Due to the dangers of construction sites, it doesn’t matter how many laws are enacted or how many warning signs are posted. There will always be accidents because humans make mistakes, and sometimes, even though we follow the safety rules, incidents happen out of our hands.
In Yonkers, hundreds of construction projects equal thousands of workers who aim for the same objective: to finish their tasks without any incident. However, it’s just a matter of time before some unfortunate mistake or malfunction could injure someone.
The Ward Law Group is ready to assist those construction workers injured in a construction accident. We are experts on the laws and can help you to guarantee your rights.
A construction accident victim must seek legal help because these accidents are confusing and complicated for non-trained people.
Types of Construction Accidents
Construction projects have many phases, each with different tasks, and workers employ different tools. For instance, in one of the first phases, where they must clean the land and mark the lines where they are going to place the buildings' footing, they may use earth-moving machinery such as excavators and large trucks.
If workers are not well qualified to use such heavy machinery, they can cause accidents that may endanger the lives of their partners.
When the building they are working on has multiple levels, they require a crane on site. These machines carry heavy materials such as blocks, steel bars, and cement to superior levels.
We have seen a lot of fatalities involving crane malfunctioning or because of the lack of expertise of the crane operator. Other types of construction accidents that can be found are:
- Falls from Heights
- Slips and Falls
- Machinery Accidents
- Electrical Accidents
- Elevator Accidents
- Welding Accidents
- Scaffolding Collapses
- Trench Collapses
- Struck by Object or Equipment
Common Causes of Construction Accidents in Yonkers
There are strict rules to keep a safe environment. In theory, if all workers were not negligent and followed those instructions, they would minimize the possibility of accidents at the workplace. So, we can say that not following those rules is one of the common causes of construction accidents.
The many years that workers have in construction projects make them feel that they are not in danger because they are used to doing what they do, and sometimes, that extra confidence is the one that makes them act negligently, putting themselves at risk of losing their lives.
Accidents that can be found at a construction site are:
- Equipment Malfunction
- Safety Violations
- Negligent Supervision
- Inadequate Training
- Subcontractor Negligence
Typical Injuries Sustained
Depending on the phase of the construction, the type of the accident, and the force that the victim received, they are exposed to significant injuries that can impair them temporarily or permanently.
Those accidents have consequences for the victim, such as financial burdens, medical treatments, and psychological issues.
All construction workers must use protective gear to help them minimize the effect of any accident they may have or to avoid them. For instance, any person who enters the construction site MUST wear a helmet. This helmet must be tested and approved by international standards to protect the user’s head properly.
Workers at a construction site must also wear proper footwear (steel-toe boots) and reflective vests to be well visible to heavy machinery operators. Workers can use other safety implements depending on their specific tasks. The most common injuries sustained by construction workers are:
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Fractures and Broken Bones
- Electrical Burns
- Amputations
Who Is At Fault In a Construction Accident in Yonkers?
When a Yonkers construction accident lawyer analyzes an accident, they must determine who was liable or what circumstances caused it. That is an investigation that a professional must do.
It can be found that a defect in a tool that the worker was using caused the worker to step back and fall from a scaffold or cause them to lose grip on the tool, which would hit someone else, causing injuries.
Multiple causes could initiate an accident, and your construction accident attorney must determine why the accident occurred.
Injured workers can present a claim on their comp through human resources offices. They will receive immediate assistance, and this insurance will cover their expenses. This insurance coverage is why workers can’t file a lawsuit directly to their employers.
However, that does not prevent the injured worker from filing a lawsuit against any third party that may have caused the accident. Workers’ comp coverage pays for medical expenses, a percentage of lost wages, and other expenses related to the worker’s injuries.
However, workers' compensation coverage is limited and often falls short of covering everything. Workers are entitled to seek extra compensation if a third party causes an injury during their job, and workers’ compensation coverage is not enough.
That often happens when the injuries sustained are serious, like an amputation, a traumatic brain injury, or any other disabling injury.
What is the Statute of Limitations for Construction Accident Cases?
