Award-Winning Construction Accident Legal Representation
Construction accidents are unfortunately very common in a city like New York that has hundreds of construction projects underway within all 5 boroughs. If you are a construction worker that has been injured on the job, it is important to contact an attorney to take important legal action. Do not let citizenship status stop you: undocumented visitors and residents of this country have full equanimity and rights under the laws of the State of New York and the Constitution of the United States. Our attorneys speak both English and Spanish and have successfully represented and recovered millions for our clients.
Types Of New York Labor And Construction Site Accidents
Construction workers ensure that millions of New Yorkers have homes, places to work, and places to recreate. Our New York City high-rise buildings, roads, bridges, highways, tunnels, airports, apartment buildings, and gyms are due to the hard work of male and female construction workers. New York City workers like electricians, window cleaners, iron-workers, bricklayers, masons, painters, sheet metal workers, and plumbers are all essential components of what keeps New York City going each day. Unfortunately, construction work ranks as among the top most dangerous professions with the opportunity for a lot to go wrong. When a construction site is in violation with the federal Occupational Safety & Health Administration’s standards, there may be evidence of negligence. Here are the most common causes of injury and death for New York construction and labor workers.
Construction Site Burn Injury
Construction workers are very susceptible to burn injuries due to the dangerous nature of their day-to-day tasks on the job. Electric shock, the explosion of a gas line, exposure to hazardous chemicals, welding accidents, exposure to open flames/fire, pipe explosions, and more.
According to OSHA, electrocutions are the 4th leading cause of death among construction workers. Electrocution occurs when someone is exposed to a fatal amount of electricity.
Elevator Accidents on Construction Sites
Falls down elevator shafts not clearly marked as open and elevator malfunctions account for a large portion of construction site deaths. Common injuries that occur in elevator accidents are neck and back injuries, fractures and broken bones, spinal injuries, traumatic brain injuries, and death.
According to OSHA, fires and explosions kill 200 & injure 5,000 workers each year. A single spark can cause a construction site explosion or fire that can seriously injure or kill construction workers. Causes of construction site fires are compressed gas cylinders, flammable and combustible liquids, chemical explosions, pressurized container explosions, blasting agents, and more.
When a construction worker is caught in between building materials and/or equipment or crushed in a collapse. Iron-workers traditionally have high rates of caught in-between fatalities due to the nature of their work. This type of injury can occur when equipment with moving parts is not properly safe-guarded or stored. Additionally, mobile machinery has the potential to tip over and this can cause cave-ins of unprotected trenches and excavations. Serious injury or death can occur from being caught in-between or crushed on a construction site.
Fall From Heights
According to OSHA, construction site falls are the leading cause of death on construction sites and appropriate fall protection was the most frequently cited OSHA violation when they last tabulated citations during the fiscal year of 2018 (see below). In New York City, where buildings are over 100 stories high, the risks are enormous and falls can be deadly.
Struck By Object/Falling Debris
After falls, falling objects and debris are the second-leading cause of fatal accidents on a construction site according to OSHA. Anytime a construction worker is under an elevated working area, there is a risk of injury or death from a falling object. Even small objects like nails can become deadly when they fall from great height or strike a sensitive orifice.
Improperly Braced/Unprotected Holes
Serious injury and death can occur when scaffolding has not been constructed properly or when there are unprotected or improperly braced holes in flooring that cause construction workers to fall.
Ladder fall injuries can be fatal especially given the nature of the tall buildings in New York. Ladder safety violations are listed in the top 10 most cited OSHA safety violations. If a construction site is in violation of federal OSHA safety guidelines, there may be evidence of negligence.
Shores and Forms
The Most Frequently Cited OSHA Standards Violations
For the fiscal year of 2018, OSHA, the Occupational Safety and Health Administration, tabulated the most frequently cited OSHA health and safety standards violations:
- Fall protection, construction
- Hazard communication standard, general industry
- Scaffolding, general requirements, construction
- Respiratory protection, general industry
- Control of hazardous energy (lockout/tagout), general industry
- Ladders, construction
- Powered industrial trucks, general industry
- Fall Protection–Training Requirements
- Machinery and Machine Guarding, general requirements
- Eye and Face Protection
[Data is from the OSHA website:https://www.osha.gov/data/commonstats]
Nearly every item, tool or machine on a construction site is capable of causing injury. Workers routinely experience injuries due to falls, falling objects, electrocutions, crane accidents, scaffold accidents, ladder accidents, getting run over by operating equipment, forklift and welding accidents, getting crushed, and exposure to dangerous materials. Giordano Law Offices attorneys represent injured workers and their families regardless of the cause of the accident. Call us today for your free consultation: (646) 217-0749.
Important Next Steps If You Have Been Injured In A Construction Accident
Is My NYC Construction Injury or Accident Actionable By A Lawsuit?
If you or someone you love has been injured in a construction accident, you may be entitled to a monetary recovery. The New York State Labor Law in sections 200, 240, and 241(6) directly address construction accident claims. These sections are important because in the case of severe and catastrophic construction accidents, workers compensation benefits often do not adequately compensate you or your loved one for your medical bills, pain and suffering, loss of earnings and benefits, and hospital bills. New York Labor Law limits you from suing your employer for a work accident because you are entitled to a workers’ compensation claim from your employer if they have workers’ compensation insurance. However, you may nonetheless have a claim and be able to sue depending on the circumstances.
Labor Law 240(1) requires contractors and their agents to provide proper protection to workers engaged in erection, demolition, repairing, altering, painting, cleaning or pointing of buildings or structures who are using ropes, irons, braces, pulleys, blocks, hangers, slings, ladders, stays, hoists, scaffolds and other devices. These are typical “gravity related” accidents involving workers falling from heights or objects falling on workers, but there can be other types of construction accidents which were caused by gravity. Labor Law 241(6) allows workers to sue general contractors, owners, and other contractors for violations of specific regulations of the New York State Industrial Code. Labor Law 200 allows workers to sue companies for their failure to provide reasonable and adequate protection to workers on a job-site.
Construction sites are dangerous places where sometimes fatal accidents occur. Unfortunately, works are sometimes hurt on scaffolding, ladders, and hoists. While not all construction accidents allow injured parties to sue their employers, it is imperative that you contact a highly skilled New York City construction accident attorney at Giordano Law Offices today. We have a dedicated line where prospective clients can text or call us anytime: (646) 217-0749. We will never charge you for an initial consultation and we treat our clients like family. When you become a client of Giordano Law Offices, you have access to our attorneys every step of the way and our attorneys are always in touch with you to update you on the status of your case.