Work Injury
Have you been injured on the job? Have you lost a loved one to a construction site accident? You should speak to a construction accident lawyer as soon as possible. A lawyer with experience in construction accident cases can help you pursue claims against your employer, and get compensation for pain and disabilities you may have experienced because of the recklessness of others.
You may want to know more about construction injuries and the laws that cover accident victims. You’ll find some important facts below. Remember, this information does not constitute legal advice. Every case is different, and other factors that those covered here may apply to your injuries.
A wide range of injuries can occur on any construction site, even when all precautions are taken. Unfortunately, construction companies don’t always take all possible precautions. Working conditions often play a role in the likelihood of accidents.
Accidents can involve one person or multiple people. Most sites have numerous employees working in different capacities at one time. Loud equipment, harsh weather, and tight working spaces can make it difficult to be attentive to nearby risks.
The types of injuries construction workers may face include all of the following possibilities listed below. For each one, you’ll learn what it may mean to have the injury, what treatments may be necessary, and what different costs may be involved.
Back Injuries
Back injuries are some of the most common construction accident injuries. They may happen on any job site. This category of injuries includes sprains, slipped discs, muscle injuries, nerve injuries, and spinal fractures.
Back injuries come in all levels of severity. Certain conditions may resolve with some rest, while others can be fatal. For serious (but survivable) back injuries, you may pay significant medical bills for extensive surgeries, physical therapy, and long-term prescriptions for pain. You may be managing constant aches, limited mobility, or paralysis.
As a result of these recovery options, you may be looking at massive healthcare costs. Some disabilities from back injuries may be permanent, meaning you will also have to factor in the costs of home care or medical devices to manage your condition.
Broken or Crushed Bones
Broken or crushed bones are another common New York construction accident. With the use of heavy machinery, sharp objects, and crushing tools at construction sites, injuries causing a cracked, broken, or crushed bone(s) can occur.
Broken bones often require long recovery periods. The injury may mean months of lost wages. You may also not be able to return to all forms of construction work because of long-term stiffness or sensitivity. Sometimes an accident may even cause loss of a partial or complete digit. While, in some instances, amputation may be required due to an injury.
Burns
Multiple types of burns can occur at a worksite including chemical burns, electrical burns, frictional burns, thermal burns, and cold temperature burns. Construction workers risk that possibility is it to a small area of the body, or larger.
Some burns require less care than others, while may cause permanent scarring. Treating burns may involve special grafting surgeries that may not be performed by many doctors near you. The pain that comes from burning is not always resolvable and may leave you with permanent pain management.
The initial and long-term treatment costs of burn injuries can be staggering to any family. In the worst cases, you may be looking at years of continuing expenses while you can no longer work.
Electrocution Injuries
Electrocution injuries are some of the worst injuries that are possible on a job site. This worksite threat is so common (accounting for 8% of construction fatalities) that OSHA lists it among the agency’s “fatal four” (including falls, struck-by, and caught-between accidents).
These injuries can easily result in intense pain if they are survived. Electricity can travel along and damage the nervous system. This damage can cause lifelong nerve pain, numbness, and loss of feeling.
Electrical injuries often happen when employers fail to observe electrical safety standards in construction work. These safety precautions are well-documented in OSHA guidelines. You may be able to prove negligence by showing that your employer did not follow standards.
Eyes and Ears
The eyes and ears are sensitive organs, and some tools, machinery, and chemicals can be dangerous. In many cases, construction teams are required to provide safety equipment or verify that employees have brought their own before they can enter the job site.
When safety equipment is not provided or used properly, eye and ear injuries can occur. Eye and ear injuries can easily develop into life-long disabilities. Vision or hearing loss may be long-term, or permanent.
Blindness injuries may involve additional costs, such as long-term care, renovating your home, or therapists to reorient you to your new life.
Head Injuries
Head injuries are often more dangerous than they may seem at the time of the injury. Concussions may go unnoticed if there is no one on the site who can recognize the symptoms. Untreated concussions may lead to permanent medical conditions.
