Jobsites are dangerous environments filled with heavy machinery, tall structures, and sharp tools. There are numerous opportunities for workers on the site to be injured. If you have been injured in a construction accident, you may be eligible for a legal claim. However, New York has unique laws surrounding personal injury cases, and it is essential to understand how to protect yourself.
First and foremost, legal support is vital to securing compensation for your damages. At Chopra & Nocerino, our dedicated and experienced attorneys have taken on thousands of personal injury claims. We can guide you through your case from start to finish and ensure you receive the compensation you deserve. Call our law office today at (855) NYC-HURT for more information and to schedule an initial consultation.
KEY TAKEAWAYS
- Construction accidents often result from falls from heights, equipment malfunctions, collapsing structures, and falling objects.
- Most injuries are preventable through proper precautions, use of PPE, adherence to OSHA standards, and safety training.
- Understanding your rights, workers’ compensation, and potential third-party liability is crucial for pursuing a claim.
- Filing promptly and consulting an experienced personal injury attorney improves your chances of obtaining full compensation.
Common Causes of Construction Accidents in New York
Several different factors can contribute to an accident on a job site, including heights, equipment complications, collapsing structures, and falling objects.
Falls From Heights (Scaffolding, Ladders, Roofs)
Falls are the leading cause of death and injury in the construction industry, accounting for a significant portion of fatalities. In 2023, there were 421 fatal falls on job sites. Additionally, since 2013, the construction industry has averaged over 300 fatal and 20,000 nonfatal fall-related injuries annually.
To address these alarming statistics, New York enacted Labor Law § 240(1), commonly known as the Scaffold Law. In certain elevation-related accidents, it can provide important protections for construction workers injured in falls or by falling objects when required safety measures were not provided or were inadequate, including:
- It may impose strict liability on owners and general contractors in qualifying cases
- It focuses on gravity-related, elevation hazards
- It requires appropriate safety devices, such as scaffolds, hoists, ladders, and harnesses, when applicable
- It can provide a meaningful legal avenue to pursue compensation, depending on the facts of the incident
Equipment Failures (Forklifts, Cranes, Power Tools)
Malfunctions with job-site equipment are another major issue that can lead to serious injuries. When a forklift, crane, or power tool fails to run as it is designed to, workers can end up hurting themselves through blunt force, electrocution, collisions, and “caught-in” incidents.
OSHA reports that body parts being caught in running equipment or machinery accounted for 12,930 severe injury reports from 2015 to 2021. These types of accidents can lead to life-changing injuries, including amputations, permanent nerve damage, and crushing injuries.
Third-party liability may apply when equipment failure is caused by another party’s negligence. For example, if a malfunction is due to undisclosed defects with the equipment, the manufacturer could be held liable for covering damages.
Electrocution (Exposed Wires, Faulty Equipment)
Like in any other setting, electrocution on a construction site occurs through exposed wiring and faulty equipment. According to OSHA, between 2011 and 2022, there were a total of 1,322 workplace fatalities in the U.S. involving electricity.
Additionally, 77 percent of the 325 contract worker electrocutions that occurred from 2012 to 2016 involved workers employed in the construction industry. To reduce the risk of electrocution injuries and to comply with OSHA standards, workers can implement the following practices on job sites:
- Plan temporary electrical systems carefully and use GFCIs (Safety devices that automatically shut off electrical power when they detect even a slight imbalance in the electrical current).
- Identify overhead and underground power lines in advance and maintain at least a ten-foot clearance, or have utilities de-energize them.
- Apply lock-out/tag-out procedures to ensure circuits are fully de-energized before servicing equipment.
- Verify that all electrical equipment is properly grounded or double-insulated.
- Inspect tools and power cords before use and remove any damaged equipment from service.
- Unplug power tools and machinery before inspecting or repairing them.
- Keep all metal objects away from live electrical circuits or energized parts.
Trench Collapses and Excavation Accidents
Trenching and excavation work pose unique risks. These environments expose workers to multiple serious hazards, such as trench collapses, falling objects and struck-by hazards, dangerous atmospheres, electrocution, and flooding. Because of these risks, trenches and excavations are considered among the most dangerous work environments in construction.
Between 2003 and 2017, there were 373 total deaths from trenching and excavation cave-ins in the U.S., with over 80 percent of those deaths occurring in the construction industry. More recently, in 2022, there were 39 worker deaths attributed to trenching and excavation, doubling the number from 2021, and becoming the highest yearly total in nearly two decades.
OSHA provides guidelines for workers in this industry to help prevent serious and fatal injuries:
- Never enter a trench without a protective system
- Do a thorough inspection of the trench before entering
- Keep excavated soil and heavy equipment away from trench edges
- Provide safe entry and exit methods
- Monitor for atmospheric hazards and water accumulation
Falling Objects and Debris
Unsecured tools, materials, or debris falling from heights contribute to a large number of accidents in the construction industry. In 2020, there were around 150 fatal and 14,000 nonfatal struck-by injuries in the construction sector. Solid building materials, scrap and debris, hand tools, powered or non-powered equipment, and flying objects are among the most common causes of “struck-by” incidents.
