Find an Experienced Long Island Construction Accident Lawyer
When workers are seriously injured because of unsafe working conditions, they can count on Parker Waichman LLP to fight for the compensation they deserve. If you have been injured on a construction site, call 1-800-YOUR-LAWYER (1-800-968-7529) today for a free, no-obligation consultation to see how our Long Island construction accident lawyers can help you.
The Growing Dangers of Growing Skylines
The Long Island construction industry has progressively become less and less safe for workers, and the circumstances are similar for construction workers statewide. According to the New York Committee for Occupational Safety and Health (NYCOSH), the New York construction industry is “highly dangerous.” In a recent report, the Committee stated that New York construction workers were at four times greater risk of being involved in fatal accidents than workers in any other industry. Startlingly, while construction workers account for just 3 percent of the state’s total workforce, they are involved in 34 percent of the state’s workplace fatalities.
The number of construction accident injuries and fatalities in New York and Long Island has unfortunately been on the rise for years. Between 2011 and 2015, the number of construction fatality accidents in the state climbed by an astonishing 40 percent. In 2015 alone, 435 construction injuries took place, and 55 workers died from their injuries. This figure leaped by 88 percent over the previous year. The majority of these accidents take place in highly populated areas like New York City and Long Island. Tragically, so many of these accidents, injuries, and fatalities occur because of negligence on job sites and unsafe practices perpetuated by owners and contractors on projects. The stories and statistics do not lie: Project owners, managers, and contractors are not taking the necessary steps to ensure their workers’ safety, and in many cases, they aren’t even doing the bare minimum required under the law.
Something needs to change. When you work hard to provide a valuable service to the people of Long Island, you deserve adequate safety protections. You deserve not to be treated as a disposable cost of business. At Parker Waichman, we’re dedicated to protecting construction workers’ rights and standing up to an industry that values money above people. We represent victims of construction accidents who desperately need relief, and we can help you and your family, too. Our experienced attorneys will take your injuries and concerns seriously, and we will do everything we can to hold the industry accountable. Contact our dedicated construction accident attorneys today to discuss your potential claim and to start the process of investigating your case.
Dangers Facing Construction Workers
Construction workers are already placing themselves in dangerous situations just by the nature of their jobs, but when proper safety measures are not followed or implemented, workers are at risk of serious injury or death.
Most Common Long Island Construction Accidents
Four types of accidents, nicknamed the “Fatal Four,” are the most common in New York and Long Island and account for the vast majority of injuries and fatalities. Combined, they account for almost 87 percent of all construction-related fatalities in the state of New York, including Long Island.
- Falls: Of all the accidents in the “Fatal Four,” falls account for the largest percentage. About 50 percent of all construction injuries and fatalities occur because of falls. Injuries often lead to death when the fall is from a height, like those involving scaffolding, rafters, ladders, roofs, and elevator shafts. Workers can experience broken bones, spinal cord injuries, and other serious injuries from falls.
- Electrocution: Unfinished wiring, which is common on construction sites, poses a risk for workers of being electrocuted. They can also encounter sparks or short-circuiting in the building or from running equipment. Burns, nerve damage, eye and ear injuries, cardiac events, and death can result from electric shock. Victims of electric shock can also experience vague, ongoing symptoms, like depression and insomnia.
- Caught Between Equipment/Machinery: Construction jobs almost always involve the use of major equipment and machinery. If appropriate care is not taken, workers can become trapped or pinned between, under or inside a piece of equipment or machinery. Such an accident can result in the loss of limbs or digits, broken bones, head injury or death.
- Struck by an Object: Construction workers are prone to be struck by objects when the job site is unsafe. Mishandled tools, equipment, and debris, for example, can strike workers nearby or below. If struck on the head, workers can suffer a concussion or other serious head injury, including a traumatic brain injury. The effects of a brain injury can be devastating, and many workers struck by heavy objects will not survive.
Other Construction Accident Causes
While the Fatal Four account for a significant percentage of Long Island construction accidents, there are plenty of other ways that workers get injured, too. In our experience representing injured workers, we have helped people injured by the following:
- Elevator or stair accidents
- Trench cave-ins or collapses
- Fires or explosions
- Struck by equipment or vehicles
- Slip and falls
Some of these unsafe conditions can be linked to each other. For instance, when workers are being forced or encouraged to work extended hours without breaks, the site they’re working on is also likely to contain other health and safety violations. Owners and contractors who commit working hours violations are statistically more likely to ignore or overlook other hazards on their job sites.
