously injured. Small pieces of rebar protruding or jutting out of a horizontal concrete surface can also trip workers, causing a fall.

• Trip hazards. Anything left in the footpath of another worker can cause someone to trip, leading to a fall.

• Fall openings, floor holes, and unprotected sides. Employers are required to use safety nets, fall arrest systems, and appropriate guardrails to protect employees. This is especially true when workers are working more than six feet in the air. Unfortunately, construction companies occasionally improvise or cut corners. This kind of negligence leads to Workers experiencing fall accidents on the job.

• Portable ladders. These letters should be positioned correctly so that they are steady for the workers’ use. But if the ladders are placed on an uneven surface, are defective, or just simply well-used and many years old, the risk of a fall is much higher.

Workers who fall at ground level can have a claim under New York Labor Law §241(6) against the property owner as well as the general contractor of a violation of Section 23-1.7(e) of the Industrial Code. This requires that all passageways be kept free from any types of hazards or obstructions that could cause tripping. New York’s Labor Law §200, also requires employers to provide workers a reasonably safe place to work.

A full 33% of fatalities on a construction site or due to falls from heights. Although prevention for falls and other types of accidents are required for companies and do not take much to do, many companies simply skip this step. That means that workers take considerable risks doing their jobs every day.

NYC Scaffolding Law: Section 240 Of New York City’s Labor Laws

Because the use of scaffolding is so common in New York City construction, the City’s “scaffolding law” list requirements for the use of scaffolding on any construction site, including:

• Any scaffolding that is installed higher than 20 feet off the ground is required to have a safety rail made of appropriate material, and that is at least 34” high.
• The safety railing must cover all the sides on the ends of the scaffolding with just enough opening to allow workers to bring or take needed supplies from their coworkers.
• The scaffolding must be built to hold four times its required maximum weight.
• The scaffolding must also be secured correctly to prevent it from swinging away from the structure and from the building.

Strict liability applies under the scaffolding law. This means that you will not have to show that the owner or contractor or other party was negligent to pursue and receive damages.

Finding The Responsible Party In Case Of Construction Accident

This is a complicated question to answer because there may be more than one party responsible.

If the negligence that caused your accident was the fault of your employer, workers’ compensation will cover medical care for your injuries, and part of your income while you are out of work. Once you accept workers’ compensation, you forfeit your right to sue your employer directly.

However, if your injuries were caused by a third party who is not your employer, workers’ compensation does not apply. This means that you can pursue a claim against a third party for compensation. Possible third parties may include:

• Property owners
• Contractors
• Subcontractors
• Architects
• Engineers
• The productive product manufacturers, i.e., machinery, equipment, or tools

Unlike the scaffolding law, you will be required to show how these parties were negligent, and how that negligence caused your injuries.

In an attempt at defense, these parties may blame you for your accident to avoid responsibility and pay a settlement. However, New York’s comparative fault law does not eliminate your ability to receive compensation. If you are found to be partly responsible for your accident, then your eventual award was simply be reduced.

However, if you deliberately caused your accident, were or were under the influence of drugs or alcohol, your worker’s compensation benefits could be threatened.

Let Our New York City Construction Accident Lawyers Help You

If you or a loved one have suffered a construction accident, you need to concentrate on taking care of yourself and your family while you recover from your injuries. We are ready to help you by handling your legal case so you can focus on your recovery.

BigLawsuit is ready to help you navigate the legal process and get you the compensation you need. We represent you and negotiate with the insurance companies and make sure you aren’t being cheated. Call us at (888) 998-7165 or tell us about your case using our online contact form. We will review your case at no charge and discuss your options without any obligation.