Advocating for Injured Queens Construction Workers
Construction workers in Queens are unsung heroes behind the scenes who often go unnoticed and unappreciated. These workers are fearless in performing their duties. They accomplish miracles, risking their lives on dangerous jobs and performing work that is essential to our communities. If you have been injured or lost a loved one on a construction site, speak with an experienced Queens construction accident lawyer as soon as possible.
The path to justice can be daunting and very challenging. Thankfully, Wingate, Russotti, Shapiro, Moses & Halperin, LLP, is ready to guide you. With a proven track record of success at trial and outstanding appellate achievements, clients can trust us to advocate for their rights during legal proceedings to obtain a comprehensive damages award. Our firm’s contributions to advancing personal injury law, including landmark cases in medical malpractice, demonstrate our dedication to securing favorable outcomes.
Contact us at (212) 986-7353 to enlist our experienced law firm and protect your legal interests effectively.
What Typically Causes Accidents on Construction Accidents?
Construction sites are inherently hazardous environments, and various factors can contribute to accidents:
- Fatigue and Overwork: Construction workers often work long hours, leading to fatigue, which impairs judgment and coordination. Fatigue can result from demanding schedules, extended shifts, or insufficient rest periods between shifts.
- Unsafe Working Conditions: Construction sites involve numerous hazards, such as exposed electrical wires, uneven terrain, heavy machinery, and hazardous materials. Failure to address these hazards or maintain a safe work environment increases the risk of accidents.
- Lack of Proper Training or Supervision: Inadequate training leaves workers unaware of safety protocols and procedures, increasing the likelihood of accidents. Insufficient supervision means workers may not receive adequate guidance or correction when engaging in unsafe practices.
- Defective or Malfunctioning Equipment: Malfunctioning or defective tools, machinery, and equipment pose severe risks to construction workers. Equipment failure can result from poor maintenance, manufacturing defects, or improper use, leading to accidents and injuries.
- Hazardous Weather Conditions: Weather conditions such as rain, snow, ice, or high winds can create additional hazards on construction sites. Slippery surfaces, reduced visibility, and unstable structures increase the risk of accidents if proper precautions aren’t taken.
- Negligence of Subcontractors or Other Third Parties: Construction projects often involve multiple subcontractors and third-party vendors. Negligence by any of these parties, such as failure to adhere to safety regulations, can contribute to accidents. These acts may include improper installation of equipment, inadequate training of workers, or a failure to secure the site properly.
Understanding the Responsibilities of Employers and Contractors
Employers and contractors have legal duties to maintain a safe working environment for their employees, which are often outlined by various regulations and laws, including those enforced by the Occupational Safety and Health Administration (OSHA) in the United States:
- Providing Proper Safety Training: Employers and contractors are responsible for providing adequate safety training to employees. Training includes instruction on the safe operation of machinery and equipment, correct handling of hazardous materials, and protocols for responding to emergencies.
- Inspecting and Maintaining Equipment: Employers and contractors must regularly inspect all equipment used on the job site to ensure it is in proper working condition and free from defects. Maintenance and repairs should be promptly conducted to address any issues identified during inspections.
- Implementing Safety Protocols and Procedures: Establishing and enforcing safety protocols and procedures is crucial for creating a safe work environment. Employers must provide safety plans for specific tasks or hazards, such as working at heights or handling hazardous materials.
- Ensuring Compliance with OSHA Regulations: Employers and contractors have the obligation to comply with all relevant OSHA regulations and standards applicable to their industry. These actions include providing appropriate personal protective equipment (PPE), maintaining accurate records of workplace injuries and illnesses, and implementing safety measures specific to the hazards present on a job site.
Types of Construction Work That Can Lead to Accidents
Falls are the leading cause of work-related death, accounting for 36.4% of total fatalities in the construction industry, as stated by the CDC. Workers can fall when working at higher elevations, on scaffolding, or on ladders, particularly when proper safety measures are not taken. Construction workers also risk being struck by equipment or falling materials, electrocuted, or caught between objects or equipment. They may also be injured in slip or trip and fall accidents, fires and explosions, vehicle collisions, and demolition disasters.
Other common accidents include:
- Demolition Accidents: During demolition, structures are dismantled or destroyed, often with heavy machinery or tools. Accidents can occur due to structural instability, unexpected collapses, or mishandling of explosives (in controlled demolition scenarios). Workers may also be at risk from falling debris, especially when safety measures like barricades and warning signs aren’t in place.
