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Brooklyn Construction Accident Lawyer

It is not a secret construction is categorized as one of the most dangerous fields to work in. OSHA reports one in five job-related deaths occur in construction. Specifically, in New York City, in the construction industry, 2018 saw its most dangerous year in a decade and 2019 is also turning out to be a tragic year for construction workers.

Despite these risks, every day thousands of New York workers head to their job sites to help build and repair structures in the five boroughs. Employees understand the construction hazards as they arrive on-site, but this doesn’t mean they don’t have rights.

“If you, or a loved one, have suffered due to an accident that occurred on a construction site, the construction accident attorneys at O’Dwyer & Bernstien are here to help you.”

Brian O’Dwyer – Construction Accident Lawyer – O’Dwyer & Bernstien

Types of Construction Accidents

The construction industry is plagued by what the U.S. Occupational Safety and Health Administration (OSHA) calls “the fatal four.” OSHA has compiled the statistics associated with each type of construction accident.

1. Falls: 39% of fatalities occur from workers falling off scaffolds, ladders, roofs, sidewalk bridges, or unprotected holes.

2. Struck by object: 8.2% of fatalities occur from falling, swinging, shifting, or misplaced objects, along with equipment malfunctions or vehicle/equipment strikes.

3. Electrocutions: 7.3% of fatalities occur from electrocutions, including exposed wiring, wet outlets, overhead power lines, and other negligent or careless maintenance relating to items with electrical currents.

4. Caught-in/between: 5.1% of fatalities occur when construction workers are crushed or caught-in equipment, collapsing structures, or other objects.

Many of these tragedies can be prevented by general contractors if they proactively plan and put worker safety as a priority above skimping on these measures to save money. Also following comprehensive Stop Work Authority standards adds another layer of protection for all workers.

New York Labor Laws Help Brooklyn Construction Workers

New York has strict criteria when it comes to construction sites. New York labor laws are designed to protect and prevent workers from being injured or killed. These precautionary measures are put in place for a reason, but unfortunately, some companies will try to skirt these laws to cut corners and shave off costs associated with projects. In doing so, they put their workers, visitors, and even passerby, at risk.

These laws, covered under Sections 200, 240, and 241 of New York State Labor Law, encompass accidents that occur at commercial worksites, including preparation, repairs, demolition, or alterations.

Labor Law 200

Section 200 of New York Labor Law provides protection for workers and visitors present on job sites. This legislation is structured to make certain company owners and contractors take reasonable precautions to provide a safe environment. This includes taking steps to ensure equipment, machinery, and devices are safe. This law also adds requirements for job sites to have adequate guardrails and lighting.

Labor Law 240

Commonly known as the “Scaffolding Law”, Section 240 is designed to protect the rights of construction workers who fall or are struck by falling objects while on the job. This law requires company owners and contractors to provide their workers with proper scaffolding and other protective measures, including but not limited to scaffolding, hoists, hangers, ropes, slings, ladders, and stays, to keep them safe. You can read more about Scaffolding in our NYC Scaffolding Accident Prevention Guide.

Labor Law 241

Section 241 is specific to demolition and excavation, along with the equipment needed for these activities. Company owners and contractors are required to take reasonable acts to provide safety mechanisms to protect their workers from hazards related to these tasks. This includes the way flooring is constructed and the security of any hoisting apparatus or elevators used. This law also requires equipment to be used and stored in a way where workers and visitors to the job site won’t be subjected to unnecessary risks.

“A Brooklyn construction accident lawyer can help you to understand your rights under the law and determine if your accident is covered under any of these three sections. Most often, these laws do protect the worker.”

Brian O’Dwyer – Construction Accident Lawyer – O’Dwyer & Bernstien

More Action Needs To Take Place To Prevent Accidents

Employers should never ignore precautions, but realistically it happens. Unfortunately, construction companies and general contractors in New York City are notorious when it comes to committing building and job site violations. In 2018, there were 402 injuries and six construction accident-related fatalities. As of June 2019, 287 injuries and five fatalities had already occurred, making it clear work-related injuries happening to construction workers is a growing problem.

