Construction jobs are dangerous and boast some of the highest rates of workplace accidents in the nation. The construction industry in New York employs hundreds of thousands of workers, all of whom face risks from poorly-kept work sites, shoddy safety measures, and defective machinery.
If you’ve been injured or lost a loved one in a construction accident, you need to speak to an Islip work injury lawyer from Chaikin Trial Group. Construction workers have substantial protections under state law that entitle them and their families to financial compensation for their work-related injuries.
We have extensive experience working with injured construction workers and fighting for their interests. Our Islip construction accident lawyers want to hear from you. Contact us today.
Types of Construction Accidents in Islip
Below are some of the most common types of construction accidents our Islip personal injury lawyers encounter:
- Falls. Falls are the most common type of construction accident and the single largest cause of construction fatalities. Falls are especially common for employees who work at heights, like roofers and scaffolders.
- Caught-between-accidents. These are accidents where a worker becomes caught, trapped, squeezed, or pinched between stationary or moving objects. For example, workers can get caught between moving machinery or structural debris.
- Collisions with objects. Construction workers can be struck by moving objects, like falling construction tools or construction materials that are being moved.
- Electrocutions. Faulty or exposed wiring can electrocute construction workers who don’t have the proper tools or safety equipment.
- Fires and explosions. Construction sites are full of flammable and explosive materials that can be ignited by heat sources, such as blowtorches, sparks, and electric heaters.
- Defective equipment. Cranes, lifts, power tools, and other machinery can cause severe injury if defective. Workers can also sustain injuries if they have inadequate or faulty protective gear (e.g., harnesses, helmets, gloves, eye protection, etc.)
According to BLS data for injuries, illness, and fatalities, the construction industry as a whole has a workplace injury rate of 2.2 per 100 workers. This rate is spread unevenly, though, as certain types of construction activity are much more dangerous than others. Building framing, road construction, and roofing/siding in particular, have high rates of injuries.
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Laws Protecting Construction Workers in Islip
New York has exceptionally strong protections for construction workers compared to other states, which can give you significant leverage in a personal injury lawsuit. Below are some of the most relevant:
Labor Law 240
NY Labor Law 240, also known as the ‘scaffold law,’ makes contractors and property owners strictly liable for ‘gravity-related’ injuries to workers—i.e., falls and falling objects. Liability can attach regardless of whether the contractor or owner was negligent.
Labor Law 241
NY Labor Law 241 establishes that contractors and property owners must provide reasonable and adequate safety to workers performing construction, demolition, or excavation work. More specifically, it provides detailed rules on elevators, stairwells, and doors in construction sites.
Labor Law 200
NY Labor Law 200 states that employers have a general duty to maintain a reasonably safe workplace for employees, which includes adequate safety measures and equipment.
Can I Sue My Employer for a Construction Accident in Islip?
Most construction workers are entitled to workers’ compensation benefits after a construction accident. But the trade-off for no-fault workers’ compensation benefits is that you usually cannot sue your direct employer for negligence. There are a few rare exceptions to this rule, but employers are generally immune to employee lawsuits for injuries.
However, New York labor law has a loophole allowing you to file a third-party personal injury claim against entities that are not your direct employer. If your injuries were caused fully or partially by some other third party, a construction site accident lawyer could sue them for your losses.
The benefits of a third-party injury claim are that you can sue for a greater range of damages than workers’ compensation alone allows. A third-party injury claim will also let you recover compensation for pain and suffering, which workers’ compensation won’t cover.
Who Can I Sue for a Construction Accident in Islip?
Construction sites involve the coordination of several parties, any of which could be liable for your injuries. Identifying the correct party that is liable for your injuries is a key part of filing a construction accident lawsuit. Potentially liable parties include the following:
- General contractors that fail to provide adequate safety protections
- Property owners who neglect maintenance and don’t address property hazards
- Subcontractors that violate workplace safety regulations
- Third-party vendors or contractors present on the job site (e.g, truck drivers)
- The manufacture of defective equipment, machinery, or tools
Compensation We Can Recover With a Construction Injury Lawsuit
Depending on the circumstances of your injuries, an Islip construction accident attorney can pursue the following types of compensation in a third-party construction accident lawsuit:
- Emergency medical bills and continuing medical expenses
- Cost of rehabilitative therapy and specialized medical devices/prostheses
- Lost work income and reductions in your future earning potential
- Pain and suffering, mental anguish, emotional distress
- Loss of capacity to enjoy hobbies and activities
- Inconvenience and discomfort from disfigurement
Your losses after a construction accident may be great, but a construction site accident lawyer can fight for the compensation you need to heal and rebuild.
Contact an Islip Construction Injury Lawyer to Discuss Your Case
The team at Chaikin Trial Group has over 50 years of combined legal experience protecting construction workers and other injured employees in New York. We understand how to pursue these cases efficiently and can be counted on to represent your interests aggressively.
Feel free to call us or contact us today. Our Islip construction accident lawyers are here to help, so don’t hesitate to reach out.