Bronx Construction Accident Attorney

More than 1.6 million people held a job as a construction worker in 2018, according to the most recent data published by the Bureau of Labor Statistics (BLS). Whether working at a construction site or a private home, these workers face enormous on-the-job risks every day. They frequently use heavy equipment, dig trenches, work on scaffolding, and several other tasks that put them at risk of serious injury or death. 

In a separate report covering the entirety of 2018, the BLS indicates that 1,008 construction workers died. Slips, trips, and falls accounted for the most fatalities, with 338 occurring in that category. In terms of injuries, the BLS reports that three of every 100 construction workers sustain a serious injury every year.

Speak to Our Experienced Construction Accident Lawyers to Understand New York Law

If you have a spinal cord injury, brain injury, or other types of serious injury caused by your work in the construction industry, we recommend scheduling a free consultation with a construction accident attorney at our law firm. Raphaelson & Levine has successfully represented thousands of injured construction workers in your situation. We also serve families who have lost a loved one to wrongful death from a construction accident. 

Because you cannot always depend on your employer or its insurance company to come through for you, it's imperative that you meet with a Bronx construction accident lawyer from our law office as soon as possible. Construction accident victims deserve to know their legal options. Our personal injury attorneys will see to it that you know exactly what you can do to pursue financial compensation for your serious injuries. Please contact Raphaelson & Levine today at 212-268-3222.

Construction Accident Lawsuit Liability

New York established a Workers' Compensation system to allow injured workers to receive payments and medical benefits while they recover. Due to the inherent risks facing construction workers, the New York legislature added three sections to Workers' compensation law that specifically covers employers and general contractors’ obligations to keep them safe. Workers' compensation is a no-fault system, which means the employee can still receive benefits even if they caused the accident that leads to serious injuries. This is not true in personal injury cases.

New York is a comparative negligence state when it comes to assigning liability for a serious injury. If you were to file a typical personal injury case and not a Workers' Compensation case, your construction accident attorney and the other party's attorney would negotiate liability percentages. You can still file a personal injury claim if your actions contributed to the accident but would not receive the full amount. The lawsuit proceeds would reduce by the percentage of blame assigned to you. The best way to prove your employer’s liability, work site supervisor, or another party is to file your injury claim under one of New York's labor laws.

Labor Law 200

Also known as the Common Law Negligence Rule, this labor law holds owners of construction companies and general contractors accountable for providing a reasonably safe construction worker environment. This portion of workers' compensation law covers working with heavy equipment and machinery. 

Labor Law 240

Construction workers and employers refer to this labor law most often as the scaffolding law. It protects construction site workers who frequently work with scaffolding by providing financial compensation if they fall or an object strikes them and causes serious injury.

Labor Law 241

This New York labor law pertains specifically to construction workers who demolish buildings and excavate dirt. Section 241 requires employers and general contractors to take reasonable safety precautions and provide construction workers with safety equipment to help prevent serious injury.

Several parties could share responsibility for causing your job site accident. Engineers, equipment manufacturers, and subcontractors are just some possibilities in addition to employers and general contractors. Determining liability in your case requires an experienced attorney who has represented other injured construction workers and knows how to obtain maximum compensation. That is what you can expect when you receive legal representation from Raphaelson & Levine. Please don't hesitate to contact us today at 212-268-3222.

OSHA’s Fatal Four

Recently, the Occupational Safety and Health Administration (OSHA) indicated that 21-percent of all fatal workplace accidents happened in the construction industry. The agency has gone so far as to label common causes of construction accident deaths as the Fatal Four. These include:

  • Falls 33.5 percent
  • Struck by an object 11.1 percent
  • Electrocution 5.5 percent
  • Caught-in-between, which refers to construction workers becoming trapped or crushed between two objects or having a structure fall on top of them

Not surprisingly, OSHA reported that these construction site fatalities were preventable and that those responsible for ensuring construction workers’ safety committed numerous violations in 2018.

Here are the top 10 safety violations cited by OSHA that caused serious injury and death for construction workers:

  • Failing to provide adequate training about common construction site hazards
  • Failing to erect safety guards around construction equipment.
  • Failing to provide proper respiratory equipment for construction workers.
  • Failing to provide proper safety equipment for the eyes and face
  • Failing to secure collapsible structures or prevent tripping hazards that cause construction workers to fall
  • Improper control of hazardous energy leading to lockouts and tagouts
  • Improper use of ladders on construction sites
  • Lack of proper training on fall prevention.
  • Not meeting OSHA's general requirements for placing scaffolding
  • Unsafe operation, repair, or maintenance of vehicles used in construction projects

At Raphaelson & Levine, our construction accident attorneys feel there is no good reason for any of the above negligent actions that threaten construction workers’ life and safety. Despite the higher risk of injury or death in the construction industry, you are not wrong to expect those who supervise you to create a reasonably safe work environment. New York Labor Law backs you up on that. If you feel that one or more parties caused your serious injuries due to recklessness or negligence, call Raphaelson & Levine at 212-268-3222 to start the process of filing a personal injury lawsuit. It’s also a possibility you have a valid product liability or wrongful death case; our experienced attorneys will review your case in detail and provide recommendations for moving forward.

Common Types of Construction Accidents in the Bronx

Construction workers can sustain serious injury in numerous ways. To expand on OSHA's Fatal Four, a fall from a ladder, unfinished building, or roof can cause a brain injury or broken bones that require months of medical treatment. Falling through holes in floors is common enough for OSHA to require employers to cover the hole and put a warning sign near it.

Electrocution injuries often occur due to construction workers handling live electrical wires that no one took the time to ground to prevent a serious injury. Sloppy safety standards are also factors when construction workers suffer electrocution from contact with high-voltage equipment used on the job.

Construction workers face serious risk when they fall from a high surface, they can also sustain injuries when an object falls on them. Some of the most common falling objects include:

  • Building debris
  • Collapsing cranes and materials that drop from them
  • Drywall
  • Pipes
  • Power tools
  • Steel girders

Forklifts accidents are a common cause of caught-in-between construction site injuries. Driver inexperience and improper loading of materials can cause materials to fall and crush the construction worker. Miscellaneous building materials and other types of heavy equipment also cause a disproportionate amount of accidents at construction sites. 

You may have suffered a construction injury due to equipment malfunction or not receiving training to operate it properly. Whether it's a blowtorch, cement mixer, circular saw, conveyor belt, or nail gun, you should not use construction equipment until you have received extensive training and have adequate safety gear. Any party who pushes you to do otherwise could face liability in your personal injury claim. 

Weather-related health conditions like heat stroke and frostbite can develop with construction workers when they have no choice but to work in uncomfortable outdoor settings for more than eight hours a day. Your superiors should always exercise caution regarding the weather and err on the side of worker safety.

Trench collapses and construction workers struck by vehicles are also typical causes of serious injury within the industry. Regardless of the type of construction injury you received, an experienced personal injury and workers' compensation attorney from Raphaelson & Levine is available to assist you now.

Free Consultation with our Top Bronx Construction Accident Lawyers

Life can get quite stressful when you have medical bills piling up, you cannot work, and it seems you must fight your employer to do the right thing. We understand because we have secured successful settlements for numerous construction workers in the New York City area, such as a $1.35 Million settlement for an elevator worker struck by a counterweight.

Raphaelson & Levine assists injured construction workers in Manhattan, Brooklyn, Queens, NYC, Staten Island, Long Island, and the entire county of Westchester, New York. Call us today at 212-268-3222 to learn more about filing an injury claim, and schedule your free consultation.


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