New York Construction Accident Lawyer
Constructions workers face a wide variety of work site hazards and a greater risk of work-related injury or death than employees in any other U.S. industry. Thousands of construction workers and day laborers are seriously injured or killed on the job each year.
The skilled construction accident attorneys at David Resnick & Associates, P.C., offer a free initial evaluation of your NYC construction accident claim and an explanation of your legal rights. Call David Resnick & Associates, P.C., now or use our online form.
Our construction accident attorneys will negotiate a prompt, fair and just settlement of your injury claim or fight aggressively to ensure that you receive full compensation in accordance with the law.
Causes of Construction Deaths
A fifth of all workers who die in workplace accidents are construction workers, according to the U.S. Occupational Safety and Health Administration. The leading causes of worker deaths on construction sites include falls, electrocution, being struck by objects and crushing accidents.
A total of 751 construction workers died in accidents in a single recent year, and approximately 88,000 workers suffered non-fatal injuries, including head injuries, back injuries, musculoskeletal injuries and loss of limbs.
A significant number of construction worker injuries require extended absences of a month or more away from work. And some construction accident injuries leave victims disabled or unable to handle the physical demands of their former job.
Protecting Injured Construction Workers
The State of New York has special laws to protect workers involved in construction-related accidents, because they are at risk every day, due to the dangerous nature of the job.
Construction site accidents include:
- Scaffolding accidents
- Roof-related falls
- Falls from elevated work surfaces
- Workers hit by falling objects
- Trench collapses
- Fire and explosions
- Machinery accidents
- Crane and vehicular accidents
- Forklift accidents
- Equipment failure
- Failure to provide safety equipment
- Welding accidents
- Industrial gases
Workers injured while working at a construction site may be allowed to sue the owner, its agents and contractors for all damages sustained as a result of harm to the worker. Workers’ compensation laws may affect your financial recovery depending on your employment status and the degree to which your employer is found liable for your injuries.
Parties other than your employer (such as third-party contractors, property owners or equipment manufacturers) may be legally responsible for your accident. Workers’ compensation laws will not affect your ability to recover from anyone at fault besides your employer.
Injured workers are permitted to file lawsuits for construction site injuries in addition to receiving workers’ compensation benefits. You may claim compensation for past and future lost earnings, pain and suffering, past and future medical expenses, loss of benefits and other types of damages. A New York construction accident attorney can help.
Construction’s Fatal Four
Construction is a dangerous industry, and many workers sustain serious or fatal injuries on construction sites. While there are many hazards, the Occupational Safety and Health Administration (OSHA) has identified the four most common types of incidents on construction sites that can result in the death of workers. These are referred to as construction’s “fatal four.”
Data from OSHA indicate that many of the top causes of injury are also the top reasons for employers to be cited for workplace safety violations. In many cases, a death on the job could have been prevented if proper care had been taken.
According to OSHA, the top four causes of death for construction workers in one recent year were:
- Falls. Falls accounted for 278 out of 775 fatalities in the construction industry.
- Being struck by an object. Seventy-eight deaths occurred when workers were hit by an object. These deaths accounted for 10 percent of all fatalities in the construction industry.
- Electrocution. Electrocutions caused 66 fatalities, or 9 percent of all construction worker deaths.
- Becoming caught in or between things. This includes accidents such as those involving a worker becoming trapped in equipment. A total of 13 trapped workers died in these kinds of accidents, and trapped workers accounted for 2 percent of all construction fatalities.
Together, these “fatal four” causes of injury accounted for almost 3 in 5 workplace deaths among construction workers. OSHA has said that “eliminating the Fatal Four would save 435 workers’ lives in America every year.”
Fatal Four Injuries Overlap with Common Causes of Safety Citations
Safety violations commonly lead to falls, electrocutions and being struck by or caught between objects. OSHA reported that there were 8,241 citations issued in a single recent year for violations of fall protection standards, and another 3,311 violations issued for ladder safety issues.
Failure to comply with electrical standards was also one of the top reasons for OSHA to issue citations. Electrocutions also made the list of the fatal four injuries.
Employers in the construction industry must take responsibility for identifying the reasons so many workers die of these fatal four injuries and must do more to make workplaces safer.
Wrongful Death and the Fatal Four
Whether a construction worker dies as a result of the fatal four or because of other accidents on the job, the surviving family members have legal rights.
Family members can pursue a workers’ compensation claim to receive survivor benefits. If a third party was responsible for causing a workplace death, a wrongful death claim may be pursued for additional compensation. New York law also has special rules for scaffolding accidents, holding contractors, property owners and agents responsible for safety issues with scaffolding.
Contact a New York Construction Accident Lawyer
At David Resnick & Associates, P.C., our NYC wrongful death attorneys represent family members whose loved ones lost their lives due to construction accidents. We are experienced with these difficult cases and can use our legal knowledge to maximize your compensation.
Call or contact us online today to learn how we can help.