WERE YOU HURT IN A CONSTRUCTION ACCIDENT?

Accidents are common and serious personal injuries and death too often occur at New York City construction jobs, whether in Brooklyn, Queens, the Bronx  or Manhattan. Although construction companies are required to inspect each site with safety engineers and implement mandatory safety measures, construction workers still face a greater risk of work-related injury or death than employees in any other industry.  Every year 100s of construction workers in various trades in New York City projects area are hurt and 1000s in various trades are injured.  A New York City (Brooklyn, Queens, Bronx, Manhattan) personal injury and accident attorney or lawyer experienced in serious personal injuries sustained in construction accidents is vital.

All New York City building projects are subject to rules and regulations designed to prevent accidents and injuries. But despite safety procedures and inspections, worksite and job-related accidents happen all too frequently.  Why are construction projects such dangerous places?

Construction sites are very noisy, hectic places. The construction work site is often a chaotic place with an incredibly high amount of action taking place. Workers and machines move about in a frenzy, with everyone focused on the task at hand. In such an environment, construction accidents can and do take place.

The workers and bosses are under time pressure to finish the job pursuant to contract requirements.  Work performed too slow may have financial penalties for the trade or company that’s performing.  Work completed ahead of schedule may pay financial incentives or bonuses. In almost permanent “hurry up” mode, accidents can occur where a supervisor attempts to cut corners to save on time, leading to unsafe working conditions.

Any worker or laborer hurt in New York State is entitled to receive benefits under the Workers'
Compensation Law. Every New York employer is required to have Worker’s Compensation insurance; it is a misdemeanor to not have this insurance. Benefits available under Worker’s Compensation include having lost wages or salary paid, payment of medical or hospital bills, and, if the worker has a permanent disability, a lump sum payment. These benefits are also available to undocumented workers (illegal aliens), and those working without a green card or valid social security number or working off-the-books.  For more information on construction site accidents and injuries, clink the link to see my FREE, downloadable report.

Worker’s Compensation means that the laborer can’t sue his or her employer.  However, true and fair compensation is best obtained through a lawsuit against a third-party that might be held legally responsible or liable for the worker’s injury. So how best to recover for injuries suffered in a workplace accident?

A worker involved in a construction accident will usually have the legal right to make a claim against the contractor and/or owner of the building or land where the work was being done. Blame may fall on architects, engineers, supervisors, foremen, general contractor, subcontractors (other trades), construction manager or even municipal building inspectors. This claim may involve reliance on part of the New York State Labor Law.  N.Y.S. Labor Law carries special protection for workers injured in height-related accidents, such as falls from ladders or scaffolds, or even where loose objects fall on a worker from an elevated position.
 
If you are a union construction worker who has been injured on the job, the attorneys at Gary E. Rosenberg, P.C. can provide legal advice and representation to help you get through this difficult time. We understand how New York's Workers Compensation laws can affect union workers and are dedicated to helping workers receive the financial compensation they need after an on-the-job injury. We will work hard to make sure that your employer and its insurance company respect your rights, so that you get the justice you deserve.

My lawyers can study your union contract and determine if you are entitled of possible additional rights, benefits, and protections it may provide. You may have a contract right to a special disability pension or a special grant of sick and vacation time.  You don’t want to place your entire trust and possibly your financial future into the hands of a shop steward nor your fellow union member or, worse yet, a lawyer suggested or assigned to you by your union. You want experienced counsel that is INDEPENDENT and will fight for you without any conflicts of interests or ulterior designs. My attorneys and lawyers will dazzle the defendants in handling  your union employee construction personal injury accident.

If you’re an undocumented worker (illegal alien) there are special concerns that you should discuss with an experienced personal injury attorney or lawyer.

Most Common Types of Construction Accidents:

BRAZING ACCIDENTS

Brazing is the process of joining metals using heat and a filler metal. Brazing creates permanent and strong metal-to-metal joints. While brazing over other metal joining technologies, brazing carries some inherent risks of accidents as well. Dangerous fumes and gases may arise, and burns may occur if proper safety procedures are not followed.

BUILDING OR PROJECT COLLAPSE

Can result from careless design, improper construction, foundation collapse, over-heavy loads, or any combination. Victims caught in an accidental collapse may be crushed, killed, or injured as material and debris rains down on them. A building collapse is frequently the result of a cascade of failures.  Many trades may share blame, including architects, engineers, designers, construction and project managers, and others.

