Have You Been Injured in a Construction Accident in Brighton Beach?
If you have or someone you know has been hurt in a construction accident in Brighton Beach, we suggest you learn about your rights before you agree to any settlements. Before settling for Workers’ Compensation alone, you need to know about compensation available for injuries that occur in Brighton Beach and involve construction sites.
Construction accidents cause severe injuries and fatalities to construction workers in Brighton Beach. Construction site injuries and related legal options can be confusing. They are part of the New York construction accident law, which is known for its complexity. The injured worker or, in the event of death, his/her families may have legal rights that allow for compensation financially and medical care, among other damages.
Please speak with our Brighton Beach construction accident lawyers as soon as possible following your accident. Get your questions answered, learn about your legal rights and work towards getting the maximum compensation allowed by law.
Legal Standards for Construction Site Accidents
Three New York labor laws related to construction protect construction workers from the dangers found at Brighton Beach construction locations. These laws provide legal relief for workers held in the following ways:
- NY Labor Law 200: General duty to protect health and safety of employees; enforcement: Mandates owners, employers, and contractors make sure work sites are reasonably safe; building codes are obeyed; exits, elevators, and fire extinguishers are operating safely; and sites are “constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health and safety” for people who are on the site legally.
- NY Labor Law 240: Scaffolding and other devices for use of employees: Known as the “Scaffold Law” protects workers from gravity accidents. These include ladder and scaffolding falls and falls from other elevated areas. Potential gravity dangers must be correctly constructed, placed, and working in a way that gives workers protection against gravity-related risks. This also includes injury from objects that fall and hit a worker on an elevated surface; the ground level; and sub-grade in a trench, basement, or sub-basement.
- NY Labor Law 241: Construction, excavation and demolition work: Mandates safe procedures for building construction, excavations, and demolitions that the individuals in charge adhere to the safety rules set forth in the New York State Industrial Code.
Construction Worker Injuries and Deaths on Job Sites
When a Brighton Beach construction worker is hurt because of a violation of the labor law due to an owner’s, general contractor’s, or employer’s neglect, the hurt worker, or his/her survivors, can file a construction accident lawsuit that enables these parties to receive at least some recovery for pain, suffering, and economic losses.
Some Brighton Beach construction site injuries may include:
- Amputation of digits
- Amputation of limbs
- Brain damage
- Broken bones
- Cardiac events
- Dislocated bones
- General physical trauma
- Head trauma
- Hearing damage
- Internal bleeding
- Internal injuries
- Neck trauma
- Nerve damage
- Organ injury
- Suffocation from cave-ins
- Visual damage
Construction Accident Statistics
The Bureau of Labor Statistics indicates that some 150,000 injuries occur at construction sites yearly. The Bureau notes that 5,333 workers died in 2019, the most recent year for statistics. This means 3.5 workers died in construction accidents for every 100,000 full-time workers. In other words, there are more than 100 weekly or 15 daily deaths at construction sites. Brighton Beach construction sites share that risk.
A total of 1,061, or 20 percent of these workers, were in construction, totaling one in five deaths yearly. According to OSHA (Occupational Safety and Health Administration, a government agency that sets safety standards for construction sites), falls are deemed in the top ten most often cited death standards by Federal OSHA for fiscal year 2019.
Filing a Brighton Beach Construction Site Accident Lawsuit
Many of these horrific injuries and deaths occur because of a lack of safety and job site management. Owners and contractors must be held responsible for worker safety and provide injured or deceased workers’ families a legal cause of action.
Construction sites, found to house dangerous situations in Brighton Beach, went unnoticed or were intentionally ignored. It’s no surprise that Bureau statistics indicate the construction industry suffers more deaths than any other industry in New York City, where data indicates construction worksites fatalities have increased 33 percent and injuries increased a massive 221 percent compared to the previous five years. Of concern is that about one-third of these accidents discovered by OSHA were not listed on the New York City logs. Sadly, one-quarter of 45,000 construction sites are not in compliance with safety regulations.
If I Am Injured in a Brighton Beach Construction Accident, What Are My Rights?
Workers should never be subject to dangerous and deadly conditions because someone in charge was negligent or irresponsible. This neglect is unacceptable and Worker’s Compensation Laws may not be sufficient to provide appropriate compensation.
