NY Construction Accident Attorneys

Helping People Who Have Suffered Due to Construction Site Accidents

As a construction worker, you know that your work is both dangerous and demanding. You use heavy machinery, climb to great heights, and perform your duties in an environment that is unforgiving. You can avoid most accidents by staying vigilant; however, others around you, whether your boss or a fellow employee, may not do the same. If you have been injured on a construction site, you may be entitled to compensation from your company and possibly other parties.

The experienced New York construction accident attorneys at Wingate, Russotti, Shapiro & Halperin, LLP, have witnessed the devastating results of construction accidents. We understand how traumatic such an experience can be, no matter how minor the accident. You should not have to handle your issues alone. Let us help you get the financial assistance you need. Call today at (212) 986-7353 to discuss the details of your case.

What Are Common Construction Accident Injuries?

Injuries commonly sustained in construction accidents are usually severe in nature. They include:

What Are the Effects of a Workplace Injury?

Even a so-called "minor" accident can result in serious consequences. An injured construction worker may be burdened with exorbitant medical bills and lost wages during recovery. He or she may lose the ability to collect wages altogether if the injury is debilitating enough. In especially catastrophic incidents, a worker may suffer an injury that requires decades of treatment, therapy, and rehabilitation, which do not even guarantee a full recovery. The associated expenses can amount to six- or seven-figure sums. The aftermath of a construction accident can be one of the most trying experiences in life.

What Should I Do After Suffering a Work Injury in NY?

There are essential steps you should take immediately after a construction accident to ensure you receive compensation that is rightfully yours:

  • Get immediate medical attention. Your health is your first priority.
  • Report the incident to your employer without delay, or make sure the report is made as soon as possible. It is central to your claim.
  • Get in touch with an experienced work injury lawyer. He or she can conduct a thorough investigation of the circumstances surrounding your injuries and strengthen your claim.
  • Contact the proper authorities, such as the Occupational Safety and Health Administration (OSHA), to investigate your accident.

What Do I Do If I See OSHA Violations?

Due to the inherent dangers in the construction industry, the Occupational and Safety Health Act was passed in 1970. The act created the Occupational Safety and Health Administration (OSHA) to enforce labor, health, and safety laws. But OSHA has not succeeded in preventing some big construction companies from putting their profits ahead of their workers' safety. Employers remove hazards when OSHA inspectors arrive, then quickly return things to the way they were. But you can do something about this.

There are a few different steps you can take if you see OSHA violations, depending on the nature of the violation and who is involved. If you see coworkers not following OSHA standards, you should report it to a supervisor. Be sure to note exactly who was involved and the ways in which they were being unsafe.

If your supervisor or company owner is being unsafe, however, reporting it to them might not result in any meaningful action. In New York, public state employees can report issues to the New York Department of Labor, Division of Safety and Health, Public Employees Safety and Health (PESH) Bureau. If you are not a state employee, you can report OSHA violations to the OSHA office in your area.

NY Employer Responsibilities

Your employer is required to keep workers' compensation insurance coverage for employees. A notice of such coverage must be posted in a conspicuous place. Upon request, your employer must grant access to all records, books, and payrolls. Your employer can be fined for not keeping accurate records of accidents, employee classification, etc.

Your employer may not discriminate against an applicant or employee simply because he or she has claimed workers' compensation in the past. Once you are injured, your employer is required to report your wages or other compensation as well as changes to your work status related to your injuries.

How Does Workers' Compensation Work in New York?

This insurance provides money for medical care and lost wages for injuries suffered on the job. Workers covered by workers’ comp may not file lawsuits against their employers; however, some businesses may try to lessen a workers’ comp claim or disprove it entirely.

If your claim is denied, you should contact an experienced workers' compensation lawyer to guide you. Once your claim is denied by your employer's insurance company, you can file an appeal with the New York Workers' Compensation Board. You will need to fill out paperwork and file it with the Board, then attend a hearing to appeal the insurance company's decision. Having legal representation can help build your case and make sure you file paperwork properly, meet necessary deadlines, and present your case professionally to the Board. The Board's ruling on your appeal is final, so it is important to do it right.

Who, Under the Law, Is Responsible for My Construction Accident?

The answer to that question depends on the details of your particular accident. In general, those who have engaged in negligent conduct can be held responsible. If other parties such as third-party contractors, manufacturers of tools or equipment, or property owners, are responsible for the injuries you suffered on the job, you may be able to file a third-party lawsuit and recover damages beyond your workers' compensation benefits. For example, if a third-party subcontractor erects a scaffold used by other workers, he may be liable if improper erection of the scaffold causes injury to a worker. Liability may also exist for failing to build supports or erect barriers, storing materials improperly, improper use of hoists or cranes, lack of sufficient crane operator training, and more.

Other Types of Industrial Workplace Accidents

There are many industrial jobs other than construction that offer additional risks, such as:

  • Refinery: Oil and gas refineries are known for massive explosions that cause fatalities. They often occur due to mismanagement of staff and toxic materials, among other negligent behaviors.
  • Mining: Miners endure extremely difficult work in dangerous environments. They face the risk of explosion, exposure to toxic chemicals and gases, flooding, and, most dangerous of all, mine collapse.
  • Chemical plant: Unlike other industrial injuries, the illnesses associated with chemical work are not readily apparent. They usually take time to develop, and symptoms may not be discovered until years down the line.

Get in Touch with a Top NY Injury Firm

At Wingate, Russotti, Shapiro & Halperin, LLP, our attorneys are highly experienced at filing workers' compensation claims and handling appeals and hearings throughout New York. Contact us by using our online contact form or call us today at (212) 986-7353 to discuss your case.

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Contact Us: Free Consultation

If you or a loved one has been seriously injured, it is important to seek legal representation as soon as possible. Contact the New York personal injury attorneys at Wingate, Russotti, Shapiro & Halperin, LLP today for a FREE, no obligation consultation today:

The Graybar Building
420 Lexington Ave. Suite 2750 New York, NY 10170
Phone: (212) 986-7353 Fax: (212) 953-4308

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New York City Construction Injury Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a lawyer at our offices. This web site is not intended to solicit clients for matters outside of the State of New York, although we have relationships with attorneys and law firms in states throughout the United States.

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