Construction workers work in one of the most dangerous job industries in the country. Construction sites are often hazardous environments because of the large machinery moving about, the use of power tools and dangerous equipment, and the hard labor that is required. Working around these potentially unsafe elements, your risk for serious personal injury is much higher than that of many other industries.
Even though the potential for injury is high, you have the right to expect safe working conditions that are free from danger. If you suffer a work-related injury, you deserve compensation so that you can continue to support yourself and your loved ones while also getting the medical care you need.
At the Maurer Law Firm, experienced construction accident attorney Ira Maurer can serve as your aggressive and dedicated advocate. To find out if you have a case, call us today at 845-244-8343 for a free consultation. We proudly provide representation to those who live in Fishkill, Wappingers Falls, Myers Corner, Beacon, LaGrangeville, and nearby areas of Hudson Valley, New York.
Causes of Construction Accidents
Construction workers place themselves in a higher degree of danger than most others workers. Working at dangerous heights, operating heavy machinery, and being around volatile materials all pose the risk of serious injury or even death.
There are standards set in place to help ensure the safety of construction sites and workers such as those set forth by the Occupational Safety and Health Administration (OSHA). This agency, which is a part of the Department of Labor, creates safety laws and regulations for every industry, including construction, which every company and employer must follow. If any of the guidelines are not implemented and followed, serious injury can occur.
Some of the main causes of construction accidents include:
- Ladder/scaffolding falls
- Falling objects
- Power tool injuries
- Building, wall, and trench collapse
- Unsafe construction, excavation, or demolition conditions
- Unsafe work practices
- Inadequate supervision
- Faulty equipment
- Defective safety equipment
- Chemical leaks
Such accidents can often result in catastrophic injuries that can lead to partial or total disability with complete loss of earning potential. This type of case requires an attorney with experience in construction accident litigation and a thorough knowledge of state and federal regulations covering safe work practices in this industry.
Common Injuries from Construction Accidents
The above causes of workplace accidents can cause a number of serious injuries to workers. Even non-worker bystanders and pedestrians nearby can be injured by falling objects or other dangers associated with construction zones. Construction accidents can cause significant injury and leave you out of work with medical bills and rehabilitation costs.
A few of the many types of injuries that can occur include:
- Traumatic brain injury
- Spinal cord injury
- Burn injury
- Musculoskeletal injuries
- Scarring and disfigurement
- Neck Injury
- Eye injury
- Broken bones/fractures
Every employer is obligated to carry workers’ compensation benefits in the case of a workplace injury. However, you may be able to file a claim beyond workers’ compensation against a negligent person or entity that caused your injury. Experienced construction accident attorney Ira Maurer has the knowledge and experience to help you navigate this difficult time and get you the compensation you deserve.
Laws Applying to Falls and Building Collapse on Construction Sites
Section 240 of the New York Labor Law offers protection to professionals working in the construction trades who use scaffolding and raised platforms on a construction site. Section 240 places strict liability on the part of the general contractor and property owner in the event a scaffold or raised work platform is defective and causes the construction worker to fall from a height sufficient to cause injury or death.
Section 241 of the New York Labor Law provides protection to construction professionals working on site. In particular, it provides strict safety requirements that contractors, owners and their agents must follow when constructing, excavating or demolishing buildings. Owners of one- or two-family homes who do not direct the construction work are exempt from liability under Section 241.
The term 'strict liability' means that the contractor or property owner may be held liable for total compensatory damages paid to the injured construction worker, even if it is determined that the worker was greatly at fault. Under provisions of New York Labor Law Sections 240 and 241, if the property owner or contractor can be proved to be just one percent at fault for the injury, the worker may seek total compensatory damages.
Don't assume you only have New York workers' compensation to cover your medical care and loss of earnings. You may be entitled to seek significant money damages from the party or parties held liable for your injury.
Defective Products on Construction Sites
The use of industrial equipment and power tools can pose a serious risk. Without safety features and warnings in place, an individual can suffer serious injuries such as loss of a limb, brain injuries, or spinal injuries. In New York, manufacturers can be held liable for defective products they put on the market.
Product defect cases, including those involving industrial machinery and tools, can be complex and require in-depth knowledge of product specifications, safety requirements, and product liability law. By working with industry experts and engineers, we’ll carefully review and investigate the circumstances that led to your serious injury in order to hold the manufacturer and any other negligent parties accountable for your loss.
We handle cases involving all types of industrial equipment, machinery, and tools, including:
- Nail guns, saws, and other power tools
- Factory equipment
- Construction equipment
What to Do After Your Work Injury
As an experienced construction accident lawyer, Ira Maurer can investigate the details of your work injury claim and develop a plan to resolve your case. While you’re probably entitled to workers' compensation benefits, you may be able to recover even greater compensation if the cause of your accident can be traced to the negligence of a third party. We can help you pursue compensation for:
- Medical and rehabilitation bills
- Lost wages and diminished future earning capacity
- Pain and suffering
- Funeral expenses (wrongful death cases)
Just as with any personal injury claim, proving that your injuries were the result of another’s negligence is essential to a successful workplace injury claim and must show:
- That the party or entity had a responsibility to operate in a safe and reasonable manner in regards to you
- That the party or entity acted negligently in that responsibility
- Your injuries resulted from that negligence
Mr. Maurer has knowledge of the state and federal laws that are necessary to handle these complex cases. You deserve full compensation after suffering one of these injuries, and our law firm is ready to stand at your side and fight for what is in your best interest.
Contact our Experienced Construction Accident Attorney Today
Construction accident attorney Ira M. Maurer has been helping injured construction workers and their families protect their rights after injuries for more than three decades. Building a close relationship with clients is the best way to ensure quality and provide effective representation. You will know from the first time you meet that we’ll listen carefully and work hard to put a human face to your claim.
To learn more, please contact the Maurer Law Firm by calling 845-244-8343 to schedule a free consultation. We serve Fishkill, Wappingers Falls, Myers Corner, Beacon, LaGrangeville and nearby areas of New York.