Articles Posted in Construction Accidents

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If you suffered an accident while working at your construction job, you may have many questions. Can I seek compensation for my harm? If I can, whom should I sue for damages? How long do I have to take action? These are all useful questions, and the answers to them can help choose a legal option that’s right for you. To find out the answers to these and more questions about your case, consult a skilled New York construction injury attorney.

An accident case from Broome County provides an example of a worker’s successful litigation. Daniel was an employee of a masonry subcontractor when he suffered his injuries. He was setting up a scaffold as part of a college dormitory renovation project when a truck tire rim fell from the dorm’s roof and hit Daniel in the head. The roofing subcontractor had placed the rim on the roof, supported by a safety warning barrier that notified rooftop workers they were near the edge of the roof.

The roof was several stories up, and the rim weighed 25-30 pounds, so the impact with Daniel’s head was substantial. Daniel filed a lawsuit alleging that the general contractor and the roofing subcontractor were liable for his injuries. He had two bases for his claim for compensation. One was Section 240(1) of the Labor Law, which allows injured workers to recover damages as a result of a “elevation-related risk” that caused the worker’s injuries. The other was Section 241(6), which allows workers to pursue compensation if a violation of the Industrial Code (which is a set of workplace safety rules established by the State of New York) took place and led to the accident.

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Construction workers in New York have to work with a wide array of devices, ranging from simple ladders to heavy machinery. The law requires that you receive equipment that is in a safe working condition. If that isn’t the case, and you get hurt as a result, you may be entitled to compensation. To discover more about your options regarding your construction injury, get in touch with a knowledgeable New York construction accident attorney about your situation.

One example of this type of case was the lawsuit pursued by a construction worker named Wanderlei. In 2015, Wanderlei was working a project repainting a bridge that spanned the Hudson River south of Albany. The project called for sandblasting the old paint from the bridge in advance of repainting it. Wanderlei’s job consisted of vacuuming up the steel “shot” or “grit” that was used in the sandblasting process.

On his second day on the job, Wanderlei was hurt. The hose he was using to vacuum detached from a larger hose. This disconnection allegedly jerked the man forward, causing him to step on some of the grit beneath him. He then slipped and hit his head on a bridge appurtenance.

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In your construction accident case, sometimes it may be the seemingly smallest or most insignificant things that can make big differences in the outcome of your case. That can be especially true when it comes to the analysis of your injury. Sometimes, the difference between being involved in an activity covered by the Scaffold Law and performing an act that is not covered can be very slight distinctions. To make sure that you have the information and evidence you need to obtain compensation for your construction accident injury, retain an experienced New York construction injury attorney to represent you.

One example of the importance of “sweating the small stuff” was the case of Miguel, a welding assistant. Miguel’s job was to create and install a waste disposal container and install it on a property in Brooklyn. He and his co-workers had already moved the container from a flatbed truck to a dolly and were preparing to roll it when the container fell off the dolly and landed on Miguel’s ankle, causing him significant injuries.

The worker launched a lawsuit to recover compensation for his damages under New York’s Labor Law. Specifically, Miguel argued that the accident demonstrated a violation of Section 240(1). The property owner sought to have the judge throw out the worker’s case, asserting that the activities that Miguel was completing were not covered under the Section 240(1) statute, The owner argued that Miguel was just engaged in the work of delivery and installation and that these tasks are not among those listed in the law. The owner’s argument compared Miguel’s work to that of someone doing “cosmetic maintenance or decorative modification.”

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Unfortunately, construction accidents in New York happen much more often than they should. Statistics have shown that, in recent years, construction deaths have again spiked. Safety at construction sites should be everyone’s top priority. When proper safety protocols aren’t followed, and a worker gets hurt, the law here in New York may give him or her the opportunity to recover compensation for the harm suffered. To learn more about your rights and options if you’ve been injured at your construction job, you should contact an experienced New York construction injury attorney.

A tragic example of such an accident, reported by the New York Daily News, took place recently in Queens. The worker, Edgar, was an immigrant from Ecuador and working on a luxury high-rise construction project when he suffered his fatal accident. Edgar, who was an employee of a window company, was part of a team using a forklift vehicle to transport a stack of windows to a garage for storage. Edgar was standing on the rear portion of a forklift driven by a co-worker when a window fell on him. The impact crushed Edgar’s head, and he died.

According to the Daily News report, Edgar was often troubled by the lack of attention to safety at the site. “He used to say it was very dangerous to work there… He was afraid of dying. He always complained about it,” the victim’s brother-in-law told the news source. A “stop work” order had been issued for the site, but those orders don’t apply to the moving and storage of materials, which was the task Edgar was doing when he died.

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There are multiple different ways to achieve an appropriate recovery for your construction injury. Depending on the facts of your case, you may need to proceed by utilizing a claim under one of the sections of the New York Labor Law, or your case may allow you to bring multiple claims under different sections of the law. Either way, your construction injury case may potentially entitle you to compensation. To learn more about your rights, talk to a knowledgeable New York construction injury attorney.

An example of an injury that allowed a worker to advance multiple claims was the workplace accident case of a man named Gerson. Gerson was employed by a contracting firm and working on a job at a New York City Housing Authority (NYCHA) housing project in the Astoria neighborhood of Queens when he was injured in April 2014. At that time, Gerson’s job consisted of standing on top of a sidewalk bridge and handing wooden planks to his co-workers. While transporting a plank, Gerson tried to re-adjust that plank on his shoulder, lost his balance, and fell off the sidewalk bridge. Gerson fell on the side with no panel walls, so he fell shoulder-first onto the ground below.