- Heavy Machinery: Heavy machinery such as cranes, bulldozers, excavators, and forklifts are essential in construction but can also be hazardous. Accidents involving heavy machinery often occur due to equipment malfunction, operator error, inadequate training, or improper use. Workers can get struck, crushed, or pinned by moving machinery, leading to severe injuries or fatalities.
- Compressed Gas: Compressed gas cylinders are commonly used on construction sites for welding, cutting, and powering tools. Accidents involving compressed gas can result from mishandling, improper storage, leaks, or equipment failure. If a cylinder ruptures or explodes, it can cause fires, explosions, or chemical exposure, leading to burns, respiratory issues, or other injuries.
- Saws and Power Tools: Saws and power tools like drills, nail guns, and jackhammers are frequently used in construction tasks. Accidents with these tools can occur due to misuse, lack of proper guarding, malfunction, or inadequate maintenance. Workers may suffer lacerations, amputations, puncture wounds, or other serious injuries if they come into contact with rotating blades, sharp edges, or high-speed components.
- Roof or Ceiling Collapse: Roof or ceiling collapse incidents typically happen due to structural weaknesses, overloading, improper installation, or environmental factors like adverse weather conditions. Workers can be trapped or struck by falling debris during a collapse, leading to injuries ranging from minor cuts and bruises to severe head trauma, spinal injuries, or even fatalities.
Injuries That Are Commonly Sustained in a Construction Accident
Because of the nature of the work, construction workers are vulnerable to a range of serious injuries, including:
- Bone Fractures: Fractures happen from falls, heavy impacts, or machinery accidents, causing bones to break. Severity varies from minor to severe.
- Severe Burns: Burns can result from flames, chemicals, or hot surfaces. They range from first to third-degree, causing tissue damage and complications.
- Electrocution: Contact with live wires or faulty systems leads to burns, cardiac arrest, or death due to high voltage.
- Back and Knee Injuries: These injuries often result from heavy lifting or falls, causing strains, sprains, or torn ligaments.
- Traumatic Brain Injury: Falls or impacts cause concussions or more severe brain damage, resulting in cognitive impairments.
- Amputations: Limb injuries from machinery accidents lead to surgical amputation or irreparable damage.
- Toxic Substance Exposure: Contact with hazardous materials and substances causes respiratory problems or organ failure.
- Spinal Cord Injury and Paralysis: Damage to the spinal cord resulting from falls or machinery accidents results in partial or complete paralysis.
- Wrongful Death: Fatalities from accidents as a result of acts of negligence or safety violations.
- Noise-Induced Hearing Loss: Prolonged exposure to loud equipment can damage permanent hearing.
- Repetitive Stress: Chronic pain and reduced mobility often result from repetitive tasks without proper support.
What Compensation May Be Available to Injured Construction Workers in Queens?
Construction workers injured on the job are entitled to workers’ compensation benefits. Employers have a responsibility to carry this insurance coverage for their employees. Workers’ comp can pay your medical bills associated with the injury and reimburse you for a portion of your lost wages. Family members of construction workers killed on the job may seek death benefits under workers’ compensation.
If a party other than your employer is responsible for your accident and injuries, you may have grounds for a third-party lawsuit. Potentially liable parties may include property owners, contractors, subcontractors, and manufacturers of defective equipment or tools. Damages that may be recovered in a personal injury claim go beyond workers’ compensation benefits. For example, they may include pain and suffering, emotional distress, mental anguish, and loss of consortium.
When a worker dies through the negligence of a third party, surviving family members may be able to recover compensation beyond workers’ comp in a wrongful death claim. To prevail, they must prove that the company or other party was negligent, that the worker died as a result, and that the victim had close family members who suffered losses because of the death.
The statute of limitations (time limit imposed by law) for personal injury in New York is generally three years from the date of injury or diagnosis. Once that deadline has passed, your claim will be forever barred. It is important to consult with an experienced injury lawyer as soon as possible after a serious or fatal construction accident.
How a Queens Construction Accident Attorney Can Help
Our seasoned Queens personal injury lawyer can investigate your construction site accident to determine fault and liability. We can secure evidence to support your claim, assess the full extent of your damages, and build a strong case based on the facts. Our firm has the knowledge, skills, and resources to negotiate effectively with insurance companies on your behalf and to present a compelling case to a judge and jury.
We have over 50 years of experience and have won more than $1 billion in settlements and verdicts for our clients. Contact Wingate, Russotti, Shapiro, Moses & Halperin, LLP, at (212) 986-7353 after a serious Queens construction accident.