Brighton Beach construction injuries that involve Worker’s Compensation coverage can be very confusing. With the exception of specific instances, employers cannot be sued.
For employers to be sued, the injury or death would most commonly be the result of:
- a fall from a scaffold, a dangerous or defective ladder
- being struck by something that fell from a height
- the result of a trench collapse
- a trip and fall on construction equipment or debris that should not have been where it was
- improperly maintained or a dangerously altered piece of equipment, or
- by negligence or actions of a sub-contractor who is not the employer.
To determine your rights for a construction accident in Brighton Beach, you should consult with an attorney who can help you evaluate your case, help you to get paid for your injuries, and help you to support your family if you are not able to work.
Construction Accident Statutes of Limitations
To comply with statutes of limitations, you must notify your employer that you have had an injury eligible for Workers’ Compensation within 30 days. You also have two years from the date of the accident to file a claim outside of Workers’ Compensation.
In some cases, you are permitted up to three years to file a personal injury claim. For instance, if you were hurt due to the failure of a safety device or because of third-party negligence of a third-party. In cases involving municipalities, you are required to file a “Notice of Claim” within 90 days of the accident. Failure to file the notice of claim can result in the loss of your right to bring an action against the municipality.
For this reason, it is critical you act quickly, as our attorneys can help evaluate the case and determine if the municipality is partially or fully at fault.
Covered Brighten Beach Construction Accident Injuries
The most common Brighton Beach Construction Accidents may involve falls from scaffolding, a ladder, equipment, stairs, walkways, roofs, and other heights, as well as through unguarded openings, unsafe passageways, and unsafe walkways; cave-ins; slips or trips; unguarded power machinery; heatstroke; or electrocution.
The four most common construction accidents are known as “The Fatal Four” and represent the leading cause of deaths at construction sites and involve about 77 percent of construction-related deaths, causing 87% percent of construction site accidents in the state of New York including on Brighton Beach. These four include falls, electrocution, entrapment involving equipment or machinery, and being struck by an object. Some other types of accidents include:
- Elevator or stair accidents
- Trench cave-Ins or collapse
- Fires and explosions
- Being struck by equipment or vehicles
- Slips and falls
- Exhaustion and overextension
Workers forced to work long hours in heat or to work through breaks may suffer from exhaustion and are likelier to make mistakes, which can cause self-harm or harm to others. According to studies, wage and hour violators are often violators of health and safety laws and project owners and contractor who overwork and underpay their workers are likelier to commit violations against OSHA.
A third-party personal injury lawsuit would enable you to seek an award for pain and suffering in addition to the medical and wage benefits. This type of lawsuit will help your attorney reach increased recovery beyond what is available through Workers’ Compensation. Your Brighton Beach construction site injury attorney would file a third-party lawsuit and show the defendant is responsible because of a violation of the labor law or negligence. Compensation may be filed for:
- Pain and Suffering
- Future medical bills
- Future rehabilitation expenses, such as physical therapy
- Future Lost Earnings
- Loss of Enjoyment of Life
- Loss of Companionship
Proving Liability in an Accident on a Construction Site
A construction accident is generally extremely chaotic situation. Stay as calm as you are able. If you are able, call 911. Do not move unless you are in an unsafe location. Bystanders should move to a safe place.
If co-workers can, they should gather and preserve evidence, obtain statements from witnesses, and take pictures. Preserve all evidence possible. Use your cell phone camera. If you have reached out to an attorney, he/she will gather emails, security videos, witness lists, and photographs. Your attorney will also file a report to OSHA. Insurers, manufacturers, and suppliers will need to be advised. Employees present at the accident will likely be interviewed.
Call Our Brighton Beach Construction Accident Lawyers Today
If you or a loved one has been injured, it is critical you protect your rights as quickly as possible. Statutes of limitations do not work in your favor, and if a municipality is involved, your window of opportunity to file a claim is very thin.
If you were injured on a construction job in Brighton Beach or elsewhere in New York, contact our construction accident lawyers today at Law Office of Irene H. Gabo, P.C., call us at 800-560-0214 or complete the form on this page. We will provide you a free case review and help determine the potential value of your case.