The fall injured the worker, so he sued for compensation. When you, as a construction worker, are working on a job, there are certain legal obligations that the law imposes on both the owner of the property where you’re working and the general contractor on the project. These duties relate to providing workers with a safe place to work and also providing them with the safety equipment and protection devices they need to protect them from certain types of harm. One of these sets of harms includes “gravity-related” risks, which can mean something falling on a worker or a worker falling from a height. This is stated in Section 240(1) of the Labor Law.

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Working in the construction industry can be dangerous. If you are injured while you’re working at your construction job, you may be entitled to compensation. In order to achieve that successful result, though, you’ll need to prove that the place where you were hurt was part of the construction site. In some situations, New York may provide for a flexible definition of what constitutes a construction site. Obtaining a favorable result, then, may depend on whether or not you can persuade the court that the place where you got hurt qualified as a construction site. Clearing these and other hurdles can often be more achievable if you have the knowledge of an experienced New York construction accident attorney on your side.

An example of this “construction site” issue was an injury case involving Jan, a construction worker at a building on Broadway in Manhattan. While cutting a piece of plywood to be used as part of the renovation of an executive bathroom, Jan’s thumb came into contact with an unguarded table saw. Jan suffered a substantial injury to his thumb.

Jan sued both the building owner and the tenant whose bathroom he was working on renovating. When you’re injured in a manner like Jan, you may have various options available to you in order to recover the compensation you deserve. One avenue, which is the one that Jan pursued, is a law that requires building owners and general contractors to “provide reasonable and adequate protection and safety to” construction workers at the site.

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When you are injured working at your construction job and decide to pursue a legal claim for the harm you suffered, you may face many types of hurdles. One of these may be a defendant who tries to place the blame for the accident on you by asserting that you wrongfully failed to follow proper procedures or instructions. These types of arguments are not uncommon in construction accident cases and highlight why it’s important to make sure you have a skilled New York construction injury attorney representing you in your case.

One New York electrician’s injury case was an example of a situation in which a worker faced such a challenge. The electrician’s job on the date of his accident was to complete the installation of a transformer. The transformer was located in a closet and suspended from overhead by four rods. The electrician was standing on a ladder and trimming the rods when the transformer crashed down and hit the electrician in the head. That impact caused the electrician to fall off the ladder and crash to the ground. That impact with the ground left the electrician unconscious.

The electrician sued for the injuries he suffered. He based his case on Section 240(1) of the Labor Law. While that law is commonly known as the “Scaffold Law,” it applies to a variety of workers, including those using “scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices.” In other words, the electrician’s case, as a worker working on a ladder when he suffered his fall and injuries, clearly amounted to a claim that fell under this statute.

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Sometimes, you may have a wealth of proof to support your claims in your injury case. At other times, however, your case may be more challenging. If you don’t have a dozen eyewitnesses who can all back up your description of the events that led to your injury, don’t make the mistake of believing that this absence means you cannot succeed in your case. Always consult with an experienced New York construction injury attorney about your case. Some injured plaintiffs are able to achieve a winning outcome even without extensive witness testimony, as one injured construction worker’s case recently demonstrated.

When you decide to pursue a construction accident lawsuit, there may be various types of successful outcomes, with some being more beneficial than others. One of the most beneficial outcomes you can achieve is to hold a contractor or a site owner liable using something called a motion for summary judgment. If the judge grants you a summary judgment, that means that the parties you sued are considered liable “as a matter of law,” which in turn means that you do not have to go through a full trial on liability, and you can simply proceed to proving the amount of damages you should receive.

Pedro was a construction worker working in Manhattan. One day, while moving sheetrock, Pedro fell and suffered serious injuries. At the time of the accident, Pedro had stood on top of a sidewalk shed, and that shed collapsed beneath him, causing him to fall to the sidewalk below.

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Working in the field of construction can be a dangerous way to earn a living. While there are some situations in which accidents happen (and injuries result) due to no one’s improper action or inaction, at other times that’s not the case. In certain circumstances, a worker’s injuries may occur because that worker wasn’t provided with a safe workplace. When that happens, the worker may be entitled to recover a money judgment due to the violation of New York laws regarding safety at construction sites. An experienced New York construction accident attorney can provide you with the representation you need if you’ve been hurt on the job at a construction project.

An example of this type of case was the injury lawsuit filed by Richard, an electrician working on a home renovation project in Westchester County. One wintry day, Richard slipped and fell on an icy portion of the driveway that led to the front steps of the home. The electrician sued the homeowners and the general contractor on the project. The homeowners were residing outside New York when the electrician’s accident took place.

There are several statutory sections in New York’s Labor Law that may allow you to win a construction accident lawsuit and recover damages to compensate you for the harm you suffered. In your construction accident case, it is important to assert as many legitimate bases as possible for recovery, in order to give yourself a good chance of success.

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New York law says that you, as a construction worker, are entitled to certain safety protections on the job. If you aren’t provided that level of safety, and you get hurt at work, you may be entitled to seek compensation from the contractor and the project owner. If have been hurt at work because you were provided with equipment or a device that didn’t function properly, you should contact a New York construction accident attorney promptly because you may have a case under New York’s Labor Law.

An example of this type of case was an injury suffered by a man named Michael, who had a job as a laborer working on a Manhattan construction site owned by a university hospital. While working at this job, the laborer suffered a significant injury to his foot. Part of the man’s job involved removing construction debris from the worksite. The laborers accomplished this task by placing the debris in a wheeled “mini container” and then rolling those containers to a hoist, which lowered the containers to street level, where another company’s employees would empty the containers and return them to the laborers.

The injury took place when a container loaded with 500-800 pounds of debris rolled over the man’s foot. In his testimony, Michael stated that, shortly before the accident took place, he noticed that the container wasn’t moving as it should. It wasn’t rolling freely but would start and stop. In an attempt to move the stuck container, Michael pulled hard on it, and that sent the container’s wheel over his foot.

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