Other worksite head injuries include hemorrhages and head wounds. Your safety and future quality of life may depend on how seriously your workplace takes its emergency response responsibilities.
The costs of treating a head injury can be substantial. Some head injuries must be treated by specialist surgeons. You may experience partial or complete paralysis that requires long-term therapy and in-home care.
While an accident can occur with one person and his/her own work, there are many more factors. Tools, equipment, supplies, and power sources can all be hazardous.
Your tools aren’t the only hazards. Undertrained employees, poor planning, and a disregard for safety can make an accident more likely.
Experienced NYC construction accident lawyers know how to build cases around the failures to control these risks. When safety standards decline, you may experience any of the following injuries.
Crane Accidents
By its nature, a crane can be dangerous. Nearly one-half of crane accidents occur when the boom or the crane itself becomes energized by contact with power lines. Other problems include a worker being hit with an overhead load or caught in the swing radius.
These accidents can be a result of many different workplace factors. Inexperienced crane operators can put everyone on the site at risk. Worksite practices, such as weekly work schedules that don’t allow machine operators to get enough sleep can also put you at higher risk of an accident.
Crane accidents may result from mechanical failure. Builders who purchase or rent cranes expect that the cranes they purchase are ready for the typical pressures of construction work. Accidents may result because of poor maintenance, defective parts, or software bugs.
Forklift Accidents
While not as complex as a crane, operating a forklift or working around one can also be dangerous. Because of the size and shape of a forklift, turnovers do occur. The result can be serious injury and sometimes death.
Workplace policies are likely to have an effect on the likelihood of forklift accidents. For example, the layout of warehouses can make it difficult to navigate a forklift safely. Blind corners and tight turns can contribute to a forklift accident.
A license is necessary to operate forklifts in New York. Employers may try to cut expenses by having unlicensed employees operate forklifts and other heavy equipment. This kind of negligence may be a contributing factor to accidents.
Scaffolding Accidents
Scaffold-related accidents include workers falling from great heights, or objects falling and hitting workers below. Scaffolding accidents may occur when scaffolds are improperly built, or when they are built from defective materials.
The results can be catastrophic for workers, who may fall long distances or onto dangerous surfaces when scaffolding fails. These accidents may cause spinal cord injury, traumatic brain injury, paralysis, and more.
Ladders and Stairways
Similar to scaffolding accidents, falling objects often land on temporary stairways and ladders. Improper use of ladders by your employer can contribute to accidents and make injuries more severe than they would be if guidelines were followed.
Some of these injuries can be severe. Those injured may suffer from broken bones, head injuries, and even death. A ladder injury can easily require months of recovery and prevent you from working in construction again.
Building Collapse
Building collapse is not common, but the terrifying possibilities have been made clear by recent tragic building collapses in New Orleans and Florida. Workers who are involved in these accidents may have substantial injuries. Wrongful death suits are not uncommon in cases where workers are killed by building collapse.
Many different factors make these accidents more dangerous than others. Workers can fall, and others can be crushed by falling debris. The degree of injuries can range from minor to severe, even death.
Ironworker Accidents
ironworkers are among the most likely to suffer some type of work-related injury. The work is physically demanding. Workers are often forced to up high, where they’ll rely on railings to keep them safe.
Ironworkers are forced to work with highly dangerous substances. This makes the safety regulations in place and the quality of the equipment that much more important to their safety. When ironworker accidents happen, the injuries may include burns, eye damage, ear damage, or crushing.
Carpenter Accidents
Carpenters tend to do the most detailed of construction work. They are often on ladders or scaffolding while performing their work with a variety of tools. Poorly-built workspaces can result in these tools being operated at an unsafe angle, or too close to the carpenter’s face.
Overexertion
Construction workers are on the job, mostly outside, no matter the weather, and often working long hours. In the summer when hot and humid, this can cause dehydration which can result in fainting and even a stroke.
In the winter, when it can be brutely cold, a worker can experience frostbite, trench foot, and hypothermia.
