If you've been injured in a construction accident, chances are you'll need medical treatment to regain as much health as possible. You need a replacement income to support you while you recover.
Fortunately, New York law provides many avenues to receive disability and medical benefits. Construction companies in New York are required to have workers' compensation insurance. You can also sue parties other than your employer for losses they cause if your worker's compensation insurance doesn't cover them.
But getting the compensation you need after a construction accident in the Bronx isn't easy. Professional association and liability insurers pay as little as possible for your claim. They can even reject your claim outright, forcing you to file a lawsuit.
APersonal injury attorney in the Bronxin the law offices of Ivan M. Diamond has experience fighting insurers for the compensation you deserve. If insurers are not acting in good faith, their CConstruction Accident Lawyercan represent you in a lawsuit against the insurance company to obtain fair and equitable compensation.
ContactIvan M. Diamond Law Office to discuss your construction accident and receive a free case evaluation.
guide
Common construction accidents in the Bronx
Construction workers have one of the most dangerous jobs out there. According to the National Safety Council, the construction industry hasmore workplace deathsit also produces the sixth highest number of work-related injuries than any other industry in the US.
In a typical year, construction workers suffer more than 1,000 fatal injuries and nearly 75,000 nonfatal injuries. Workers can experience painful conditions, disabilities, and even maiming or disfigurement as a result of construction accidents.
The US Occupational Safety and Health Administration (OSHA) gives approximately60 percent of your timeduring site visits. These jobs are responsible for more than 20 percent of worker deaths in the United States.
IsThe four most common causesof fatal construction accidents, known as four-spot or four-fatalities, include:
- falls
- beaten by
- caught in between
- electric shock
These accidents are responsible for nearly 60 percent of construction worker deaths and hundreds of injuries every day.
fall accidents
The falls represent more34 percent of construction accidents. These accidents include falls from a height as well as falls from the same height by slipping and stumbling.
Elevated falls occur when you fall from a height. Construction workers often have to work on roofs, scaffolding, ladders and other elevated surfaces. Workers also work around unmarked ground openings, trenches and shafts. Falls from a height can cause fractures, brain injuries and even paralysis.
slip and fall accidentsIt happens when a worker's foot loses traction. These accidents can be caused by spilled liquids, ice or snow, gravel or sand, or other slippery materials. Slip and fall accidents usually cause you to fall backwards and injure your head, neck, back and buttocks.
Tripping and falling accidents are similar to slips and falls, but usually result from your foot catching on an object. Examples of trip hazards include raised thresholds, objects on the floor, and unmarked steps. When his foot stops unexpectedly, he loses his balance and falls forward.
These accidents often result in knee, head and face injuries. You can also injure your shoulders, elbows, wrists, and hands when you reach forward to hold on.
hit by accidents
These accidents happen when construction workers are struck by a moving object. Accidents encountered represent approximately10 percent of construction deathsand more than 20 percent of structural damage.
OSHA counts all moving objects in this category, including:
- Falling objects such as tools or building materials.
- Thrown objects such as B. Nails fired from a nail gun or material thrown from a saw
- Objects swinging uncontrollably from a hoist or crane
- Rolling objects such as pipes.
- motor vehicles and trailers
An accident can result in contusions, brain injuries and spinal cord injuries.
Caught in/between accidents
Trapped in/between Accidents occur when you are trapped by machinery, objects or vehicles. People hit by accidents differ from accidents caught between them in the way they injure workers. Being hit by accidents causes impact injuries, while being pinched between accidents causes crushing injuries, including strangulation.
Some common accidents are:
- Stuck between a vehicle and a fixed object
- Stuck in a collapsed ditch or tunnel
- Caught and dragged into moving machines
Caught in/between accidents represent more9 percent of construction fatalities.
electrical accidents
Workers are injured by electrical current flowing through live electrical wires, extension cords, generators, power tools, and other electrical hazards.
Electric current can cause:
- Electrocution, a fatal electrocution
- Arc flashes, where a spark jumps across an open circuit
- burns
- electrical fires
- The explosion
If you are electrocuted, the electricity can overwhelm your nervous system, causing nerve damage, brain injuries, and heart attacks. Electric current causes about9 percent of construction fatalitiesand about 1 percent of nonfatal construction injuries.
other accidents
In addition to the four main accidents, construction accidents can result from:
- Defective safety equipment
- Non-construction traffic
- The explosion
- Hazardous waste and toxic substances
- Feuer
- hot items
- Damaged or defective tools
Although the four major accidents account for nearly 60 percent of fatal injuries in construction accidents, other types of accidents account for more than 40 percent of fatal injuries and thousands of nonfatal injuries.
Compensation for construction accident injuries in New York
After a construction accident, your health and finances could be in dire straits. They have to work to pay for medical care, physical therapy, and medication. But you can't work until your injuries are treated.
Luckily, you have options to get the compensation you need. To discuss your legal options, you should speak to a construction accident attorney. A lawyer experienced in representing construction workers can explain your legal rights after your accident and how to protect your right to compensation.
The two most likely sources of compensation for your accident are:
workers compensation
Almost all employers in New York are required to have workers compensation insurance. After you are injured at work, you can file a claim with your employer's worker's compensation insurance.