BUILDING COLLAPSE * STRUCTURE FAILURE

A structure failure takes place when a building or other structure breaks in such a way that it cannot carry as great a load as it could before failure. Structure failures can be catastrophic and result in major injury and loss of life.
Construction difficulties led to a subtle but flawed design change that doubled the load on the connection between the fourth floor walkway support beams and the tie rods carrying the weight of both walkways. This new design could barely handle the dead load weight of the structure itself, much less the weight of the spectators standing on it. The connection failed and both walkways crashed one on top of the other and then into the lobby below, killing 114 people and injuring more than 200 others.

See my blog about a Brooklyn construction worker badly hurt in a building collapse.

COMPRESSOR GAS EXPLOSIONS

There are numerous uses on a construction project for gases and mixtures of gases.  Most are stored under pressure. A compressed gas explosion is the rapid, uncontrolled release of gas.

There are three types of compressed gases: liquefied, non-liquefied, and dissolved gases.  Many gases are flammable and ignite when they explode.  Due to the inherent dangers posed by compressed gases, it is essential that compressed gas safety guidelines be followed to prevent accidents and serious personal injury.

CRANE ACCIDENTS * CRANE FALL

Crane operators handle enormous pieces of powerful machinery that can perform seemingly impossible feats. Crane operators can fall from high above the ground.  Cranes can fail, topple and fall – resulting in devastating personal injury and damage to property. Crane accident deaths can arise from a number of factors, including lightning, high winds, defective cranes, falls, electrocution, and other hazards associated with construction at heights.

Read my blog about a crane collapse accident in Manhattan and read another blog about a crane owner indicted for injuring others when his improperly repaired crane collapsed in May 2008.

DEFECTIVE CONVEYORS

Everyone knows what a conveyor belt is If you grocery shop in a supermarket, a conveyor moves your purchases to the cash register.  Commercial and construction conveyors are basically similar to the supermarket conveyor belt, but they are bigger, faster and stronger – and able to move great amounts of weight, such as construction materials.  Also, construction conveyor belts tend to be more open then, say, a supermarket conveyor belt. There is thus a greater risk of injury, particularly at “pinch points,” where a finger or hand can get caught between moving parts, and lead to severe and serious personal injury from a construction-related winch accident.  These devices must be properly assembled and maintained.

DEFECTIVE HOISTS

A centuries-old building technology, hoists lift or lower loads onto a precise location in a construction site. Hoists may consist simply of a drum or pulley to allow movement, or a rope or chain, plus a driver to provide force and strength for lifting.

Even though hoists are common and fairly simple pieces of construction equipment, hoist accidents can be responsible for some of the most serious personal injuries on a worksite. Failure of any part of a hoist can even result in wrongful death.

DEFECTIVE TRACTORS * DEFECTIVE BULLDOZERS

Accidents with defective bulldozers can include fall outs, crushing, or any number of hydraulic or electrical malfunctions.

DEFECTIVE WINCHES  

Winches are an integral part many construction applications as well as being simple tools in their own right. Defective winch accidents can occur when there is a failure of lines, wind rope, cables, and other lanyards. As a weak link in a chain of pulleys and hoists, winches failures often lead to serious winch injury accidents.

Safety rules must be enforced when operating a winch.  An experienced construction winch accident lawyer or attorney can often explain how negligence leads to a serious winch injury accident.

DUMPSTER ACCIDENTS

Large and awkward, dumpsters are most dangerous when being moved around a construction.  When they are being repositioned, there is the greatest danger of a dumpster accident.

ELECTRICAL ACCIDENTS * ELECTROCUTION

It is believed that about 350 construction workers die annually from serious electrical injury or electrocution accidents. When a construction worker’s body meets electricity, electrocution occurs. Risk of electrical injury or death increases for tradespeople who work on ladders or scaffolds or cranes near overhead power lines.

ELEVATOR ACCIDENTS * ELEVATOR SHAFT FALLS

A fall down an open and unprotected elevator shaft can lead to multiple body traumas (serious injury) or even death.  While there are cases reported cases of workers surviving elevator falls from great heights, a drop of only a single story or two can kill.  Elevator shaft falls are preventable by proper training and use of safety precautions.

Read my blog about a male resident of Jackson Heights, Queens, working on a Manhattan building owned by Columbia University, who fell from a scaffold, through a window, and to his death down an elevator shaft.

FALLS

• Most construction workers that fall, fall off of roofs.
• Falls at ground level can be caused by debris or construction litter making it hard to safely walk, especially in  dark or poorly lit areas.
• These accidents can kill, for example if someone falls on uncapped rebar.
• Falls through the ground, or a roof.  Roof fall hazards include communication tower falls, skylight falls, falls off of roof structures, falls through existing openings, and other hazards that lead to accidental injury and death.
• Falls from scaffolds, usually caused by improperly constructed scaffold, maybe missing guardrails.
• Falls from folding or expansion ladders that are incorrectly placed or have broken parts such as steps, rungs, locking bars, side rails or worn rubber feet.

