What Do I Do When a Coworker Causes My Injury?
If a coworker caused your injury, you may be concerned about your right to workers’ compensation benefits. The workers’ compensation program is a “no-fault” system. If you are injured on the job, you have the right to benefits, but sacrifice your right to file a lawsuit, unless the employer has committed acts of gross negligence. If a coworker’s actions led to a serious injury while performing tasks at work, you have the right to workers’ compensation benefits.
How Improper Training Leads to Construction Worker Injuries
Construction workers are often seasoned professionals, familiar with OSHA and NYC Department of Buildings safety regulations – or could be new to the trade. With the endless construction projects in NYC, workers come from other states or countries, and must be trained in the proper methods and procedures to avoid accidents and injuries.
While construction accidents are frighteningly common in the city, most serious injuries and deaths could have been prevented had workers been thoroughly trained on the proper use of equipment and how to work safely around the many hazards on the site.
Filing Lawsuits for NY Building Code or Safety Violations
Property owners and developers are required to adhere to the safety regulations when building or improving property. These regulations are imposed by OSHA and under the NY Building Code.The commonly violated OSHA regulations reported by the U.S. Department of Labor, which could lead to a lawsuit brought by an injured worker include:
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- Fall protection violations
- Respiratory protection violations
- Hazardous chemical violations
- Scaffolding violations
- Ladder violations
- Control of Hazardous Energy Violations
How Employers Try to Avoid Scaffolding Rules (Labor Law 240)
New York has some of the most extensive scaffolding safety laws. Labor Law 240 was enacted in 1885, a period when state legislators had deep concerns about the safety of workers performing jobs at high elevations. During that era, there were many fatal worker falls – and in New York, these falls continue to plague the industry.
Safety Precautions for Bricklayers
Bricklayers have a specialized art, with their work enhancing buildings of all types. This job involves inherent risks, and bricklayers and masons are likely to suffer injuries and illnesses directly related to the work they perform. It is necessary to ensure that all safety precautions are in place on any worksite to reduce the risk of a serious or fatal accident.
Why Construction Workers Are Reluctant to Report Hazards and Injuries
Construction workers are in a difficult position when it comes to reporting an employer who has unsafe working conditions. The construction worker may be fearful of retaliation, losing employment, or be subject to peer pressure to keep quiet. Construction sites are dangerous at the best of times; when an employer is cutting corners and putting workers at risk, the dangers can be extreme. Failing to install all required barriers, provide safety equipment and tools in good working order, and ensure every worker on the site is protected as required by law can save money – but result in lost lives.
Wheelbarrow, Hand Truck, and Other Hand-Propelled Vehicle Injuries
Wheelbarrows, hand trucks, and four-wheel dollies are used on construction sites and for other jobs.
- A wheelbarrow is a small cart with two supporting legs, two handles at the rear, and a single wheel at the front. It is used for carrying loads in construction and other industries.
- A hand truck is a two-wheeled cart with long handles, used for moving heavy objects by hand. It consists of a vertical framework with a metal blade at the bottom and handles at the top.
- A four-wheel dolly is a platform with two axles and four wheels. It is used to transport heavy items from one location to another. Dollies are available in varied sizes and designs.
OSHA’s 6-Foot Rule: Mandatory Protection
The “6-foot” rule is a general rule of thumb in the construction industry. Basically, it requires that fall protection be provided when work occurs at heights of six feet or greater above a lower level. It has been commonly perceived that fall protection requirements begin when workers are within six feet of an unprotected edge, and some OSHA inspectors have followed this as an accepted standard. In April 2020, the Occupational Safety and Health Review Commission issued a decision in a case that relates to this standard.
What Are “Caught-in-Between” Accidents?
Caught-in-between accidents happen most frequently on construction sites. The term “caught-in-between” is used broadly by the Occupational Safety and Health Administration (OSHA) to describe a category of injuries that involve being crushed under, between, or inside heavy machinery or objects.
What Benefits Do Loved Ones Receive After Construction Accidents?
Construction is one of the most hazardous industries for workers. When a construction accident results in death, it can cause tremendous pain and financial hardship for family members left behind. Surviving family members may be eligible for death benefits under workers’ compensation. If the actions of a negligent party contributed to a loved one’s death, survivors may also be entitled to file a wrongful death claim for damages.