Practice Information Center - Construction Accidents
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Construction workers must deal with some of the most dangerous working conditions faced by employees in any industry, and serious work-related injuries at construction sites occur with unfortunate frequency.
If a Construction Accident Has Put You Out of Work, Call Us
New York City Construction Accident Injury Lawyer
If you are a construction worker who has been injured on the job, you need vigorous legal representation to help you recover maximum compensation for your injuries. Our firm has earned a reputation for providing effective representation for personal injury litigation claims in courts throughout the New York City region. At Kahn Gordon Timko & Rodriques, P.C., our only business is seeking justice for victims of negligence. We invite you to learn more about construction accident injury and wrongful death claims on this page.
Contact us to schedule a consultation at no cost. We handle personal injury claims on contingency. If you don't recover money damages for your claim, you won't pay attorney fees.
Construction Accidents - An Overview
Construction workers face some of the most dangerous working conditions in the country on a daily basis. Although there are regulations, statutes, ordinances and industry standards that mandate employers must provide a reasonably safe working environment, construction workers still suffer serious injuries at an alarming rate. The sheer number of hazards on a construction site makes it virtually impossible to prevent all injuries from occurring. These hazards include falls from scaffolds and other elevations, being struck by moving or falling machinery, electrocution, health hazards resulting from exposure to asbestos and chemicals, injuries caused by defective or unsafe equipment, and lifting and repetitive motion injuries.
If you have suffered, or if one of your family members has suffered, injuries as the result of a construction accident, a lawyer experienced in construction accident and injury litigation from Kahn Gordon Timko & Rodriques P.C. in New York, New York, can help you understand your rights.
Who may be liable for a construction site injury?
There are many different parties who may be liable when a construction worker suffers a work-related illness or injury:
- Property owners
- General, prime and sub-contractors
- Architects, engineers or other designers
- Construction managers
- Suppliers and manufacturers of equipment and materials
The liability of these various parties depends on the type of management and oversight system of the construction project. The main legal question with regards to liability for construction workers' injuries concerns who maintains control and authority over the property where the work is being done and the type of work that is being done. For example, in larger projects, much of the work is delegated to sub-contractors, whether by general contractors or a construction management organization.
It is important to name all potential liable parties at the outset of any litigation to preserve your claim against them. An experienced construction litigation attorney can help you determine who the responsible parties may be according to the specific circumstances of your case.
OSHA and safety regulations
Safety regulations under the Occupational Safety and Health Act of 1970 (OSHA) have been adopted by most states in some form, and these regulations apply to work done at construction sites. Whether a general contractor, sub-contractor or other party has the responsibility for ensuring compliance with OSHA regulations often turns on who was in control of the job site or job activity when the employee was injured. The legal effect of a violation of OSHA regulations will vary depending on the state in which the injury took place. In certain jurisdictions, if it can be shown that an OSHA regulation was violated and an injury resulted, no additional evidence is needed to establish that the employer was negligent.
OSHA regulations are not the only legal standards to which a property owner, general contractor or sub-contractor may be held in determining liability for a construction accident. Often the property owner or general contractor will have his or her own set of safety rules, either generally applicable or specific to the construction project at hand, designed to protect those performing work on the project. Violations of these regulations may serve to support a claim for damages following a construction site accident.
Pursuing a claim for a construction accident injury
If you have been injured as a result of an accident at a construction site, there are a number of things you can do to protect yourself and your legal rights:
- Report the injury to your employer and/or construction site manager as soon as possible, noting the name and position of the person you notified.
- Get the names and contact information of anyone who may have witnessed the accident.
- If possible, try to preserve any evidence related to your injury by taking photographs of the area where you were injured, taking photographs of the injuries themselves) or keeping the equipment or tool that was involved in your injury.
- Get medical attention for your injuries.
- Consult an attorney as soon as possible to help you evaluate any potential claims and discuss your state's workers' compensation laws.
Contact a construction accident attorney
Your case may be won or lost based on the work done before it goes to trial. Discussing your case with a lawyer who is experienced in the area of construction injury law is a good place to start. Contact Kahn Gordon Timko & Rodriques P.C. in New York, New York, today to schedule a consultation with an attorney experienced in handling construction accident injury cases.
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