The statute of limitations is a law that sets a time limit on filing a lawsuit after an injury. In New York, the statute of limitations for construction accident cases is three years.
This means you have three years from the date of your injury to file a lawsuit against the person or entity responsible for your injuries.
There are a few exceptions to the three-year statute of limitations. For example, if you were a minor at the time of your injury, you have three years from your 18th birthday to file a lawsuit.
Additionally, if you were injured due to a government entity's negligence, you may have to file a notice of claim within 90 days of the accident.
If you fail to file your lawsuit within the statute of limitations, you will likely be barred from recovering compensation for your injuries. However, there are sometimes situations in which you can’t file a lawsuit for other reasons.
For example, if you can show that you were prevented from filing your lawsuit by fraud or mistake, you may be able to file your lawsuit late. This is why it is important to speak with an experienced construction accident lawyer as soon as possible after your accident.
A construction accident lawyer can help you determine if you have a valid claim and file your lawsuit within the statute of limitations.
What kind of compensation can I expect?
If you have been injured in a construction accident in Yonkers, you may be entitled to compensation for your losses. The amount of compensation you can expect will depend on the specific facts of your case, but it may include:
Medical expenses: This includes the cost of your medical care, such as doctor's visits, hospital bills, and prescription medication.
Lost wages: This includes the money you have lost due to your inability to work.
Pain and suffering: This is compensation for the physical and emotional pain and suffering you have experienced due to your injuries.
Disability: This is compensation for your loss of earning capacity.
Wrongful death: If your loved one was killed in a construction accident, you may be entitled to compensation for their wrongful death.
In addition to these damages, you may also be entitled to compensation for other losses, such as funeral expenses or the cost of rehabilitation.
It is important to note that you may be able to recover compensation from both your employer's workers' compensation insurance and from a lawsuit against a third party.
Workers' compensation insurance is a no-fault system that benefits employees injured on the job, regardless of who was at fault for the accident. However, workers' compensation benefits are limited and may not cover all your losses.
If you have been injured in a construction accident, speaking with an experienced construction accident lawyer is important to discuss your legal options.
Yonkers and New York State Construction Laws
OSHA Compliance:
The Occupational Safety and Health Administration (OSHA) is a federal agency that sets and enforces workplace safety standards nationwide.
OSHA standards apply to all construction sites in New York State, regardless of the size of the project or the number of workers employed. Some of the key OSHA standards for construction sites include:
Fall protection:
All workers exposed to the risk of falling from a height of 6 feet or more must be protected by fall protection. This can include guardrails, safety nets, or personal fall arrest systems.
Scaffolding:
Scaffolding must be properly erected and maintained to prevent collapses.
Excavations:
Excavations must be properly sloped or shored to prevent cave-ins.
Electrical hazards:
Electrical hazards must be identified and corrected to prevent shocks and fires.
Machinery:
Machinery must be properly guarded to prevent injuries.
New York Labor Laws:
The New York State Labor Law also contains several provisions that protect construction workers. These provisions include:
Right to a safe workplace: Employers must provide a safe workplace. This includes providing adequate safety equipment and training and preventing accidents.
Right to refuse unsafe work: Employees can refuse work if they believe it is unsafe.
Wage and hour requirements: Employers must pay their employees the minimum wage and overtime pay, and they must keep accurate records of hours worked.
Workers' Compensation Laws:
Workers' compensation is a no-fault insurance system that benefits employees injured on the job, regardless of who was at fault for the accident. Benefits include medical expenses, lost wages, and disability benefits.
Get Help From A Construction Accident Lawyer in Yonkers
You are entitled to compensation whenever these accidents affect you or a loved one. Do not hesitate to get help from our experienced construction accident attorneys. The Ward Law Group has been helping people involved in these accidents.
With several years of operation, we have built a reputation of success and are ready to work tirelessly to bring justice to your side. If you don’t know who is liable and nobody at work is willing to help clarify this, our lawyers can run a thorough investigation to find the responsible parties.
We are committed to winning fair compensation for our clients. If you have any doubts, contact our lawyers at 855-DOLOR-55 for a free consultation on your case, or you can chat through our online channel.