 New York City has significantly upped its vigilance in protecting construction workers by passing Local Law 196.

  • Increased fines for violations found at construction worksites
  • Added 150 inspectors to check on job sites
  • Required additional supervisors to be assigned to construction sites
  • Mandated additional worker training requirements.

This initiative was signed into law in 2017 and will be fully phased in by September 2020. Adding more protective laws for workers is a step in the right direction, but it’s clear the city has more work to be done to address the ongoing violations occurring on job sites – falling objects, falls, and other devastating events leading to injured workers is far too common an occurrence.

How A Construction Accident Lawyer Can Help

If you, or a loved one, have been the victim of a work-related injury, a Brooklyn construction accident lawyer can help. A devastating accident can have a permanent effect on your entire family. You and your loved ones deserve justice for your pain and suffering. You also deserve compensation for any lost wages or to cover medical expenses resulting from the accident.

The experienced and knowledgeable injury attorneys at O’Dwyer & Bernstien will carefully go over the events and conditions surrounding the accident. We’ll determine if you have a personal injury, product liability, and/or wrongful death case. If there is any construction-related negligence, we’ll find it, apply the proper legal strategy, and work hard to prove your case(s).

To learn more about how to protect your rights when an accident injury or wrongful death occurs, our Brooklyn construction law firm can help. Insurance companies may not necessarily be on your side, but we’ll stand with you every step of the way. We’ll examine the situation, provide legal advice and determine if yours is an accident that could have been prevented. Give O’Dwyer & Bernstien a call at  212-571-7100 or contact us online for a free consultation. We’re here to help and are just a phone call away.


Sources:
https://www1.nyc.gov/assets/buildings/pdf/violations-guide-english.pdf
https://www.osha.gov/Publications/3216-6N-06-english-06-27-2007.html
https://www1.nyc.gov/assets/buildings/pdf/violations-guide-english.pdf
https://www1.nyc.gov/site/buildings/safety/safety.page

WHAT OUR CLIENTS SAY ABOUT US

“O’Dwyer & Bernstien has helped me in several different situations over the last 12 years that I’ve lived in NYC. They’re my go-to firm because they always obtain the results that I need and deserve. They’re also located in downtown Manhattan, which makes them very convenient. The office and people that work there are exactly what you’d expect from a top tier law firm in the world’s greatest city.”

“When I got hurt in a traffic accident while riding my bike in New York City, my friend suggested I speak to O’Dwyer & Bernstien. Upon my initial phone conversation with a lawyer from the firm I was impressed by his courtesy, quick return phone calls and concise explanation of the legal tactics available to me. After meeting face to face with him, I decided immediately to retain O’Dwyer & Bernstien to represent me in my personal injury case. I was very happy with my attorney and with the outcome of my case. I highly recommend O’Dwyer & Bernstien to anyone seeking legal representation.”

“I retained O’Dwyer & Bernstien on the recommendation of a friend. I was immediately impressed by the firm’s experience and reputation in personal injury law. From the start, my ODB attorney walked me through the process, answered all my questions, explained everything clearly, kept me updated regularly and always promptly returned my telephone calls and emails. My attorney was knowledgeable, professional, courteous and diligent. My case moved through the court system quickly. As trial neared, the insurance company saw that my attorney was experienced and thoroughly prepared to try my case to verdict. As a result, the insurance company caved and settled my case for the full limits of the insurance policy. I love my ODB attorney!”

“When I was hurt on the job I had nowhere to turn for help. I had been working as an electrician’s helper, but my boss was not insured and he had no license to do electrical work. I had just had a new baby girl and Con Ed was going to shut off my lights. A friend told me to call O’Dwyer & Bernstien. They took action right away and got great money for my case. ODB helped me get my life back on track. I will always be grateful.”