The benefit ofworkers compensationis that you can begin medical treatment almost immediately. The insurer pays no-fault industrial injury benefits. This means that you can claim work injury benefits for almost any work-related injury or work-related illness.
But workers' compensation has its limits. You will not receive your full salary while you are disabled. Instead, he only gets up to two-thirds of his average weekly salary.
More importantly, you cannot claim compensation for non-economic losses. These losses, also known as pain and suffering injuries, compensate you for the impact your injuries have on your quality of life.
third party lawsuit
You can bring a third-party lawsuit against any entity except your employer as long as you have workers' compensation insurance. This action is based on a breach of duty owed to you. Importantly, you can bring both a worker's compensation claim and a third-party claim for the same injury.
Some examples of third-party claims you might make include:
- Car accident lawsuits against negligent drivers
- Product liability claims for defective tools and equipment
- Property liability lawsuits for dangerous conditions on the property
- Claims for negligence against contractors, vendors or service providers of the construction project
These lawsuits can cover much broader areas than your workers' compensation claims. Trade associations can only pay for accidents at work that have occurred within the context and scope of your employment. A work injury claim may be denied if you were not injured at work.
But a third party lawsuit is not limited to work-related injuries. You can file a third party lawsuit regardless of whether you were working when you were injured.
So if you were injured in a car accident, a worker's compensation insurer would investigate whether driving was part of your job responsibilities and who directed you to be on the road that day. But in a third-party lawsuit, a negligent driver is liable for your injuries, regardless of why he was driving.
The time limit for bringing a third-party action depends on the grounds for your action. You should speak with a construction accident attorney as soon as possible after your injury to determine upcoming deadlines in your case. If your claim involves a government agency, you may only have 90 days to take action.
Grounds for Third-Party Claims
The grounds for a third party claim depend on the nature of your accident and who you are suing. In most situations, the basis for a claim against the people who caused or contributed to your accident is negligence.
Negligence occurs when a company breaches a duty of care owed to you.
Here are some of the duties you have on a construction site:
- The owners must correct or warn you of any reasonably identifiable hazardous conditions
- Drivers must exercise reasonable care while driving
- Other contractors on site must take reasonable precautions to ensure a safe site
A third party breaches a duty of care by doing an act or omission that no reasonably reasonable person would have done.
This breach of duty must have caused your accident. Causality has two components. There is causation if the breach of duty falls within the sequence of events that led to your damage. Immediate cause exists if damage was a foreseeable consequence of the breach of duty.
The establishment of a third-party lawsuit can also be based on no-fault liability. If you are suing a manufacturer for a defective product, you only need to prove the existence of a defect. You do not have to prove that the manufacturer knew about the defect or should have found it.
Product defects can be of three different types:
- Design flaws make a product unsafe for all applications.
- Manufacturing defects mean a product could have been made safe but wasn't.
- Warning defects occur when instructions do not identify known hazards or do not explain how to use the product safely.
After you have proven the existence of the defect, you must prove that the defect caused your damage and that your damage resulted in damage.
Damage from a construction accident process
Iwan Diamond, Bronx bike accident attorney
In a third-party lawsuit, you can seek compensation for your economic and non-economic losses.
Your economic losses include all financial costs of your injuries, including:
- Medical expenses for treatment, therapy and medication
- Lost wages from missed work during your recovery
- Reduced earning capacity due to disabilities that prevent you from working as before the accident
Your construction accident lawyer will back up your economic losses with financial records such as credit card statements, bank statements, and medical bills.
Your non-economic losses include all of the ways your quality of life has been impacted as a result of the injuries you have suffered. These losses don't usually come with a price tag.
Some examples of non-economic losses are:
- mental torment
- pain
- inconvenience
- Disabilities that prevent you from work, housework or hobbies
- loss of marital relations
- disfigurement and dismemberment
You do not have to prove your immaterial damage. Instead, an adjuster or jury will award reasonable compensation for your non-economic losses based on the severity and duration of your injuries.
More serious injuries, such as the loss of a limb, deserve higher non-financial compensation. Permanent injuries, like a fracture that leaves you with a limp for the rest of your life, also increase the value of your non-economic losses.
Injuries to spectators in a construction accident
If you were injured as a bystander rather than a construction worker, you may have a claim against those who caused the accident. In many cases, you have good reason to claim negligence, as the contractor must take reasonable steps to protect the safety of bystanders.
In order to make a claim, your construction accident lawyer will need to show that you are one of the people the construction company needs to protect. Usually this just means you didn't cross any barriers or ignore warning signs.
Your construction accident attorney will also need to show that the construction company did not exercise reasonable care in securing your site. This usually requires you to show that the company did something that you knew or should have known was dangerous.
Hire Bronx construction accident attorney Ivan M. Diamond for your accident claim
A Bronx construction accident attorney understands the trauma that an industrial accident can cause. You have financial obligations, and without the ability to work, you need to somehow fill the gap.
To discuss how a claim for compensation can help you and your family after your injuries,Contacta Bronx construction accident attorney at the law offices of Ivan M. Diamond for a free consultation at(718) 588-2000.
The Law Office of Ivan M. Diamond
888 Grand Concourse Suite Nr. 1L, 10451
(718) 588-2000
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