What Financial Compensation Can I Recover After a Construction Accident?
The laws surrounding construction site accidents are complex, but they often favor the worker. If you were injured at a construction site how you recover compensation can depend on the state you live in. In some cases, you may be entitled to file a lawsuit or you can file a workers’ compensation claim, or both.
A construction accident can result in life-changing injuries that can lead to severe financial, physical, and emotional consequences for the accident victim. Determining the accident’s impact on your life can be challenging. Because of this, filing a lawsuit against a negligent third party can be the best way to recover as much compensation as possible, considering a workers’ comp claim will only cover a portion of your medical bills and lost wages.
When you hire a construction accident lawyer at Parker Waichman LLP, they can help you recover compensation for the following types of damages:
- Past and future medical bills
- Lost wages
- Pain and suffering
- Recovery expenses
- Loss of future earning capacity
- Emotional distress
- Loss of quality of life
And More.
What Are Common Types Of Construction Accident Injuries?
Some of the most common injuries sustained by construction workers as a result of workplace injuries include:
- Traumatic brain injuries and other head injuries. A head injury can be caused by a fall or as a result of a heavy object being dropped on the accident victim. A head injury can have a lasting effect, requiring multiple surgeries, a long recovery period, and in-home care.
- Spinal cord injuries. Spinal cord injuries can result in back or neck injuries that can leave the injured worker with complete or partial paralysis or chronic pain. When the construction worker sustains severe spinal cord damage, they may be disabled for life and unable to ever return to work.
- Burns. Burns can be painful debilitating injuries that cause scarring and disfigurement and may require multiple surgeries. In some cases, treatment can involve painful skin graft procedures, which are usually not covered by health insurance policies.
- Loss of limb. Limbs, toes, or finger amputations can occur when equipment or machinery malfunctions. These injuries can prevent the injured party from ever returning to work.
- Broken bones/bone fractures. A broken bone may not be life-threatening, however, some types of fractures can result in chronic pain or deformities. Fractures often require a long recovery period and extensive rehabilitation.
- Ear and eye injuries. A construction worker can also sustain eye injuries caused by being impaled by objects such as nails that were fired from a malfunctioning nail gun. Constant exposure to loud noises on a construction site can cause extensive hearing damage.
New York Labor Laws
Labor Laws 200, 240, and 241 protect construction workers and others on the job site from injury and death.
New York Labor Law 200 - Common Law Negligence
Also referred to as Common Law Negligence, Labor Law 200 requires owners of construction companies, contractors, and other parties to provide a safe work environment for construction workers and visitors by ensuring the site itself is safe and is equipped, operated, or arranged in a manner that provides workers and visitors with reasonable and adequate protection. Under this law, devices, equipment, and machinery must be guarded, placed, and operated in a way that protects workers and site visitors.
If the Labor Commissioner identifies unsafe conditions on a job site they will post a notice that warns workers and visitors of the dangers and may prohibit further work on the site until the dangerous conditions have been addressed. Through a legal proceeding, the Attorney General’s Office can step in and also enforce this notice, prohibiting the use of equipment or machinery on the site until the dangerous conditions have been corrected. Once the construction site owner, construction company, contractor, or other party has fixed the hazardous condition, they must submit a written notice to the Labor Commissioner.
The site will have an additional inspection within ten business days. If the dangerous conditions have been corrected, the notice will be removed and work can commence. If a worker is injured and can show their injury was the result of a dangerous condition on the job site that the contractor or property owner knew about or should have known about or the other party has a history of safety violations, it can support the injured worker’s lawsuit. However, unlike other labor laws, the injured worker’s own negligence is a factor.
Labor Law Section 240(1) - Scaffold Law
Labor Law 240(1), also referred to as the Scaffolding Law, or Scaffold Law, protects construction workers who are at risk of being struck by an object from a height or those at risk of falling from heights.
However, this Labor Law covers very specific types of construction work, including the erection, demolition, altering, painting, cleaning, repairing, or, pointing of a building or structure. This excludes activities that are related to decorative work, manufacturing, or maintenance. Passersby, motorists, and pedestrians are not covered under this law.