Other causes of construction accidents include:
- Windows
- Falling Objects
- Fires, Burns, and Explosions
- Heavy Equipment
- Lifting and Back Injuries
- Hoisting
- Painter/Plumber/Roofer Accidents
- Trench or Ground Collapse
- Trapped Between Materials
- Chemical Exposure on the Job
- Being Hit by a Vehicle
Accidents involving Undocumented Illegal Workers
Undocumented construction workers have rights, too. In fact, in New York, they have the same rights as a citizen with claims for workers’ compensation benefits due to an on-the-job accident.
Furthermore, personal injury suits are presented in civil court, not federal court. As such, undocumented workers will not be deported due to an on-the-job injury claim.
You may have been threatened with retaliation for making a claim. You should speak to a lawyer to discuss the next steps to protect yourself.
In the event of faulty safety gear or defective power tools, determining liability is not always clear-cut.
If the equipment involved has a faulty part or is faulty by design, this most likely comes down to the manufacturer. Proving defective parts can be difficult. Your lawyer may be able to help you find witnesses who can use forensic science to prove parts failed under what should have been tolerable pressures.
The manufacturer is not always responsible for equipment failures. Once construction teams have taken possession of heavy equipment, they’re expected to follow all maintenance instructions.
Poor maintenance has injured construction workers on many sites. The employer may be considered liable for these construction site injuries.
The employer may also be considered more liable if he or she is operating in defiance of New York labor law and safety law.
Liability may pass from your employer to other workers. If a worker deliberately violates standing policy (for example, by failing to check before dropping items) and causes your injury, they may be considered liable.
You may also be considered responsible for your injury. This can happen when you take a risk that may not be considered reasonable by the court. For example, if you choose to operate a piece of equipment you know to be faulty, you may be considered the person most responsible.
New York is a “Pure” Comparative Fault Law State
In some cases, there may be more than one responsible party, possibly the employer and the manufacturer. Both may be required to pay due to New York’s comparative fault law.
This law establishes that each part involved in a lawsuit has the legal right to pursue compensation. For example, if you take both an employer and equipment manufacturer to court, your employer’s lawyer may attempt to help you prove the manufacturer’s role, or both of them may focus on your culpability.
This law applies to most other personal injury cases in New York. If you are not found most responsible for the accident, you may be able to claim compensation for medical expenses, damaged property, or more personal losses.
It comes down to determining fault, and that is one of the things an attorney will investigate for you.
What if your insurance refuses to pay?
In some cases, you may be fully covered for certain types of construction accidents. At least, you believe that you’re fully covered until you get the notice that your insurance claims have been denied.
Sometimes, to get the workplace injury protection that you and your employer have paid for, you’ll need to fight the insurance companies. Our New York construction accident attorneys also understand this part of pursuing justice for construction accidents.
A workers’ compensation claim is generally the route for construction workers for on-the-job injuries.
In the state of New York, employers must have worker’s compensation insurance coverage for all of their employees. This coverage must extend to even part-time employees and family members who are working for the business.
Workers’ compensation should cover injury-related medical care along with compensation for lost wages. If your employer refuses to cooperate with a claim, you should speak to a lawyer as soon as possible.
New York offers greater protection and compensation through its labor law statutes. If a New York construction worker suffers an on-the-job injury, it is important that he/she works with an attorney who understands New York construction law.
Labor Law sections 200, 240, and 241-6 are specifically aimed at construction site workers.
Labor Law Section 200: This section of the labor laws states that any property owner, or general contractor, who had reasonable control over a construction site, or project, and the conditions under which the workers operated, may be held liable for injuries and construction site accidents that occur when the accident was the result of a hazardous condition that they should have been reasonably aware or made aware of. This does exclude blatantly obvious or apparent dangerous situations, such as exposed hanging dangers on which a worker could hit his/her head.