Read my blog about a Manhattan worker hurt when he fell 14 feet working at One World Trade Center.

FIRES AND EXPLOSIONS

Gas explosions may be caused by an spark or flame coming into contact with a gas leak. Gas can be a silent killer, filling an area with flammable toxins while going unnoticed. When a flame or other source of ignition is introduced to a gaseous environment, a catastrophic gas explosion can occur.  There is a great risk of a burn injury.

FORKLIFT ACCIDENTS

Forklifts injured thousands of workers every year.  The three most common forklift accidents causing serious personal injury are worker-pedestrians being hit by forklifts, laborers, helpers or operators or helpers  falling off of forklifts, and forklift tip-overs. The load being lifted must be correctly balanced so that the forklift will remain stable, and not cause a forklift accident.  

Because forklifts are large and powerful, even a small design mistake or failure to properly maintain the device can make them unstable and a safety hazard.  Was someone injured by a forklift rented or leased from a construction equipment rental or leasing company? That company may share some responsibility if there’s a forklift accident.

Read my blog about a 13 year-old Queens boy who was killed when he went for a joyride on a forklift at a building supply yard.

LADDER ACCIDENTS * UNSAFE/FAULTY LADDERS

Ladders are an ancient technology for working above ground. Medieval cathedrals and castles benefitted from this building technology.  No doubt after the first ladder was employed in construction, the first ladder accident occurred shortly afterwards.

To move up and down, nothing beats a ladder. They can be made of metal or wood, but they set up and take down and can be moved quickly.

In additional to falling accidents from ladders, falls may occur from roof tops, girders, poles, through unreinforced walls; through an unprotected hole in the floor or through thin or inappropriate flooring. Guardrails, safety nets and fall-prevention systems should be in place to protect the safety of New York State’s construction workers.  When holes in flooring are not properly marked or covered, they become a serious safety risk for construction workers.

LOGGING ACCIDENTS * LOGGING ACCIDENTS

Logging accidents can be caused by the tools and equipment used by loggers as well as the danger posed by felling large trees. Chain saws, logging machines, and enormous trees are just some of the accident risks inherent in logging operations.

In addition to the obvious risks of working with sharp logging tools, other factors that lead to logging accidents include the adverse environment in which work is performed, the use of additional vehicles such as helicopters, and poor weather conditions.

NAIL GUN ACCIDENTS

Many construction workers hardly see hammers any more.  Nailguns are fast and efficient.  Nailguns are also powerful; they can drive nails into masonry and concrete.  When a nailgun misfires or misses its target, the injury can be devastating. A worker suffering a nailgun strike can feel like he or she was shot with a bullet.  The most common nailgun injury is shooting a nail into the hand not holding the gun.  

PUNCH PRESS MALFUNCTIONS

Punch presses are used in metalwork, to stamp holes through metal plates. Punch press machines utilize great mechanical force.  Operators of punch pressers must have high levels of training and skill to avoid a punch press accident.  Sometimes a punch press accident may occur through no faut of the operator, for example if the punch press machine is missing safety devices, interlocks or guards; or if the machine is improperly maintained.

See my blog about a Long Island man who lost fingers punch pressing aluminum sheets.

RUN-OVER BY EQUIPMENT

Construction projects are flurries of activities, almost like a busy bee hive.  Tradespeople and vehicles – trucks, cars, etc. – are constantly moving.
 
Special care must be taken where work is being performed by an open and operating roadway, that is open to vehicular traffic.
 
Many people have a duty to ensure safety.  Construction equipment is big and heavy. Even a momentary lapse of attention can cause a worker to get hit, struck or run over by a large motorized piece of equipment.

SCAFFOLDING COLLAPSES * SCAFFOLDING FAILURE

Almost as ancient a technology as ladders, scaffolds helped build the pyramids ion Ancient Egypt.  Scaffolding is a temporary framework; it holds construction workers and their materials for repair and construction performed above ground.  Scaffolds can be built very high.  If not properly constructed, they can be unsafe. A scaffold fall from high up can be fatal or lead to head and brain trauma, spinal injury and fractured bones.

A recent study found that 72% of workers injured in construction scaffold accidents blamed the planking or supports giving way or the employee slipping or being struck by a falling object.  

