According to a report issued by the Bureau of Labor Statistics, 1,013 people died due to construction worksite accidents in 2017 and three percent of all construction workers experienced a serious work-related injury. In New York, that amounts to approximately 5,500 construction workers who missed work due to slips and falls or other injuries sustained at the job site.
Construction workers know they work in a dangerous industry. Despite this, most are hard-working, dedicated employees who expect their employers and others responsible for setting up a job site to do so with their safety in mind. When safety violations occur instead, it leaves these injured workers dealing with devastating consequences such as brain injuries, broken bones, damage to internal organs, paralysis, and other serious conditions.
Regardless of your type of injury or how it occurred on the job, you have the right to pursue fair compensation from those responsible for causing it.
O’Dwyer & Bernstien, a law firm with over 100 years of experience representing the rights of injured workers in the Bronx, is available to assist you in pursuing a case for yourself or a wrongful death case on behalf of a loved one 212-571-7100.Brian O’Dwyer – Construction Accident Lawyer – O’Dwyer & Bernstien
Under the New York Statute of Limitations, you have three years from the date of the injury and two years from the date of your loved one’s death to sue the responsible party. As a Bronx construction accident victim, you can trust the attorneys at our law offices to aggressively pursue compensation that holds the other party accountable for the negligence that caused your accident.
Construction Accident Lawsuit Liability
Unlike workers’ compensation cases where an injured worker can apply for benefits even after causing his or her own injuries, liability is a major factor in personal injury, product liability, and wrongful death lawsuits. This is due to the legal concept of contributory negligence.
Contributory negligence means that a jury considers how much fault the injured party shares in causing the workplace accident. Although New York allows these claims to move forward even if the injured person shares some blame, the law reduces the settlement amount the plaintiff receives by the same percentage of his or her liability. For this reason, it’s essential to work with an experienced Bronx construction accident lawyer to prove the liability of other parties.
Although injured workers normally can’t sue their employer due to the workers’ compensation system, New York allows exceptions under these statutes:
Under the Common Law Negligence Rule, contractors and construction company owners must provide a reasonably safe work environment by implementing appropriate precautions. It specifically applies to machinery and equipment.
The Scaffolding Law exists to protect workers who sustain an injury when an object strikes them or due to a fall. Employers must provide protective equipment for work on any type of elevated surface. See our scaffolding guide for more information.
Specific to excavation and demolition, this law requires construction industry employers to provide adequate and reasonable precautions. It’s an expansion of Labor Law 240 that only covers scaffolding accidents.
While this is good news for those who have suffered devastating injuries, proving liability can be a complex legal matter because multiple parties could share fault.
Some of these include:
- Construction Site Owner
- Equipment Manufacturer
Your construction accidents lawyer Bronx will begin investigating your accident immediately, thoroughly researching the role of each party involved. This ultimately determines who receives your lawsuit.
Recently, the Occupational Health and Safety Administration (OSHA) conducted a study that discovered safety violations in approximately 66 percent of construction job sites in New York. When OSHA completed follow-up inspections at sites where a worker died because of falling, the organization found that 100 percent of these construction sites had serious safety violations. It went so far as to state that most construction site accidents occur due to inadequate provisions for the safety of workers.
Construction Industry Cases Handled in the Bronx
The construction industry has changed a lot over the last 100 years, but one thing that hasn’t changed is the commitment that O’Dwyer & Bernstien has to injured workers.
“We offer protection to workers in the New York City area that they won’t receive from their employer or the insurance companies that represent them.”Brian O’Dwyer – Construction Accident Lawyer – O’Dwyer & Bernstien
If you’re facing a long recovery or have suffered the untimely death of a loved one, we encourage you to schedule a free consultation with a Bronx construction accident lawyer as soon as possible 212-571-7100.
Below are just some types of accidents we have handled in our century of service to the Bronx:
- Building Collapse
- Collapses, Fires, And Explosions
- Compressor Accidents
- Construction Site Falls
- Crane Accidents
- Cutting Accidents
- Dumpster Accidents
- Electrical Accidents Trench
- Elevator Accidents
- Forklift Accidents
- Gas And Compressor Explosions
- Ladder Accidents
- Logging Accidents
- Nail Gun Accidents
- Punch Press Malfunctions
- Run Over By Operating Equipment
- Scaffolding Accidents
- Structural Failure
- Supervisor Negligence
- Unsafe Equipment Accidents
- Welding Accidents
- Window Washer Accident
Compensation for Construction Accident Injuries
At O’Dwyer & Bernstien, we are pleased to say that we have secured settlements for our clients in the millions of dollars. While we can’t guarantee a specific settlement amount, we can say with confidence that experienced legal representation matters when it comes to securing a favorable lawsuit. Of course, other factors come into play as well such as the extent of your injuries.
Here are some construction accident settlements secured by our law offices:
- $7,500,000 on behalf of a severely injured worker who had a brick wall fall on top of him.
- $7,000,000 for an ironworker who received severe injuries when a load that others had not hoisted properly fell on him.
- $6,631,000 on behalf of a bus chassis maintenance worker who received serious ankle and knee injuries after an electric cart struck him.
- $5,600,000 for a carpenter who required spinal fusion after a fall from a loading dock.
Your construction accidents lawyer Bronx may file one of four types of lawsuits on your behalf. A workers’ compensation claim is always the first thing to consider. While you can do this without a lawyer, it’s not uncommon for injured workers to feel they’re the victim of unfair treatment by their employer, the doctors their employer have chosen, and the insurance companies. If this describes your situation, you may file a lawsuit against the parties you have a grievance with under New York workers’ compensation law.
Personal injury lawsuits are also common in construction accidents, but only when they involve a third party and not the employer directly since that falls under workers’ compensation. With a successful personal injury lawsuit, you could receive compensation for medical bills, lost wages, pain, and suffering, and several other categories of loss.
You may also be able to file a product liability claim if your injuries occurred due to a poorly manufactured product. With the help of your Bronx construction accident lawyer, you must prove that the manufacturing company released a defective product and that you had no warning that you could injure yourself by using it.
Finally, you may file a wrongful death lawsuit if your spouse or other close family member died due to negligence on a construction job site. You would receive the benefits your loved one would have received had he or she lived along with funeral and burial costs and more.
Contact Our Bronx Construction Accident Attorney if You Have Been Injured at Work
Just because you work in a high-risk industry doesn’t mean you don’t have rights if you sustain an on-the-job injury.
“You deserve fair compensation for your injuries. While insurance companies worry about protecting their own interests, it’s our job to secure your financial future to enable you to pursue maximum recovery.”Brian O’Dwyer – Construction Accident Lawyer – O’Dwyer & Bernstien