Labor Law Section 240: Formerly known as the Scaffold Law, this section protects construction workers in the event of a gravity-related construction site accident. According to this section of the law, contractors, and owners, barring single- or two-family homeowners not directly in control of the work being performed, are required to provide safety provisions, such as scaffolding, ladders, and hoists, to adequately protect workers from both falling from great heights or having objects fall on them. In gravity-related accidents, contractors, and property owners can be held strictly liable for an injury.
Labor Law Section 241-6: This section states that property owners, with certain exceptions, and general contractors are obligated to provide safe construction sites to workers and that this duty cannot be placed on another party (is non-delegable). This includes providing safety equipment and safe tools and appliances. Under this section, the owner or contractor must have had sufficient control over the site and the work being performed in order to be liable.
- Patiently answer all your questions and concerns while offering you all your legal options.
- Fully investigate your accident while interviewing anyone else involved along with witnesses and gathering all pertinent evidence.
- Deal with your employer, workman’s compensation personnel, and insurance agents.
- Proceed with a trial case, if necessary, filing complaints, scheduling a trial, and handling anything else regarding your case.
Even in slow economic times, New York City is growing taller and taller. These buildings are constructed with the help of cranes. Whether a crane sits on top of the building bringing items up or it sits on the ground moving items around the construction site, cranes play an integral part of keeping this city churning.
Despite federal and state safety requirements, companies and crane operators do not always make for a safe environment. Crane injuries can be devastating. If you or a loved one has suffered a crane injury, you need to speak with an experienced New York crane accident attorney as soon as possible. Your ability to recover maximum compensation for your injuries is at stake.
More than 40 people unfortunately die each year in crane accidents. While not every crane accident will result in death, crane accidents cause serious and sometimes fatal injuries.
Common causes of crane accidents include:
- Overload
- Collapse
- Improper setup
- Inadequate employee training
- Dropped load
- Improper crane maintenance
- Hoist failure
- Contacting other objects
- Miscommunication
- Negligent supervision
The common thread here is human error. Most crane accidents happen because an employee or a company was negligent. Companies often cut corners to make a larger profit. This means they may not properly train a new employee on how to operate a crane. They may also fail to provide proper safety equipment to construction workers.
Individuals can be negligent too. The crane operator may not pay close enough attention to what they are doing or swing the crane around too fast. Any of these scenarios can cause serious injuries to crane operators and other construction workers. This could even result in a worker being so severely injured, they can never work again.
Collecting compensation from the negligent party is the job of your crane accident lawyer in New York. While you focus all of your effort and energy on your health and well being, your lawyer can deal with the legal complexities, attempting to collect maximum compensation for your injuries.
Crane accident injuries are often severe. Because cranes are massive pieces of equipment and carry loads weighing several tons, the damage an accident can do to a human body can be devastating.
Your injuries may include:
- Broken bones
- Neck injuries
- Spinal cord injuries
- Burns
- Paralysis
- Amputation
Clearly, these are not the only injuries you might suffer from a New York crane accident. Even minor injuries can cause a shift in your daily life. The most severe injuries may result in your life never being the same.
That’s why it is so important for you to speak with an aggressive New York crane accident lawyer. You deserve to recover compensation for your injuries. The last thing you need to worry about is how you will pay your medical bills and cover your financial losses from being out of work. The vast majority of bankruptcy filings in the United States each year result from a victim’s inability to cover their medical expenses.
Do not become another statistic. Work with an experienced New York personal injury lawyer today who can help you collect maximum compensation for your injuries so you do not pay a penny out of your own pocket.
Filing a personal injury claim is your path to collect compensation from the negligent party in your crane accident. But you need to know who is liable for your injuries and that may include:
- Property owner
- General contractor
- Your employer
- Subcontractor
- Engineers
- Crane operator
- Crane owner
- Construction companies
Each of these people and entities might be at fault for your accident and your subsequent injuries. You are entitled to a reasonably safe workplace and when an accident happens, that could be clear evidence that your workplace was not safe.