One of the most essential preventive measures workers can take is to wear protective equipment on the job, including hard hats and high-visibility vests. Additionally, the following steps can be taken:
- Secure all tools, equipment, and materials at heights
- Install physical protection systems (toe boards, guardrails, debris nets, and canopy structures)
- Maintain proper material storage
- Control overhead work zones
- Conduct routine inspections
- Keep the jobsite clean and organized
- Use proper scaffolding and fall-protection systems
How To Protect Yourself on the Job Site
The majority of job-site injuries are preventable. Taking proper precautions to reduce the risk of accidents is key to creating a safe, secure work environment.
Use of Personal Protective Equipment (PPE)
Personal protective equipment includes items such as hard hats, gloves, and safety harnesses. Each of these tools plays a vital role in reducing injury risk to specific parts of the body. However, each item must be up to code and used correctly to provide optimal protection. Issues such as rips in fabric or broken fasteners can reduce the equipment’s effectiveness, putting the worker at risk of serious injury.
Adherence to OSHA Guidelines and Safety Protocols
All job sites must follow OSHA standards for fall protection, scaffolding safety, and excavation safety. This includes the following:
- Provide proper fall protection (guardrails, safety nets, or personal fall-arrest systems) for work at heights of 6 feet or more.
- Ensure scaffolds are built, inspected, and used in accordance with OSHA standards, including stable foundations, guardrails, complete planking, and qualified-person oversight.
- Protect workers in trenches and excavations with sloping, shoring, shielding, or trench boxes for anything more than five feet deep, and have a competent person inspect conditions daily.
Adherence to these regulations reduces the likelihood of severe, even fatal accidents.
Reporting Unsafe Conditions
Workers should be instructed to report any issues or unsafe conditions they come across. Following the correct process ensures that the problem is addressed before it can lead to an accident.
This typically involves notifying a supervisor, submitting a report, stopping work as needed until the issue is addressed, and contacting OSHA if the employer does not correct the hazard. Workers may have protections against retaliation for raising workplace safety concerns under federal and, in some cases, state law.
Regular Safety Training and Drills
Ongoing training and safety drills keep workers prepared for emergencies by doing the following:
- Reinforcing knowledge and skills
- Building muscle memory and confidence
- Identifying gaps in procedures
- Encouraging teamwork and coordination
- Keeping compliance with OSHA and industry standards
It is highly recommended for employers to schedule regular safety audits and meetings.
Legal Rights and Liabilities in Construction Accidents
If you or your loved one has been injured in a construction accident, it is important to understand your legal rights and how these impact liability in a claim.
Construction Accident Liability
Several different parties could be held liable for a construction accident, including contractors, subcontractors, equipment manufacturers, and property owners. In most cases, fault is determined by the cause of the accident and the parties involved.
Workers’ Compensation vs Personal Injury Lawsuit
If applicable, workers’ compensation may cover several damages, such as medical bills and lost wages. However, a personal injury lawsuit may be necessary in cases involving third-party liability, such as defective equipment or subcontractor negligence.
OSHA Standards
OSHA regulations that apply to construction sites, such as fall protection, scaffold safety, and excavation safety, play a role in preventing accidents and in responding to their aftermath. OSHA citations and safety-rule violations may be evidence relevant to negligence, depending on the facts and how the court treats it.
Insurance Coverage for Construction Accidents
Workers’ compensation is a state-mandated insurance program that provides benefits to employees who are injured on the job. In New York, almost all employers are required to carry workers’ compensation insurance. This insurance can cover damages like medical bills, lost wages, and disability benefits.
Similarly, general liability insurance protects contractors and businesses from financial losses if they are found legally responsible for injuries or property damage caused by their negligence. However, if the responsible party does not have sufficient insurance, underinsured or uninsured coverage may apply.
Real-Life Case Studies and Legal Insights
Settlement obtained right before engaging in trial. A scaffolding collapsed on a construction worker, causing him to fall and sustain catastrophic injuries. He required spine surgery for the neck and back injuries.
(New York Labor Law Section 240) – A male construction worker, age 28, suffered a severe hand injury requiring surgery. He suffered no other physical injuries aside from the hand but as a result could no longer return to work.
Talk to Chopra & Nocerino Lawyers About Your Construction Accident Claims Today
Construction site accidents can result in serious injuries, and understanding your rights and available protections is critical to getting the compensation you deserve. Filing your claim promptly helps ensure evidence is preserved and increases your chances of a fair settlement.
If you have been hurt on the job, it is essential to act quickly and consult with an experienced personal injury attorney. Contact Chopra & Nocerino today for a free consultation to discuss your case and explore your options for pursuing full compensation.
