For a city that is constantly growing like New York, commuting around construction sites is part of everyday life. Unfortunately for the construction workers in NYC, construction accidents are also a common occurrence.
Nearly 50% of those who are injured on a construction site find that their workers’ compensation claim is denied. Without insurance to help them pay for their medical expenses and to cover at least a portion of their lost wages, victims may find that their best option is to pursue a personal injury lawsuit.
The attorneys at Lipsig, Shapey, Manus, and Moverman P.C. have helped thousands of construction workers and their loved ones following an injury. We are dedicated to making sure that all victims understand their legal rights after an accident.
Construction Accidents And Injuries In Brooklyn
When working with power tools, large machinery, electricity, and from great heights, the chance of being injured is high. Victims in most cases are able to pursue legal action against the party responsible for their injuries. The legal options available to a victim depend on the type of accident that they were involved in. Some of the most common construction accidents in Brooklyn involve:
According to the Occupational Safety & Health Administration (OSHA), around 65% of all construction workers use either suspended or supported scaffolding. Nearly 4,500 workers are injured on scaffolding every year, and sadly, the majority of these injuries were preventable. In response, OSHA has enforced strict safety standards in an attempt to protect construction workers and the state of New York has created the “Scaffolding Law”. To learn more about scaffolding accidents and OSHA’s safety standards, click here.
A fall from even just a few feet off the ground can result in serious injuries. Construction company owners are obligated to make sure that all ladders on their work sites are safe and properly secured while being used. To learn more about how the state of New York protects workers involved in ladder accidents via the “Scaffolding Law,” follow this link.
New York’s “Scaffolding Law” doesn’t just cover scaffolding and ladders. On construction sites, it doesn’t take much more than a small bump to send power tools, wooden boards, paint cans, or other objects over the side of a building or scaffold. While all individuals on a construction site are required to wear hard hats, a falling object can still injure or kill the person it strikes. To learn more about accidents involving falling objects, click here.
OSHA estimates that around 350 construction workers die yearly from electrocution. This makes electrocution one of the most deadly accidents an individual can be involved in. Victims may find that other electricians, general contractors, subcontractors, or even property owners contributed to the cause of their accident by being negligent. To learn more about the rights of electrocution victims and their family members, follow this link.
Some of the the largest and heaviest equipment used by construction workers, a mistake involving cranes can cause catastrophic damage. Those who are injured by the crane may easily have career-ending injuries. To learn more about how you can begin building a bright future for your family, click here.
Injuries suffered during a construction accident can lead to unexpected medical expenses and necessary long-term medical care. To learn more about the common injuries suffered by construction workers every day, follow this link.
Frequently Asked Questions
Do I Have To Inform My Employer About A Construction Accident?
Yes. New York State’s Workers Compensation Board requires that each employee injured on a construction site give their employer written notice of the accident within 30 days. If this written notice is not supplied to the employer, you risk not being able to collect workers comp benefits.
What Else Should I Do After An Accident?
Following an accident on a construction site, you should take steps to protect yourself and your loved ones, like:
Seeking Medical Attention
Don’t hesitate to see a doctor after an accident. While it is acceptable to agree to any on-site care that your employer may offer, you should always follow up with your own personal physician.
Document the Accident
Keep copies of all medical records, photographs, or witness statements that pertain to the accident and your injuries. These documents may be vital should you choose to pursue legal action.
Speak To An Attorney
Before making any statements to an insurance company, consult with a construction accident attorney. Any statements you make to the insurance company may be used to decrease or deny your benefits, so it is important to relay all information to an attorney who can assist you in making your statement.
What Will Workers’ Compensation Cover?
The benefits an injured employee can obtain from workers compensation are limited. These benefits include:
This is the only benefit that workers’ compensation will pay in full. This benefit pays all care that directly stems from the injury you suffered on the work site. However, for some procedures the insurance company requires a pre-approval, which they may deny.
Based on your doctor’s assessment, the insurance company will estimate a percentage that represents how injured you are. This percentage is then multiplied by two-thirds of your weekly salary. This benefit is only given to workers who are unable to return to work for more than seven days.
The surviving dependents are entitled to a weekly cash benefit that is equal to two-thirds of the deceased’s weekly wage. Funeral expenses are also granted, although only up $6,000.
Why Should I File A Construction Accident Lawsuit?
A little known fact is that a stunning 50% or more of all workers’ comp claims are denied by the insurance company. Pursuing legal action may help victims receive full compensation for their losses. Damages can also be awarded for losses that a workers’ comp claim would never cover.
