Due to the dangers of construction sites, it doesn’t matter how many laws are enacted or how many warning signs. There are always going to be accidents because we are humans and make mistakes, and sometimes even though we are following the safety rules, incidents out of our hands happen.
In Yonkers, hundreds of construction projects equal thousands of workers who are aiming for the same objective, which is to finish their tasks without any incident. However, it’s just a matter of time before some unfortunate mistake or malfunction occurs that could injure someone.
The Ward Law Group is ready to assist those construction workers who have been injured in a construction accident. We are experts on the laws and can help you to guarantee your rights.
It is important for a victim of a construction accident to seek legal help because these accidents tend to get confusing and complicated for non-trained people.
Types of Construction Accidents
Construction projects have many phases, each with different tasks, and workers employ different tools. For instance, in one of the first phases where they must clean the land and mark the lines where they are going to place the buildings' footing, they may use machinery such as excavators and large trucks for earth-moving.
If workers are not well qualified to use such heavy machinery, they can cause accidents that may endanger the lives of their partners.
When the building they are working on has multiple levels, they require a crane on site. These machines are the ones that carry heavy materials such as blocks, steel bars, and cement, among others to superior levels.
We have seen a lot of fatalities involving crane malfunctioning or because of the lack of expertise of the crane operator. Other types of construction accidents that can be found are:
- Falls from Heights
- Machinery Accidents
- Electrical Accidents
- Scaffolding Collapses
- Trench Collapses
- Struck by Object or Equipment
Common Causes of Construction Accidents in Yonkers
There are strict rules to keep a safe environment. In theory, if all workers were not negligent and followed those instructions, they would minimize the possibility of accidents at the workplace. So, we can say that not following those rules is one of the common causes of construction accidents.
The many years that workers have in construction projects make them feel that they are not in danger because they are used to doing what they do, and sometimes, that extra confidence is the one that makes them act negligently, putting themselves at risk of losing their lives.
Accidents that can be found at a construction site are:
- Equipment Malfunction
- Safety Violations
- Negligent Supervision
- Inadequate Training
- Subcontractor Negligence
Typical Injuries Sustained
Depending on the phase of the construction, the type of the accident, and the force that the victim received, they are exposed to significant injuries that can impair them temporarily or permanently.
Those accidents bring consequences that the victim will have to face, such as financial burdens, medical treatments, and psychological issues, among others.
All construction workers must use protective gear to help them minimize the effect of any accident they may have or to avoid them. For instance, any person who enters the construction site MUST wear a helmet. This helmet has to be tested and approved by international standards to make sure it will protect the user’s head properly.
Workers at a construction site must also wear proper footwear (steel-toe boots) and wear reflective vests so they can be well visible to heavy machinery operators. There are other safety implements that workers can use depending on their specific tasks. The most common injuries sustained by construction workers are:
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Fractures and Broken Bones
- Electrical Burns
Who Is At Fault In a Construction Accident in Yonkers?
When a Yonkers construction accident lawyer analyzes an accident, they must determine who was the liable person or what circumstances caused the accident. That is an investigation that must be done by a professional.
It can be found that a defect on a tool that the worker was using caused the worker to step back and fall from a scaffold or make them lose grip on the tool and it would hit someone else, causing injuries.
There are multiple causes that could initiate an accident, and it’s the duty of your construction accident attorney to make sure to find out the exact reasons why the accident took place.
Naturally, any injured worker can present a claim on their workers’ comp through human resources offices. They will receive immediate assistance, and this insurance will cover their expenses. This insurance coverage is the reason why workers can’t file a lawsuit directly to their employers.
However, that does not prevent the injured worker from filing a lawsuit against any third party that may have caused the accident. It is known that the workers’ comp coverage pays for medical expenses, a percentage of lost wages, and some other expenses related to the worker’s injuries.
But that coverage has a limit, and it often falls short of covering everything. That is why a worker is entitled to seek extra compensation if a third party caused their injury during their job, and workers’ comp coverage is not enough.
That often happens when the injuries sustained are serious, like an amputation, a traumatic brain injury, or any other disabling injury.
What is the Statute of Limitations for Construction Accident Cases?
