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Frequently Asked Questions about Construction Accidents

Q: How do I take steps to assert my rights to a safe workplace?

A: If you feel that your workplace is unsafe, your first action should be to make your supervisor aware of the danger, then follow up in writing. If you are still unsuccessful in getting the safety hazard corrected, you can file a complaint at the nearest OSHA office. You can refer to OSHA's website at http://www.osha.gov.

Q: If I'm injured while working on a construction site, can I get more than just workers' compensation?

A: Your financial recovery against your employer may be affected by Workers' Compensation laws, but remember that other parties may be legally responsible for your injuries, including third-party contractors, property owners, or equipment manufacturers. Your recovery from those parties will not be affected by Workers' Compensation laws.

Construction workers must deal with some of the most dangerous working conditions faced by employees in any industry, and serious work-related injuries at construction sites occur with an unfortunate frequency.

New York Construction Accident Information

Since the 19^th Century, New York’s “Scaffold Law” has provided extra protection for victims of construction accidents. If you were seriously injured in a New York City work site accident, whether in construction or some other occupation, it is important to identify all sources of compensation for your injury.

To arrange a free consultation, contact our personal injury firm in White Plains. Attorney Daniel A. Kalish has over 20 years of experience and will explain your rights.

Construction Accidents - An Overview

Whether on a small project for an individual homeowner, or for a major commercial development, construction workers must deal with some of the most dangerous working conditions faced by employees in any industry. As a result, serious work-related injuries at construction sites occur with unfortunate frequency. Regulations, specifications, inspection requirements, and job safety programs all seek to prevent construction site accidents and promote safety awareness on the part of all parties involved in a construction project. But despite these important efforts to deal with the challenge of construction site safety, accidents occur and will undoubtedly continue to occur, due to both the nature of the work itself and the variety of hazards faced by construction workers. These hazards include falls from scaffolds and other elevations, being struck by moving or falling machinery, electrocution, health hazards resulting from exposure to asbestos and chemicals, injuries caused by defective or unsafe equipment, and lifting and repetitive motion injuries.

The Construction Industry At A Glance

An understanding of the facts and trends related to construction employment and on-the-job safety will help you understand the context in which your construction injury claim will be presented and considered. This overview of the construction industry will provide you with information and statistics as to employment and job injury trends in the trade nationwide. If you or your loved one has suffered injuries as the result of an accident at a construction site, consult an attorney to learn your rights to compensation. A lawyer experienced in construction site accident litigation can help you learn what your rights are.

Scaffold Injuries & New York's "Scaffold Law"

The Occupational Safety and Health Administration (OSHA) has estimated that 65% of the construction industry works on scaffolds frequently, so it is not surprising that some of the most common accidents at construction sites involve scaffolds or other types of lifts, hoists, or ladders. These accidents are typically the most serious in terms of severity of injuries, which can result from construction workers' falls from defective, improperly installed, or unreasonably safe scaffold equipment; an employer's failure to ensure the use of protective equipment; and by objects falling onto workers from scaffolds, lifts, and ladders.

Workers' Compensation

If you have been injured while working at a construction site, your financial recovery may be affected by Workers' Compensation laws, depending on your employment situation and the degree of liability on your employer's part. Following is a brief examination of the typical Workers' Compensation procedure, but remember that your attorney will determine the extent of your employer's liability. Keep in mind that parties other than your employer may be legally responsible for your injuries (such as third-party contractors, property owners, or equipment manufacturers) and your recovery from those parties will not be affected by Workers' Compensation laws. If you or your loved one has suffered injuries as the result of a construction accident, consult a workers' compensation attorney to learn if you qualify for compensation. A lawyer experienced in and workers' compensation can help you learn what your rights are.

OSHA & Employee Workplace Rights

OSHA safety standards and regulations apply to work at construction projects, so it is helpful to have a general idea of your rights under OSHA as an employee at a construction job site. If you or your loved one has suffered injuries as the result of a construction accident, consult an attorney to learn about your rights regarding compensation. A lawyer experienced in construction accident and injury litigation can help you learn what your rights are.

Construction Accidents Resource Links

OSHA - Employee Workplace Rights
From the Occupational Safety and Health Administration. What to do if you question the safety of your workplace. Lists addresses and phone numbers for more information.

OSHA - Construction Scaffolding
Overview, press releases, links, OSHA standards and regulations, and a "Scaffolding eTool", which provides illustrated safety checklists for specific types of scaffolds and identifies hazards.

National Institute for Occupational Safety and Health
The National Institute for Occupational Safety and Health (NIOSH) is the Federal agency responsible for conducting research and making recommendations for the prevention of work-related disease and injury.

Our personal injury law firm serves residents of New York’s 5 boroughs (Manhattan, Brooklyn, Queens, the Bronx, and Staten Island), Westchester, Rockland, Orange, Yonkers, Mount Vernon, Peekskill, Dutchess, Putnam, and White Plains. We also handle claims and lawsuits for New York residents who were injured in another state. If we are not the best firm to handle your particular matter, lawyer Daniel A. Kalish will be happy to refer you to a well-qualified colleague.

We charge no attorneys’ fees unless you recover damages.

Construction Accidents Information Center