Once you determine who is at fault, and it could be more than one party, you want to try to collect compensation from them. Your lawyer may try to get you compensation for:
- Pain and suffering
- Emotional distress
- Lost wages
- Lost earning potential
- Loss of companionship
- Loss of life enjoyment
- Present and future medical bills
- Rehabilitation costs
You did not cause your accident so you should not bear any of the responsibility of paying your medical bills or covering your financial losses. Depending on the severity of your injuries, you may be out of work for an extended period of time. During this time, you may not be earning a full salary and may have trouble covering your regular expenses. Your lawyer can try to get you maximum compensation for these bills and financial losses so you do not have to worry about how you pay your bills.
But you have to act fast. In New York, you only have three years from the date of your crane accident to file a personal injury claim. Three years might seem like a long time but it will go by quickly when you think about everything you face. Your focus, rightly so, should be on your health and well being, not worrying about a complex personal injury claim. That’s why you need to speak with a trusted New York crane accident attorney as soon as possible after your accident. While you work on getting better, your lawyer works hard to get you every dollar you deserve.
The lawyer you choose can make a difference in your ability to recover maximum compensation for your crane accident injuries. You need to focus on getting better and getting back to your regular life. You do not need to worry about how you will pay your astronomical medical bills or cover your financial losses caused by your crane accident. That’s the job of your New York crane accident injury lawyer.
If you or a loved one has been injured in a crane accident, speak with an experienced and trusted New York crane accident attorney today. Your ability to recover every dollar you deserve hangs in the balance.
Scaffolds are temporary structures that are incredibly vital for aiding workers in constructing, maintaining, and repairing structures, bridges, and buildings. However, these scaffold structures are also responsible for some of the most devastating and deadly accidents in the construction industry.
At Chaikin LaPenna, PLLC, we understand that as a victim of a New York scaffolding accident, you are going through a lot. We know that you have many questions and concerns about not only your injuries but your future as well. That is why we are here to help you. We are ready to fight for the compensation and benefits you need following this horrific accident and go after the justice you deserve.
According to a Bureau of Labor Statistics study, almost 72% of workers injured in a scaffold accident attributed the incident to either support giving way, slipping, being struck by a falling object, or by planking. However, these dangerous accidents can also occur from:
- A worker falling from the scaffolding
- The scaffolding failing at the attachment points
- Improper scaffolding operating procedures
- Improper scaffolding construction
- Inadequate fall protection or workers not wearing any fall protection
Due to the height of these structures, scaffolding accidents can result in various injuries that range in severity and type. However, some of the most common New York scaffolding accident injuries include:
- Traumatic Brain Injuries
- Head and Neck Injuries
- Spinal Cord Injuries
- Broken or Fractured Bones
- Deep Lacerations
- Internal Organ Injuries
- Lost Limbs
- Soft Tissue Injuries
- Death
- Every scaffold structure needs to be inspected daily by an individual designated by the job superintendent
- No tools can be left on the scaffold overnight
- The scaffold needs to be cleared of any debris consistently
- Scaffold notices indicating how to use these platforms need to be conspicuously displayed and observed
- Excess materials should not be stockpiled on a scaffold
- No changes should be made to the scaffold without approval
- The scaffold working platforms need to be free of snow, ice, oil, and other slippery substances before they can be used
- Scaffolds need to be protected from vehicles that can come into contact with them
- Scaffolding structures that are used on constructions sites need to be put together properly
- Scaffolding structures need to be able to bear four times the maximum weight required
- Workers on these scaffolding structures need to be given the necessary safety equipment
If you have been injured in a scaffolding accident, the primary ways to recover compensation for the harm endured include filing a personal injury claim, a workers’ compensation claim, or a wrongful death claim.
Workers’ Compensation Claims
Generally, if you are a worker who has been hurt on the job, you can be entitled to workers’ compensation benefits. Workers’ compensation insurance allows an employee who is sick or injured from a work-related cause to collect benefits, including payment for medical bills and lost wages, as well as disability benefits and death benefits. However, in exchange for these benefits, the worker waives their right to sue their employer. These workers’ compensation claims can be rather complicated and tedious. That is why it is recommended that you work with an experienced New York personal injury lawyer who can help you understand these rights and go after maximum compensation.