All of these accidents and subsequent injuries have severe effects on the lives of workers and their families. In addition to the physical injuries, they deal with post-traumatic stress, high medical costs, and lost income for their households. In response to the dangers facing New York construction workers, the state has adopted several laws that seek to improve safety on job sites and allow workers to pursue legal claims when they have not been adequately protected at work.
Legal Protections in New York Construction Accident Cases
Injuries on the job usually make people think of workers’ compensation claims. People often mistakenly think that a workers’ compensation claim is their only option for relief if they have been injured at work. But while these claims do provide opportunities for compensation, many times, they are not adequate based on the injuries and the facts of the case. Injured construction workers may have the option to pursue claims against the owners or supervisors on their job sites under New York laws that specifically protect people working in the construction industry.
Construction project owners and contractors on Long Island have a legal obligation to maintain safe work sites for their workers. New York Labor Law §§ 200, 240(1), and 241(6) detail the various obligations owners, managers, and contractors are under when they hire workers for a project. The statutes also provide legal relief for victims of dangerous construction accidents.
Labor Law Section 200
Section 200 of New York’s Labor Law gives workers an official statutory cause of action for negligence on their job sites. This law mandates that the owners and managers at every construction site in the state use reasonable care to adequately protect the lives, health, and safety of everyone working on their sites.
To be successful with this kind of claim, you must be able to show that the owner or manager had some kind of notice of the dangerous condition that caused your injury and also had the authority to do something to correct it. In addition, if it can be shown that the owner or general contractor exercised control over the “means and methods” of the injured worker’s activity, then Section 200 can be invoked. However, the law will also allow the owner or manager you’re suing to present any relevant evidence of your own fault. Under a rule called comparative fault, the defendant can show the ways you were to blame for your own injuries, and your award can be reduced by whatever percentage of fault belongs to you.
Labor Law Section 240 (1)
Section 240(1) is commonly referred to as the Scaffolding Law because it requires construction sites to have certain tools and equipment that will prevent worker falls and falling objects, including scaffolding, hoists, ladders, ropes, and braces. These must be provided by the owner, contractor or manager of the project and appropriately maintained to ensure safety.
In pursuing a claim under Section 240(1), you have the opportunity to prove strict or absolute liability on the part of the owner or general contractor. This means that if you are able to prove that the defendant violated Section 240(1), you will have successfully proved that the defendant was legally liable. Under a Section 240(1) strict liability cause of action, your own fault cannot be considered, so the defense cannot introduce such evidence in an attempt to reduce your recovery.
Labor Law Section 241(6)
Section 241 (6) of New York’s Labor Law applies to activities like construction, demolition, renovation, and excavation of building or job sites.
You can bring an action by using Section 241 (6) if you are able to prove a violation of the Industrial Code of the State of New York. But unlike Section 240(1), your own fault will be allowed as evidence under a Section 241(6) claim. This is something to keep in mind when considering this type of lawsuit.
Long Island Construction Accident Statute of Limitations
To protect your Long Island accident claim, it’s important that you not delay in meeting with a construction accident lawyer. Long Island claims are governed by a statute of limitations, and you must be in compliance with these rules for your case to move forward. Statutes of limitations are essentially deadlines for filing claims imposed by state law. If you miss the deadline, you will never be able to file your claim, regardless of its merit.
These might sound like unfair laws, but they have the effect of preserving accurate and reliable evidence for your case. For instance, if you file quickly after your accident, your witnesses will be able to provide more accurate testimony because their memories will naturally be fresher than if you waited many years.
Generally, in New York, you have three years from the date of your construction accident to file your claim. However, this deadline is subject to change based on the facts and circumstances of your specific case, including the injuries you’re claiming. This is why it’s so important to work with a skilled Long Island construction accident attorney who can make sure that your rights are protected. When you work with Parker Waichman, a dedicated Long Island construction accident lawyer will evaluate your case to make sure that your claim is timely. Contact us today to ask about your statute of limitations and the process of signing up a case with our firm.
Frequently Asked Questions About Construction Accident Lawsuits in New York
When our clients call us about their potential construction accident claims, they often have questions for us about these types of cases. Below you will find a list of some of the questions we tend to hear frequently, along with our answers.
