CONSTRUCTION ACCIDENTS
Victims of construction site accidents and their families have legal rights which may entitle them to just compensation for their injuries. The law requires that construction companies ensure a reasonably safe site, develop and implement safety programs, inspect each site for safety compliance, coordinate job safety, warn of hazards related to the site and work, and prescribe the necessary protective equipment. In New York all construction workers are entitled to very strong and specific protections which ensure that if safety devices, equipment or procedures are not followed that they are entitled to damages for any injury that they receive provided it is demonstrated that the owner, general contractor or representative of the owner fail to provide the necessary safety devices. In addition owners and contractors are required generally to provide a “safe place to work.” In spite of numerous protective regulations, construction site work remains one of the most dangerous jobs in the United States today. Construction accidents continue to kill or injure thousands each year, with the majority of injuries and fatalities associated with electrocutions and falls. Other hazards at construction sites include:
- Dangerous and defective machines
- Crane and scaffolding accidents
- Mechanical and chemical handling of compressed gas
- Logging accidents
- Welding, cutting and brazing injuries
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Many construction accident or injury cases involve several potential third party defendants. Third party negligence is the legal term to assign liability for insufficient safety provisions or negligence to the construction company owners, architects, general contractors, subcontractors, and insurance providers. Construction equipment makers may also be found negligent if injuries are caused by the defective design and manufacture of their products ranging range from power tools to scaffolding to heavy equipment.
Injured construction workers are for the most part entitled to an award in their favor if their injury is elevation related. If their injury is not elevation related then they must demonstrate negligence on the part of a company associated with the construction site. In the case of construction workers injured from a non elevation related risk or non construction workers injured in or about a construction site, an injured person must prove that the injury was caused by that negligence in order for a damage award to be made. The critical elements of negligence include:
- a duty owed by defendant to the injured party;
- the defendant failed in that duty, and;
- the injury was caused by the defendants’ breach of duty and that damages resulted from the injury.
If negligent conduct is responsible for your injury at a construction site, you should obtain counsel to understand and protect your legal rights, and to hold responsible parties accountable. Substantial compensation may be in order, and it is important that construction laws and regulations are upheld in such inherently dangerous areas
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Ten steps to take if you are injured
as a result of a construction site accident
- First, remain calm and if possible move away from the hazard or instrumentality which caused or contributed to your injury.
- If practical, warn others of the condition which caused or contributed to your injury to prevent others from being injured.
- Notify your supervisor as well as other persons responsible for the site.
- Do not make statements implying that your actions contributed to the event.
- Note the identity of any person claiming to have witnessed the event or claiming to have previously complained about the hazard or the defect which caused your injury.
- Ensure that an incident report is prepared or that the event is properly documented by persons responsible for the property.
- Make notes of the time of occurrence, a detailed description of the hazard or defect which caused the injury.
- If you have a camera available, photograph the hazard or defect which caused the injury.
- Ensure that your account or any witness(es) account are included in any incident report or police report.
- Seek immediate medical attention for your injuries. Often insurance companies will disclaim responsibility for injuries when they are not properly reported, documented or treated.
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Call Grant and Longworth LLP at (914) 400-3700 for a free consultation.
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