The statute of limitations is a law that sets a time limit on how long you have to file a lawsuit after an injury. In New York, the statute of limitations for construction accident cases is three years.
This means you have three years from your injury to file a lawsuit against the person or entity responsible for your injuries.
There are a few exceptions to the three-year statute of limitations. For example, if you were a minor at the time of your injury, you have three years from your 18th birthday to file a lawsuit.
Additionally, if you were injured due to the negligence of a government entity, you may have to file a notice of claim within 90 days of the accident.
If you fail to file your lawsuit within the statute of limitations, you will likely be barred from recovering any compensation for your injuries. Sometimes there are situations in which you couldn’t file a lawsuit for other reasons.
For example, if you can show that you were prevented from filing your lawsuit by fraud or mistake, you may be able to file your lawsuit late. This is why it is important to speak with an experienced construction accident lawyer as soon as possible after your accident.
A construction accident lawyer can help you determine if you have a valid claim and file your lawsuit within the statute of limitations.
What kind of compensation can I expect?
If you have been injured in a construction accident in Yonkers, you may be entitled to compensation for your losses. The amount of compensation you can expect will depend on the specific facts of your case, but it may include:
Medical expenses: This includes the cost of your medical care, such as doctor's visits, hospital bills, and prescription medication.
Lost wages: This includes the money you have lost due to your inability to work.
Pain and suffering: This is compensation for the physical and emotional pain and suffering you have experienced as a result of your injuries.
Disability: This is compensation for your loss of earning capacity.
Wrongful death: If your loved one was killed in a construction accident, you may be entitled to compensation for their wrongful death.
In addition to these damages, you may also be entitled to compensation for other losses, such as funeral expenses or the cost of rehabilitation.
It is important to note that you may be able to recover compensation from both your employer's workers' compensation insurance and from a lawsuit against a third party.
Workers' compensation insurance is a no-fault system that provides benefits to employees who are injured on the job, regardless of who was at fault for the accident. However, workers' compensation benefits are limited, and they may not cover all of your losses.
If you have been injured in a construction accident, it is important to speak with an experienced construction accident lawyer to discuss your legal options.
Yonkers and New York State Construction Laws
The Occupational Safety and Health Administration (OSHA) is a federal agency that sets and enforces safety standards for workplaces across the country.
OSHA standards apply to all construction sites in New York State, regardless of the size of the project or the number of workers employed. Some of the key OSHA standards for construction sites include:
All workers exposed to the risk of falling from a height of 6 feet or more must be protected by fall protection. This can include guardrails, safety nets, or personal fall arrest systems.
Scaffolding must be properly erected and maintained to prevent collapses.
Excavations must be properly sloped or shored to prevent cave-ins.
Electrical hazards must be identified and corrected to prevent shocks and fires.
Machinery must be properly guarded to prevent injuries.
New York Labor Laws:
The New York State Labor Law also contains a number of provisions that protect construction workers. These provisions include:
Right to a safe workplace: Employers must provide a safe workplace. This includes providing adequate safety equipment and training and taking steps to prevent accidents.
Right to refuse unsafe work: Employees have the right to refuse to work if they believe the work is unsafe.
Wage and hour requirements: Employers must pay their employees the minimum wage and overtime pay, and they must keep accurate records of hours worked.
Workers' Compensation Laws:
Workers' compensation is a no-fault insurance system that provides benefits to employees who are injured on the job, regardless of who was at fault for the accident. Workers' compensation benefits include medical expenses, lost wages, and disability benefits.
Get Help From A Construction Accident Lawyer
Whenever these accidents affect you or a loved one, you are entitled to seek compensation, Do not hesitate to find help from our experienced construction accident attorneys. The Ward Law Group has been helping people involved in these types of accidents.
With several years of operation, we have built a reputation of success and are ready to work tirelessly to bring justice to your side. If you don’t know who is liable and nobody at work is willing to help clarify this, our lawyers can run a thorough investigation to find the responsible parties.
We are committed to winning fair compensation for our clients. If you have any doubts, contact our lawyers at 855-DOLOR-55 for a free consultation on your case, or you can chat through our online channel.