What are some typical construction accidents and injuries that workplace law attorneys see on long island?
The typical type of construction site accident that we see on Long Island is very similar to the construction site accident that we see throughout the New York metropolitan area. Long Island is always in the middle of developing major projects that all require construction sites and equipment.
Some of those accidents include falls from scaffolds, falls from ladders, falls from buildings, construction equipment failures, construction vehicle accidents, electrical accidents and more. If you’re injured at a construction site on long island the causes of those accidents are going to be the same as everywhere else in New York state.
What Are the Most Common Types of Construction Accidents?
- Caught in between equipment/machinery
- Struck by an object
- Elevator or stair accidents
- Trench cave-ins or collapses
- Fires or explosions
- Struck by equipment or vehicles
- Slip and falls
These often occur because appropriate care has not been taken to protect workers on site. When workers are involved in these accidents, they can suffer broken bones, dislocations, burns, head and neck trauma, internal injury, organ damage, limb and digit amputation, spinal injury, and even death. Our firm fights for men and women injured because of safety violations and negligence on job sites, and we can help you recover compensation for your construction injuries.
How Do I Bring a Long Island Construction Accident Claim?
- The defendant owed you a duty to use reasonable care.
- The defendant did not use reasonable care.
- You were injured in some way.
- Your injury was caused by the defendant’s conduct.
Your attorney will conduct investigations and compile evidence to build your case and meet these requirements throughout the course of litigation.
How Is a Construction Accident Lawsuit Different From a Workers’ Compensation Claim?
In a construction accident lawsuit, you are suing the project owner, manager or general contractor, and you actually file your claim in a court of law. This type of lawsuit allows you to pursue damages that can reach beyond what you might recover via workers’ compensation, like compensation for your physical and mental pain and suffering. Many of our clients decide that this is the right choice for them and trust us to pursue litigation on their behalf. To find out more about the differences between these two claims and which is right for you, contact our firm today.
What Kind of Settlement Can I Receive?
- Medical costs
- Lost wages
- Compensation for pain and suffering
We will fully investigate your claim to make sure we have captured every possible area for compensation.
Our construction accident law firm on Long Island has a long history of advocating for victims of personal injury, including the hardworking people who build Long Island’s infrastructure. Our attorneys have earned a reputation for their steadfast commitment to victims’ rights and fierce representation in the face of adversity. Fellow lawyers, judges, and our clients have given us numerous honors, including:
- A near-perfect rating by AVVO, a service that rates every attorney in the United States
- The highest peer-review rating of “AV Preeminent” from Martindale-Hubbell
- The highest ranking of “5 Dragons” from Lawdragon
Talk With a Skilled Construction Accident Lawyer in Long Island Today
You and your family deserve compassionate, experienced representation following a harrowing accident, and Parker Waichman will deliver. If you or a loved one has been injured in a construction accident, contact our law firm now to find out how we can help you get results. Our Long Island construction accident lawyers offer free, confidential consultations and will review your potential claim with no obligation to you.
You’ll pay nothing for a consultation with our Long Island construction accident lawyers, and you’ll also pay nothing out of pocket for our services. That’s because we work on a contingency-fee basis, meaning that we only get paid from a portion of your jury award or settlement. If you don’t get compensation, neither do we. When you’re struggling to cope with the effects of a serious construction injury, the last thing you need is the burden of worrying about legal costs: When you choose Parker Waichman, you can focus on your recovery and let us focus on litigating on your behalf.
At our law firm, we’re committed to advocating for the rights of injury victims, and we have extensive construction law experience that you can count on. We’ve secured more than $2 billion in settlements and verdicts for our clients, and we’ll fight hard to get you the compensation you deserve. Contact Parker Waichman today by filling out our online form or calling 1-800-YOUR-LAWYER (1-800-968-7529) for your free consultation.
How Do I Get My Police Report?
Within hours of an arrest or accident, a police report is generated by the investigating officer who inputs the case information. If the case is ongoing, it may be difficult to obtain the report or you may only be able to get the “public portion” until the case has wrapped up and any charges have been filed. After the police investigation has concluded, your attorney will have access to the full police report and you can ask them for a copy. The only other way to obtain a copy of a police report is to go to your local government website and request a report by filling out a form and either submitting it electronically, via mail, or in person depending on the instructions listed on your local government’s website. There may be a fee associated with requesting a copy of a police report and it may take several days after the incident for the report to be available.
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