Construction sites are undoubtedly dangerous workplaces where employees can be exposed to endless accidents. Even after the enactment of the Scaffold law in New York, which protects site employees, construction workers sustain injuries daily at their workplace primarily because contractors ignore basic safety rules.
If you’re a Bronx resident, and you or your loved one suffers injuries caused by construction activities, such as building, painting, renovating, demolishing, and excavation, you should consult a construction accident lawyer in Bronx, NY, immediately. However, before hiring a lawyer, you should know a few things about construction site accidents.
Table of Contents
3 Common Causes of Construction Site Accidents
Falls
Falls are the most common type of construction accident and are among the primary reasons New York enacted the Scaffold law in 1855. Falls from scaffolding, ladders, cranes, and roofs are very common in construction sites, and the construction industry accounts for 46% of fatal slips and trips recorded.
These injuries are fatal and life-threatening compared to other construction site injuries. Surviving and resuming your normal life after a 30-ft fall, for example, is almost impossible. Long falls aside, even a 6-feet fall can be fatal if you land on the ground with the wrong body part.
Therefore this is the reason that courts provided a list of precautions to be taken and equipment that contractors should provide to protect construction site workers.
Contractors should provide specific equipment for certain situations. For instance, a steel scaffold should be used instead of A-frame ladders. Safety nets, hoists, sidewalk sheds, slings, and pulleys should also be used.
Ignorant Employees
Surprisingly, fall protection is the most violated OSHA construction safety standard. New York’s Scaffolding laws have clearly set guidelines for employees working at elevated heights.
The laws create standards that hold the general contractor and building owners liable for employee safety. OSHA standards also have guidelines that protect employees working higher than 6 feet above the ground.
Nonetheless, most dangerous work conditions are caused by employee negligence and subpar practices enforced by contractors, subcontractors, and construction equipment manufacturers. Poor practices place these parties at fault for the injuries sustained by construction site workers.
According to OSHA standards, employees can improve their construction safety through the following:
- They should inform new employees about OSHA safety and workplace safety standards
- They should alert other workers about unsafe conditions
- Keep the construction site free from recognizable hazards and danger-causing situations
- Ensure construction tools and equipment function optimally and are well maintained
Action Against Liable Parties
General contractors should ideally have a workers’ compensation cover that compensates employees who sustain injuries and property damage while at work.
However, if the injury results from carelessness, negligence, or wrongdoing, the injured worker is allowed to file a civil suit. In most cases, the worker’s compensation isn’t enough to cover the employees’ injuries and damages.
A third-party lawsuit holds the general contractor, subcontractor, building owner, and any other party contributing to the injuries. Injured employees can file:
- A product liability lawsuit – if faulty or improperly labeled products caused the injuries. The manufacturer may be compelled to pay for the damages and injuries.
- Fatal construction injury and wrongful death lawsuit – family members of an employee who dies from work-related injuries can seek compensation for the deadly injuries sustained.
- Construction injury lawsuit – a perfect option if the injuries were caused by wrongdoing or carelessness of a third party. In this case, victims should prove the third party was directly responsible for their workplace injuries.
You should hire an experienced attorney for guidance on the best possible lawsuit. Your lawyer will also handle settlement negotiations with insurance providers.
However, you should keep all the evidence, including medical records, photos of the accident scene and injuries sustained, witness information, and other details to help your attorney build a solid case.
Upon successful execution of the case, construction site accident victims are entitled to compensation for the following:
- Medical bills
- Lost wages
- Pain and emotional suffering
- Rehabilitation and therapy costs
- Disruption of normal quality of life
The Bottom Line
Construction sites pose severe health and safety risks for their employees. Unfortunately, general contractors and employees ignore even the most basic construction safety practices. Fatalities in the construction industry are primarily caused by falls, falling objects, and electrocution. If you or your loved one sustains injuries from construction activities, a construction attorney can help you understand your legal options.