Examples of losses that you may receive compensation for are:
- past and future medical expenses
- lost wages and earning capacity
- physical pain and suffering
- emotional trauma
- loss of consortium, and
- punitive damages
How Much Will It Cost To Hire A Lawyer?
The attorneys at Lipsig, Shapey, Manus, and Moverman P.C. work on a contingency fee basis, which means that you pay nothing until we win your case. To learn more about the legal options for victims of a construction accident, contact us at (888) 930-1447.
Latest Construction News
By Tom Moverman
June 15, 2017- Construction Worker Hospitalized After Falling Into A Trench
A construction worker was hospitalized after he fell into a trench at a site in Farmington Hills. According to authorities, the man was working up on a scaffolding when he fell almost 20 feet into a trench at a lot where a hospital expansion is underway. It took rescue crews nearly 20 minutes to lower someone down where he was and bring him back up to the ground. The worker reportedly suffered a series of broken ribs, and a T-12 spinal fracture as well as other injuries. It is still unclear if he was wearing a safety harness or how the accident actually ended up happening.
May 18, 2017- Brooklyn Construction Company Charged With Manslaughter
There have been charges filed in the death of a construction worker that occurred in 2015. The worker was killed when a wall collapsed at a site in Brooklyn. The owner of the construction company that employed the 19-year-old victim is faced with manslaughter charges, criminally negligent homicide and various offenses. According to prosecutors employees of this company were working at a construction site on Myrtle Avenue in Bedford-Stuyvesant replacing a one-story building with a five-story building when the employer ordered a few of his employees to excavate at the back of the lot in an area not permitted by the plans already approved by the Department of Buildings. Learn more about how the employees reacted to this reckless endangerment that caused the death of one of the workers here.
April 24, 2017- Hyatt Parking Deck Collapses And Injures Construction Worker
A Hyatt Place hotel parking deck that was under construction partially collapsed and injured three construction workers. Fortunately, the workers only suffered minor injuries. It is not entirely known what caused the accident to happen. However, it looks as though a section of the deck collapsed or as though a crane may have dropped a piece of pre-cast concrete onto the deck. The injured workers’ had bruises and bangs and only one person needed to be taken to a hospital.
March 29, 2017- Construction Debris Flies Off Building Due To High Winds
Due to high winds, construction debris flew off a building’s roof on the site of the former Long Island College Hospital in Cobble Hill. The debris smashed through the window of a nearby brownstone and hit a light pole and littered a residential stretch. A stop order was quickly issued by the Department of Buildings on construction at the land marker Polhemus building which is being converted into 17 luxury apartments. This accident marks the third incident on the development site. These accidents have raised serious concerns in the neighborhood although no injuries have been reported yet.
February 28, 2017- 2,500 Pound Metal Pipe Kills Construction Worker
A construction worker died after he was crushed by a 2,500-pound metal pipe at a construction site. The 38-year-old worker was unloading metal pipes from a trailer when one of the pipes came off and landed on him. Emergency responders were called to the scene shortly after, unfortunately, the construction worker died at the scene. It is not clear if the accident is under investigation or not.
January 13, 2017- Man Falls During Home Construction
A construction worker recently fell from the top of a home being built. The home was over 12-feet high and the man lost consciousness after his fall. It was later reported that the worker regained consciousness in what had appeared as a serious head injury. This accident highlights the dangers of head injuries on construction sites and the need for proper safety protocols. For more information about the accident go here.
December 14, 2016- Construction Worker Dies At Old Domino Sugar Site In Brooklyn
Earlier this month, a construction worker died after he fell from scaffolding at the site of a residential development in Brooklyn. The 59-year-old worker was installing a facade on development that was part of the former Domino Sugar refinery on the Williamsburg waterfront. He fell down a number of floors and suffered head injuries. He was taken to Woodhull Medical Center where he later died. The construction worker’s death is the city’s estimated 11th construction death this year. The cause of the fall is being investigated.
November 2, 2016- Construction Worker Falls Down Elevator Shaft In Brooklyn Building
On November 2, 2016, a construction worker fell through several floors into an elevator shaft in a Brooklyn building. According to his co-workers, the fall occurred when a wooden board the man was standing on snapped. The construction worker was wearing a helmet and harness, but his co-workers suspect that the harness was not properly fastened. The worker is listed in critical condition at Elmhurst Hospital. The Department of Buildings remained on site investigating the cause of the accident.