Personal Injury Claims
If you file a workers’ compensation claim for your injuries, you usually cannot sue your employer. However, this does not mean you cannot pursue a lawsuit against a negligent third party. Many times engineers or architects can also be responsible for your scaffolding incident, and you can file a personal injury lawsuit against them. In addition, in New York, general contractors and property owners can be strictly liable for your scaffolding accident injuries.
It is important to note that when a victim files a personal injury claim, they can seek compensation for not only lost wages and medical expenses. But unlike a workers’ compensation claim, they can also go after pain and suffering damages as well as a loss of enjoyment of life damages.
Wrongful Death Claims
If you lost a loved one due to a scaffolding accident, you may be able to recover compensation for lost financial support or funeral expenses from a wrongful death lawsuit or certain death benefits from the deceased’s workers’ compensation insurance policy. Discussing this claim with a knowledgeable personal injury attorney can help you determine precisely what compensation you may be entitled to.
Elevators are a must when it comes to accessing the multiple floors of New York City high rises. Once the elevator doors close, you entrust the device to deliver you safely to your destination. The mechanics and other various components of an elevator system are complex, making the chance of an elevator accident a real possibility. If you suffered serious injuries due to a tragic elevator accident, a New York City elevator accident lawyer can help you pursue compensation for your damages.
- Poor maintenance: Important mechanical and technical devices work behind the scene to make an elevator operate. If the elevator is not routinely inspected or properly maintained, your life is possibly at risk for serious harm.
- Malfunctioning doors: The powerful force of elevator doors that close too soon can crush or otherwise injure passengers. If you experienced broken bones, internal bleeding, or other significant injuries, you may face a long recovery.
- Sudden stops or drops: The enclosed nature of an elevator can make a sudden stop or drop a terrifying event. The jolt to your body can cause you to lose your balance, fall, and possibly strike your head against the hard floor, walls, or doors.
- Unbalanced leveling: If the elevator floor does not meet the floor where passengers await, a fall is possible. The slightest unevenness can easily go unnoticed by passengers, making a simple step tragic in a second.
- Any final medical costs associated with your loved one’s death
- Costs associated with a funeral, burial, or memorial
- The loss of income from your loved one
- The potential future income had your loved one survived
- Loss of inheritance
- Loss of companionship
- A fall due to a sudden stop or unleveled flooring can result in a traumatic brain injury. The disruption of normal brain function can require a lifetime of care, with some victims requiring placement in a skilled nursing facility. These facilities are expensive, with monthly costs averaging more than $8,000 per month.
- An elevator accident that results in a spinal cord injury can cause permanent paralysis. According to data from the Christopher and Dana Reeve Foundation, this catastrophic injury can cost millions of dollars throughout a patient’s lifetime.
- Internal bleeding is another serious type of injury that —if left undetected—can lead to organ damage and possible death.
- No matter how you feel immediately following an elevator accident, seek medical attention. Medical professionals can treat your injuries, and your medical care establishes a record for a possible civil case.
At Chaikin LaPenna, PLLC, we fight hard on behalf of our clients to secure the best outcome possible. While no one case is alike, and there is never a guarantee of compensation, pursuing civil action is your right.
Never accept an insurance settlement without legal representation. Insurance companies only want to protect their best interests by offering the lowest sum possible. If you accept their offer, you generally cannot pursue legal action later, should your medical condition worsen.
Let a member of our team handle aggressive insurance adjusters. We know how to spot their various tactics to underpay or to deny accident claims. While most civil cases settle out of court, Chaikin LaPenna, PLLC is ready to go to trial if necessary.
An elevator accident is a frightening experience that stays with you long after the initial event. The pain and suffering from your experience deserve accountability for those responsible. It is our responsibility to prove negligence.
Gather any evidence you may possess concerning your accident and injuries, then contact us today for a free case evaluation. You owe us nothing unless we win compensation for you. You cannot afford not to hire a lawyer. Get started on your path toward possible justice by contacting Chaikin LaPenna, PLLC, today.