The injuries sustained from falling objects may range from minor scrapes and cuts to concussions, blindness, or even death. Tools, lumber, bricks, and other objects can drop and cause serious injury or death.  Even a small hand tool when accidentally dropped from a height can lead to a devastating falling object injury.  There are a wide range of safety precautions that can be taken to minimize the occurrences of falling objects at a construction site – such as safety nets and guardrails – but tools and equipment may still become airborne missiles that not even a hard hat can protect against.

Most scaffolding accidents can be avoided through proper training and preventative measures. You need an expert construction lawyer to represent you, whether you were hurt while working on a mobile scaffold, baker scaffold, suspension scaffold, pipe scaffold or scissor lift.

New York’s special Labor Law is designed to protect workers who are injured while working at heights.  Labor Law Section 240 requires owners of buildings and general contractors to provide proper safety protection for all construction workers performing height-related jobs.  You need an experienced New York personal injury construction accident attorney to make sure that every legal advantage is applied in your favor in your personal injury lawsuit.

Read my blog about a Brooklyn man killed when his scaffold was blown over.

SUPERVISOR NEGLIGENCE

Construction supervisors have a great deal of responsibility. In addition to managing project deadlines, supervisors must ensure that safety protocols are adhered to. A supervisor’s failure to force construction workers to follow safety procedures can lead to serious personal from an accident, and even death on the job.

TRENCH COLLAPSE * TRENCH COLLAPSES

Trenches are where things are buried below ground for construction.  Commonly used for pipes, wires, utilities and cables. The deeper the trench, the more potentially dangerous.  Deeper trenches need skillful, professionally placed side supports to prevent horrible injuries that occur when a trench collapses, and a worker can be buried alive. Failure to follow safety measures can leave a contractor or sub-contractor liable for a trench collapse serious injury and accident.

UNSAFE/DANGEROUS CONSTRUCTION EQUIPMENT ACCIDENTS

Among the potentially dangerous tools and machinery known to kill construction workers are forklifts, nail guns, cranes, backhoes, table saws, punch presses and jackhammers. Gary E. Rosenberg, P.C., construction attorney, can review the events leading to your accidental injury, for example:

•   Did the chemical storage container have adequate instructions or warnings? Was there ventilation?
•   Did the punch press have proper safety interlocks?
•   Was the backhoe properly maintained and inspected?
•   Did that brand of nail gun have a history of misfiring?
•   Did the table saw have necessary safety guards? Did they work?
•   Was the forklift equipped with a seat belt?

WELDING ACCIDENTS

Welding can be dangerous. Welding accidents can come from ultraviolet light, welding fumes, noise, or sparks. Due to the wide variety of welding accidents, recovery time from serious welding injuries vary from individual to individual.   Also, welders can be exposed to electricity, gases, high temperatures and, toxic fumes.  These pose serious health risks and risk of serious accidental welding injury to welders.

Welding uses very high temperatures, and there is a serious risk of severe arc burn injury to welders. To prevent welding burn accidents, welders wear special protective clothing that protects from heat. Welders also must wear special goggles and helmets to protect their eyes, faces, and heads from burn injury damage.

Arc burn accidents can affect workers laboring near welders. Where arc welding is taking place there should be transparent welding curtains in place to protect non-welders from the heat and ultraviolet light of welding.

SINCE YOU CAN’T SUE YOUR EMPLOYER OR COWORKER, WHO CAN BE HELD LIABLE FOR A CONSTRUCTION SITE INJURY?

Persons involved in the construction project such as:

•   landowner,
•   architects and engineering professionals,
•   contractors (including general, "prime," and sub-contractors),
•   construction managers, and,
•   equipment and material manufacturers, fabricators, and suppliers.

In assigning responsibility for injuries suffered in a construction accident the main factors are: (1) the extent of a potential party's control over the premises on which the work is being done, and, (2) the degree of their control over the work itself.

WHAT TO DO IF YOU’RE HURT IN A CONSTRUCTION ACCIDENT:

    -Report the accident and injury to your employer and/or construction site supervisor;  write down the name and title of each person notified, and the date that you notified that person.  Ideally, you will give notice on the same day as the accident took place.

   -Get the names and telephone number (and addresses, if possible) of witnesses.

    -Try to preserve evidence.  Take cell phone photos or, if you’re not able to do so, have a friend or coworker on the construction project take photos.
    
    -Get to a doctor or hospital.

    -After you are medically stable, and the emergency has passed, you need an experienced construction accident lawyer.  Construction injury accident cases can be won or lost based on investigation conducted by your lawyer–before a lawsuit is even started.  The sooner you hire a qualified attorney, the sooner he or she can start protecting your rights.

For your serious personal injury, you need legal representation from a qualified personal injury attorney.  Contact us for your free consultation.

Law Offices of Gary E. Rosenberg, P.C.

(718) 520-8787