Bronx Construction Accident Lawyer
Approximately 150,000 accidents occur at U.S. construction sites every year. In 2013, 82,040 non-fatal injuries and 796 fatalities were reported in private industry, according to the US Bureau of Labor Statistics, making construction one of the most dangerous of all occupations.
As a Bronx construction accident lawyer at Domina Law, we have recovered millions of dollars in compensation for construction accident victims and their families.
It is the legal responsibility of employers and others involved in construction worksites to maintain a safe construction environment without known dangers. The Occupational Safety and Health Administration (OSHA) is the government agency that sets safety standards for worksites. When OSHA standards are disregarded, preventable accidents take lives and destroy the health of construction accident victims. When negligence causes an injury or wrongful death on a construction site, the victim or surviving family members may be able to recover monetary compensation. Violation of OSHA standards is often an indication of negligence in applying and enforcing procedures to ensure workplace safety.
The “Fatal Four”
According to OSHA, four accident types, dubbed the “Fatal Four,” are responsible for almost three-fifths of all construction worker deaths, and countless other injuries. The “Fatal Four” include:
- Falls from high places, including ladders, scaffolding, staging, roofs, or structural steel.
- Caught-in/between crush accidents.
- Being struck by a falling object, vehicle, or a piece of equipment.
Ladder Accidents on Construction Sites
OSHA estimates that as many as 36 deaths and 24,882 injuries occur annually due to falls from ladders and stairways used in on construction sites. Ladders are often unstable, causing them to tip over or slip. Old ladders may break. Ladder accidents can be prevented by:
- Providing workers with protection to prevent falls (restraints, barricades, spotters)
- Inspecting ladders for wear or defects
- Maintaining ladders properly
- Only using ladders with slip-resistant steps
- Keeping metal ladders away from electricity
- Not allowing ladders to be placed on unstable surfaces
- Not making workers to carry too much weight while on a ladder
- Not allowing ladders to be propped on each other to reach higher levels
Failure to institute these safeguards may constitute negligence. Dino Domina, an experienced Bronx construction accident attorney is able to negotiate on behalf of an injured party to recover compensation damages.
Scaffolding accidents contribute to a large proportion of construction injuries because roughly 65 percent of all workers in the construction industry have to work on scaffolds, according to OSHA. The Bureau of Labor Statistics reports that accidents on scaffolds have one of these three causes in 72 percent of the cases:
- Planking or supports slipping
- Workers slipping and loosing footing
- Workers falling after being stuck by a falling object
If OSHA safety standards are in place, most of these accidents can be entirely prevented. But they are often ignored, resulting in:
- Scaffolding being used improperly
- Scaffolding being installed improperly
- Scaffolding with defective components
- Inadequate maintenance of scaffolding
When these conditions are found, the injured construction worker may have a cause of action to recover damages, if a third party—someone other than the employer—was responsible. If the employer was at fault, the injured person will typically file a Worker’s Compensation claim.
The two most common types of roofing accidents are:
- Burns from hot roofing tar
A fall from a roof can cause extremely serious and life-changing injuries or death. Workers should be protected from falls by employing a fall protection system using anchors, body supports, slide guards, harnesses, and lanyards. Roofing tar burns may be prevented by providing workers with goggles and thermally insulated gloves, and by keeping hot tar away from sparks or electricity that could cause it to ignite.
Failure to provide these may be construed as negligence and cause a construction accident.
Common Construction Accident Injuries
Construction accidents often result in extremely serious and disabling injuries, including:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Burns and inhalation injuries
- Serious fractures
- Crush injuries
- Damage to vital organs
A large number of these injuries and deaths can be prevented if proper safety procedures are adhered to at the work site. When it can be demonstrated that OSHA procedures were not being followed, an accident can often be attributed to someone’s negligence, and the victim is entitled to recover compensation.
Worker’s Compensation vs. Third-Party Claims
In many on-the-job accidents the injured worker will apply for Worker’s Compensation benefits to cover the cost of medical expenses and lost earnings. But Worker’s Comp is limited and does not provide any compensation for non-economic damages: pain and suffering, loss of enjoyment of life, emotional anguish, disfigurement, psychological problems, and other damages to your quality of life. But if someone other than your employer was at fault, you may have a third-party liability claim, which will entitle you to recover non-economic or intangible losses.
At Domina Law, we understand that these non-economic damages may have an even greater impact on your life than the financial ones, and these losses need to be compensated. As a construction accident attorneys in the Bronx, we investigate your accident to determine if third parties, other than your employer, were instrumental in causing your accident through their negligence. These might include property owners, architects, engineers, contractors, subcontractors, vendors, manufacturers of defective equipment, or others. A Bronx construction accident lawyer is able to call upon construction safety experts when necessary to prove third-party liability, which opens the possibility of your receiving the compensation you deserve for non-economic damages.
At Bronx Construction Accident Lawyers: You Owe Us Nothing Unless We Win
Injured construction workers often simply “make do” with Workers’ Compensation benefits alone, because they are unaware that they may have other options in the form of a third-party action. You can learn if you qualify for these additional benefits by call Domina Law to schedule a free consultation to explore your legal rights following a construction injury or wrongful death. Because of legal time restrictions on filing and the importance of investigating while evidence is fresh, it is essential to get started as early after the accident as possible. Contact Domina Law offices for a free consultation with a Bronx construction accident lawyer on 718.962.0600 today.