Nobody expects to be sitting on their couch one moment and the next having the ceiling ripped open above them. Resulting in wood, debris, and plaster striking their head and face and causing significant and debilitating injuries. Even though these situations may seem very unlikely, they do happen and often result in horrific accidents, extensive long-term care, and skyrocketing medical bills. What is worse is that these victims often have no idea what steps they need to take next following a ceiling collapse accident or who they can contact to get the help they need.
Fortunately, you do not have to endure this challenging ordeal on your own. The law firm of Chaikin LaPenna, PLLC, is here and ready to provide you the legal assistance you require and go after the damages and justice you deserve.
Even though a ceiling collapse accident can result in numerous injuries, ranging in type and severity. The most common types of injuries that occur include:
- Head and Neck Injuries
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Paralysis
- Broken or Fractured Bones
- Nerve Damage
- Soft Tissue Injuries
- Back injuries
- Deep Lacerations
It is also important to note that these injuries can often lead to severe and life-long debilitating harm or result in a tragic loss of life.
- The building owner
- The management company responsible for taking care of the building
- The construction company that built the building or a contractor who did repairs on the ceiling
- The product manufacturer who created the faulty products leading to the ceiling collapse, such as the sheetrock, drywall screws, or the ceiling joists. In these instances, a victim would need to bring a products liability claim against the product manufacturer to go after damages
Before you can hold a party accountable for the harm you endured from a ceiling collapse and collect compensation for your damages. Your premises liability claim needs to prove the following elements:
- The property owner owed you a duty of care
- The property owner breached this duty of care
- This breach was a substantial factor or a proximate cause of your injuries and damages.
You will also need to show that the property owner had actual notice or constructive notice of the dangerous condition that led to the ceiling collapse. Typically, constructive notice is when a property owner should have known about a dangerous condition on the property if they used reasonable care. For instance, when there is a ceiling collapse, it may not always be possible for a property owner to have actual notice that there was something wrong with the ceiling. Yet, if there were bulging spots on the ceiling before it collapsed. This may indicate that there were signs of this condition, and they had been there for a while. Consequently, providing you the proof you need to show that the property owner had constructive notice of the dangerous condition.
-
- Call 911: If you feel any pain after the accident, you need to contact 911. The EMS can get you to the hospital to get the care you need, while the police can start investigating the accident scene and writing down their findings in their police report. This report can provide you with valuable evidence if you decide to pursue a claim.
-
- Collect Evidence: If possible, try to take as many pictures or videos of the accident scene. Get photos of your visible injuries, the ceiling immediately after it collapsed, and the damage that it caused. Make sure you also preserve a piece of the concrete or the ceiling that fell. In addition, if at any point you made any complaints about a cracked ceiling or a leak before it collapsed, make sure you find proof of these communications. This can include emails, letters, or even dates of when you complained over the phone.
- Contact an Experienced New York Personal Injury Attorney: Speaking with an experienced New York personal injury attorney following your ceiling collapse accident can ensure you get the legal help you need while these lawyers go after maximum damages on your behalf.
- Investigating the accident thoroughly and gathering critical evidence that can substantiate your claims
- Ensuring that all legal documents and motions are filed accurately and on time
- Handling all the negotiations with the defense and the insurance company, making sure to go after compensation fair to you
- Taking your case to trial and fighting for maximum damages
Construction workers are familiar with forklifts. They make your job easier. Instead of carrying heavy items around, you can pile many heavy items at once on a forklift, reducing the strain on your back and body.
Unfortunately, forklift accidents are frequent occurrences. In fact, each year, there are nearly 10,000 non-fatal forklift accidents resulting in injuries. When operators of forklifts are not properly trained, accidents can happen. If you or a loved one has suffered an injury from a forklift accident, you may be entitled to compensation under the law for your suffering. To find out for sure, speak with an experienced New York forklift accident attorney today.
