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In 2019, the construction industry saw over 1,000 fatal injuries due to falling objects, crane accidents, falls, and other types of hazards. Around 20% of all work-related deaths are within the construction industry. Many severe or fatal accidents are due to some form of negligence by a contractor, subcontractor, or employer.
While the Occupational Safety and Health Administration (OSHA) requires construction managers and employers to provide safety training and maintain a safe environment to prevent construction accidents, not all of them make it their priority to ensure their construction workers stay safe. If you were in a construction accident and suffered serious injuries and lost wages, it may be due to negligence on your employer’s part. Along with taking a few steps to ensure you get the compensation you may be due, like contacting a construction accident lawyer, you first need to know what type of construction accident you were involved in.
Types of Common Construction Accidents in New York
Falls make up over 58% (more than half) of unintentional fatal injuries among construction workers. Around 25% of fatal falls occur from scaffolds, 16% occurred from ladders, and 11% occurred from roofs. Being crushed, struck, or caught between equipment or objects are other common causes of unintentional fatal injuries and make up 32% of injuries among construction workers.
Falls are among the most substantial risks that lead to accidents on construction sites. There are a number of things that could cause you to fall, such as:
- Improper mounting and dismounting from equipment
- Uneven surfaces
- Improper use of ladders
- Lack of fall protection equipment
- Other types of equipment
While on the construction site, construction workers also face the risk of objects striking them, whether they’re falling materials or a machine.
Lastly, there’s electrocution risk. While OSHA has put regulations in place on how to handle electrical equipment properly and how to use insulation, protective devices, and equipment, electrocution is still a major risk on the construction site. You could end up suffering from severe nerve damage, burns, or cardiac issues if you are involved in an electrocution accident.
3 Steps to Take After a Construction Accident in New York
If you’ve been involved in a New York construction accident, there are a few steps you should take right away:
Seek Medical Attention
Prior to contacting a NY construction accident lawyer, you should get prompt medical attention. Regardless of how you were injured, a medical professional can examine you and provide you with immediate treatment. Your health should always be your main priority in an emergency situation. If you sustain a severe injury, paramedics may need to be called to the construction site.
It’s never a good idea to wait to see a doctor, even if you think you’re fine. This is because certain symptoms can manifest later that day or even throughout the next several days or weeks. For example, traumatic brain injuries often have delayed symptoms. Also, injured workers may not notice any pain from sprains, internal injuries, or bone fractures because of the adrenaline they’ll likely experience after an accident. Waiting too long before seeking medical attention can often make injuries worse or lead to higher medical fees later on down the road.
Inform Your Employer of the Accident
Once you’ve taken care of the medical side of things, it’s important that you report your accident to your employer right away. In many cases, the employer may have already been informed about the accident or may have witnessed it. They may have reported the accident already since they’re required to report it promptly to the company’s insurance company.
Any accident or injury that causes a construction worker to undergo medical treatment or causes them to lose time from work must be reported and documented within 30 days of the accident in order to qualify for workers’ comp. Reporting the accident may help establish your case and could help you financially.
It’s essential that you know that informing your employer of your accident or injury isn’t the same as filing a workers’ comp claim. You have up to two years in New York to file your claim with the Workers’ Compensation Board.
Contact a Construction Accident Lawyer
A construction accident attorney has a clear understanding and experience working with workers’ compensation laws. They understand the different types of construction accident injuries workers suffer from on a daily basis. Filing a workers’ comp claim may help you receive things like temporary and permanent disability payments, vocational rehabilitation, and medical care. Your attorney will work hard to help you obtain help for your medical bills and receive all the benefits you’re entitled to.
One of the biggest differences between a workers’ compensation claim and a personal injury claim is the matter of fault. A no-fault workers’ compensation system has been established in New York. Generally, when a worker files for workers’ comp, they can’t sue their employer for damage. But, if you sustained an injury on the job site as a result of the negligence of another party, you may have the right to file a claim against:
- The owner of the construction site
- Another contractor or subcontractor
- A driver, if it was a work-related car accident on the site
- A vendor
- The manufacturer of defective equipment
In cases like these, it’s important to establish the party at fault. Your construction accident lawyer will work to prove the negligence of the other party in an attempt to establish your right to receive compensation.
Contact the Expert New York Construction Accident Lawyers at Dalli & Marino Today
Most individuals don’t have personal injury law experience. This is why it’s important that you contact a construction accident lawyer. While you’re recovering your health from an injury, you may not have the energy or time to devote to learning all the ins and outs of the law. You can easily lose paperwork or miss deadlines. A lawyer will keep your case updated, allowing you to feel confident knowing your case is being handled appropriately. Individuals who file a claim with the help of a New York construction accident lawyer tend to have better outcomes than those who don’t hire a lawyer.
Dalli & Marino, LLP, understands how challenging a construction accident can be. Between handling all aspects of a tough case to dealing with a strong emotional experience, the expert team at Dalli & Marino, LLP, will fight for your rights and may be able to get you the compensation you deserve. Give our team a call at (888) 465-8790 or fill out our contact form today for a free case evaluation.
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