Strict liability for construction worker safety is placed on a building owner, the owner of the construction company, the general contractor, or its agent, who is controlling or directing the work being done to repair, maintain, or build a structure. The owner of a three-family dwelling or larger is automatically liable if an accident occurs, while owners of a one or two-family dwelling are excluded from liability unless they had direct oversight of a project.
Employee negligence is not taken into consideration under the Scaffolding Law and allows injured workers to recover more compensation than allowed under workers’ compensation benefits.
It is the responsibility of a building owner, general contractor, its agent (subcontractor), or a construction company to create a safe work environment, with safety measures in place that will prevent a fall. Safety measures include scaffolding that can bear weight equal to four times or more the weight of construction workers and the necessary materials, and safety railings. Construction workers must also use essential safety gear and equipment, the use of which must be enforced by the supervising party.
When a construction worker is injured from a fall or was struck by an object that fell from a height, due to a failure to ensure the safety of construction workers and the worker sustains an injury or dies as the result of this failure, the owner of a construction company, property owner, contractor, or its agent, can be sued.
Labor Law 241(6)
Labor Law 241(6) applies to workers who are involved in excavation, demolition, or construction, and also applies to the use of safety equipment. An owner or contractor is required under New York State Labor Law to take reasonable steps to provide safety provisions to construction workers. This law is similar to Labor Law 240, but focuses on safety practices of a construction site at ground level, addressing how floors are constructed during the building process, materials used, in addition to elevators, and all types of hoisting apparatus.
Labor Law 241(6) outlines how a construction site must be constructed, conducted, operated, arranged, and guarded. This law also requires workers to be equipped with the proper protection and safety equipment to carry out construction, excavation, and demolition duties. If a worker is injured, they must show that a contractor or owner did not comply with certain regulations under the New York Industrial Code and this failure resulted in the worker’s injuries. If proven liable, a contractor or property owner will be required to pay for the injured worker’s accident-related damages.
Filing a Lawsuit After Sustaining a Grave Injury
Workers’ compensation insurance typically prevents injured workers from filing a lawsuit against their employer. In most cases, the injured worker would file a claim through their employer’s workers’ compensation insurance, which pays for their medical expenses and a portion of their lost wages. New York’s Labor Laws provide additional protection for construction workers, allowing them to file additional claims against property owners, contractors, and other liable parties.
Additionally, if an employee sustains a “grave injury” they may be eligible to file a third-party lawsuit against a construction site owner, contractor, or other party if that party’s negligence contributed to the injury. The third party being sued can bring the injured worker’s employer into the lawsuit, sharing liability for damages, significantly increasing the injured party’s potential recovery.
What is Considered a Grave Injury Under New York Law?
The following is considered a grave injury under New York Law:
- Death
- Permanent and total loss of use or amputation of an arm, leg, hand, or foot
- Loss of multiple fingers
- Loss of multiple toes
- Paraplegia
- Quadriplegia
- Total and permanent blindness
- Total and permanent deafness
- Loss of nose
- Loss of ear
- Permanent and severe facial disfigurement
- Loss of an index finger
- An acquired injury to the brain caused by an external physical force resulting in permanent total disability.
New York Labor Laws and Wrongful Death
If a worker was not given any type of fall-prevention equipment, a property owner or contractor failed to comply with safety rules set by the New York Industrial Code, or a property owner, contractor, or other party failed to prioritize the safety of the worker, resulting in the accident and their fatal injuries, eligible family members may be able to file a lawsuit, in addition to recovering workers’ compensation death benefits. An experienced construction accident lawyer at Parker Waichman LLP is familiar with New York Labor Laws and workers’ compensation laws and can investigate the accident to determine whether any labor laws were violated or another form of negligence resulted in the untimely death of a loved one.
Contact Us Today
If you were injured in a construction accident that was caused by a negligent third party, you may be entitled to additional compensation. At Parker Waichman LLP, our construction accident lawyers can help you file a workers’ compensation claim, and a personal injury lawsuit, to ensure you recover the full compensation you’re entitled to for an accident that was caused by the negligence of another. Contact us today to schedule a free consultation.
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