Forklift accidents happen countless ways. The most common include:
- Struck by a falling load
- Knocked over or run over
- Forklift overturning
- Falling from the forklift
- Electrocution
The injuries resulting from these accidents can be serious. They may include:
- Broken bones
- Brain injuries
- Spinal cord injuries
- Paralysis
- Amputation
Each of these is a serious injury that not only affects your quality of life but it may also affect your ability to earn a living and support your family. Ultimately, that is not your burden to bear. The person who caused your forklift accident should be held accountable for your injuries and your suffering, including your financial suffering. Working with the right forklift accident lawyer in New York can give you the help you need to collect maximum compensation.
Consequences for unsafe forklift operation can be deadly. The Occupational Safety and Health Administration (OSHA) sets out guidelines for safe forklift operation. These guidelines include:
- Driving at a safe speed
- Driving in reverse if the load in front obstructs the driver’s view
- Stopping when reversing direction
- Using the forklift horn liberally
If you were driving a forklift when you suffered an injury and some of these guidelines are new to you, your employer may be liable for your injuries. Improper training of forklift operators is a big cause of accidents and injuries resulting to the driver. If you suffered injuries when someone else was driving the forklift, your employer could still be liable if they failed to properly train the forklift driver.
No matter what, your injuries are not your fault. So you should not bear any of the responsibility of paying for your medical expenses. That should be the sole burden of the at fault party, whether it is the driver, the company, or both. Your New York forklift accident lawyer can help you determine who is at fault and work to hold them liable.
Suffering a forklift accident injury can be a traumatic experience. You may be dazed and not sure of what comes next. That’s why the first step you need to take is to get medical attention. Your health and well being is top of mind and you need to be certain that your body is well. Letting emergency medical personnel evaluate you at the accident scene can help determine if you need further medical attention. These medical professionals along with your doctor will keep detailed records. These records can be helpful to show you were not at fault for your accident.
You should also report your injury to your employer. They should have procedures in place to handle a workplace accident. No matter how minor, you want to report your injury so your manager documents what happened.
Your last step is to speak with an experienced New York forklift accident attorney. You need to focus on your health and recovery. Your lawyer can work to hold the negligent party liable for your accident and injuries, letting you focus all of your effort and energy on your recovery.
Depending on the severity of your forklift accident injuries, you may face a long road to recovery. You may encounter:
- Multiple surgeries
- Extended hospital stays
- Time out of work
- In facility rehabilitation
- In home care
Each of these items comes with a vast cost. Medical bills are not cheap. In fact, two-thirds of all bankruptcy filings each year result from an inability to pay medical expenses. But you can work to avoid falling into this financial trap by speaking with an aggressive New York forklift accident lawyer as soon as possible after your accident.
Your lawyer may try to get you compensation for:
- Pain and suffering
- Emotional distress
- Lost wages
- Lost earning potential
- Loss of companionship
- Loss of life enjoyment
- Present and future medical bills
- Rehabilitation costs
- Home renovation costs
What many victims fail to realize is that the vast majority of their financial needs will come in the future. You may see the medical bills sitting on your coffee table. But what you do not see are the bills yet to come. Surgeries and rehabilitation are extremely expensive but necessary for your physical recovery and well being.
Besides those fixed costs, you will also miss work, hindering your ability to earn a living and provide for your family. This additional financial burden may fall on your loved ones who may try to work overtime or take additional jobs to cover the loss of your income. That is not their burden to bear.
Working with the right forklift accident attorney in New York, you can work to hold the negligent party liable for your accident and your financial losses. Your lawyer will work tirelessly to try to collect maximum compensation so you do not have to pay a penny out of your own pocket.
Understanding what comes next after a workplace accident can be confusing. That’s why you can trust your forklift accident lawyer to guide you through the complex legal waters and work to help you collect every dollar you deserve so you do not have to cover any of the medical expenses or financial losses you face because of your forklift accident injury.
If you or a loved one has been injured in a forklift accident, you need to speak with an experienced and aggressive New York forklift accident attorney today.
