What Are The Common Injuries Sustained On Construction Sites?
The most common injuries on construction sites occur when workers fall from heights, and when objects fall from heights and land on workers.
Who Could Be Held Liable For An Injury That Is Sustained On A Construction Site?
New York State gives very specific, important, and strong protection for construction workers who are injured on job sites. There is strict liability, with some exceptions, for persons who fall from heights and for accidents involving objects that fall from heights. There is also liability for other injuries that occur on construction sites. There are specific regulations with which general contractors and owners of premises must comply. These regulations are listed under Section 241(6) of New York State Labor Law.
What Steps Should I Take If I Have Been Injured In A Construction Site Accident?
Anyone who has been injured in a construction site accident should first seek medical attention. Next, they should contact an attorney who can immediately start an investigation into what occurred, obtain the necessary evidence, and speak with witnesses.
What Is The Statute Of Limitations For Filing A Construction Site Related Injury Claim?
The statute of limitations in New York State for a construction injury is three years. However, there are exceptions. For example, the statute of limitations for wrongful death is two years and the statute of limitations for a case against a municipality or government entity is generally one year and 90 days, but there are exceptions and usually requires a notice of claim to be filed within 90 days. It’s best for an individual to immediately consult an attorney to preserve whatever rights they have and ensure that they are operating under the correct statute of limitations.
What Damages May Be Recovered In A Construction Accident?
The damages that can be recovered in a construction accident include past and future medical bills, past and future lost earnings, past and future pain and suffering, past and future loss of services for a spouse, and past and future loss of enjoyment of life.
Can I File A Personal Injury Lawsuit Against My Employer After Receiving Workers’ Compensation Benefits?
An employee would only be allowed to file a personal injury lawsuit against their employer if they were injured on the job and the employer did not have workers’ compensation insurance and the employee did not file a claim under the uninsured fund. If the employer does have workers’ compensation insurance, then the injured worker would be barred from filing a personal injury lawsuit against the employer.
What Type Of Evidence Is Helpful In Construction Site Accident Claims?
Photographs of the area where the injury occurred, statements from witnesses, and information about the owner or person in control of the premises are important forms of evidence in construction site accident claims. Proof of income or wages, and evidence of safety meetings or compliance with OSHA standards are also important.
What Can Be Done If The Company’s Insurance Carrier Denies Liability?
If the company’s insurance carrier denies liability, then the wisest course of action would be to hire a lawyer. Insurance companies are not in the business of paying claims; they are in the business of trying to find excuses for not paying claims. A lawyer will help marshal the evidence, apply the law, and hopefully obtain a recovery.
What Role Does OSHA Play In Construction Site Injury Cases?
Any violation of OSHA rules or regulations is evidence of negligence, and therefore very important in a construction site injury case.
Why Is It Critical To Hire An Experienced Attorney To Handle My Construction Accident Claim?
An experienced attorney will know what the law is and how to apply it in a way that will best benefit the client. For instance, I recently settled a case in which my client was adjacent to a sidewalk loading construction tools into a vehicle when he was hit by another vehicle. Many people would view such a situation as nothing more than a car accident, for which a $25,000 minimal automobile policy can apply. However, I was aware of the fact that the Industrial Code states that when construction work is being performed on or close to a roadway, certain provisions must be followed. More specifically, there must be a barricade and a flag person to warn oncoming motorists. While the motion for summary judgment was pending, I was able to settle the case for $950,000. A lawyer who was not familiar with that provision of the labor law might not have been able to obtain such a large settlement.
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