October 12, 2016- Brooklyn Construction Worker Dies At Hotel Construction Site
A 43-year-old construction worker died on Tuesday, October 11, 2016, at the site of a hotel going up in the Boerum Hill neighborhood at the edge of Downtown Brooklyn. According to the NYC Department of Buildings, the construction worker was drilling piles when a shackle from a crane snapped off, fell down and hit him on the head. He was found unresponsive and unconscious with serious trauma to the body and was pronounced dead at the scene.
September 1, 2016- Construction Accident On Upper West Side Leaves Two People Critically Injured
Two people were seriously injured on September 1, 2016, after a construction accident took place on the Upper West Side in New York. The injured people were taken to an area hospital from a construction site on 27 West 86th St. between Columbus Avenue and Central Park West, according to FDNY officials. The cause of the accident has not been disclosed yet.
August 17, 2016- Construction Worker Pronounced Dead On The Scene In Miami Beach Accident
On August 17th, a construction worker was killed in an accident at a construction site in Miami Beach. The man was pronounced dead at the scene. Investigators stated that a cement truck that was under the scaffolding that was hanging from an east wall of an apartment building, must have somehow gotten hold of one of the cables tied to the scaffolding. As the truck was pulling out of its spot, the worker must have fallen due to the unleveled scaffolding. The worker fell several stories and died immediately.
July 13, 2016- Construction Workers Injured In Electrical Accident
Recently, in Texas, two construction workers were taken to hospital following an accident with an electrical line with their equipment. It was reported that one worker had to be flown out for treatment and another was transported to an area hospital. Both workers are expected to survive.
June 3, 2016- Two Construction Workers Injured At Utah Work Site
In Salt Lake City, Utah two construction workers who were using scissor lifts were involved in an accident that left them critically injured on Thursday, June 2, 2016. According to Salt Lake City fire officials, the two men suffered injuries after they fell on the sixth floor of a building that was under construction. The accident specifics are under investigation by the Salt Lake City police and OSHA.
May 4, 2016- Two Dead In An Idaho Trench Accident
In Boise, Idaho, two people died while working in a trench as they were installing a utility line. A trench collapsed on them which buried and killed them both. The Boise Fire Department had to stabilize the trench in order to recover the bodies of the people who were buried in the accident. OSHA representatives were on the accident scene after it took place and are inspecting the construction site.
April 19, 2016- Construction Worker Falls Through Brooklyn Building And Dies
A 21-year-old construction worker fell to his death when debris hit him in the head and caused him to fall two floors through a Brooklyn building. At the time of the roof collapse, the young man was working on the second floor of an under-construction, two family townhouse in Borough Park. He was taken to Maimonides Hospital where he later passed away. An inspector from the Department of Buildings placed copies of a stop-work order on the site.
March 4, 2016- Nonunion Groups Offering Training In The Wake Of Increased Construction Accidents
BuildingNYC, which is an alliance of developers and contractors, has joined forces with Associated Builders and Contractors, a national federation of nonunion companies. The organizations have come together to launch a training and apprenticeship program to combat the increased construction accidents and deaths in New York City. This program is set to provide standard Occupational Safety and Health Administration coursework and training for different trades, which will be followed by an apprenticeship.
February 18, 2016- Crane Collapse Leads To NYC Quadruple Fines For Construction Violations
A recent New York City crane collapse has led to Mayor de Blasio and the city Department of Buildings Commissioner Rick Chandler, to announce much stricter rules for construction sites. Additionally, they are quadrupling fines for serious safety violations. Penalty changes for serious violations will change from $2,400 to $10,000. Fines for certain properties failing to have a construction superintendent will change from $5,000 to $25,000.
January 26, 2016- Families Of Crane Accident Victims Awarded $48 Million In Punitive Damages
The families of two men who died in a 2008 crane collapse on the Upper East Side, were awarded an additional $48 million in punitive damages on top of their already awarded compensatory damages. The total for this trial was $96 million which was a punishment for construction tycoon, James Lomma’s recklessness.
However, on Wednesday January 20th, a day after the families of the victims wanted to collect their $96 million, Lomma declared bankruptcy.
December 30, 2015- Man Seeks $50,000 In Compensatory Damages For Construction Accident
Timothy Dooley who was injured on a job site on the Garden State Parkway in Galloway Township, New Jersey, is seeking $50,000 in compensatory damages as well as delay damages and interest and allowable costs. Dooley states that a 50 foot-long steel pipe weighing roughly 4,000 pounds, rolled off a tractor-trailer and crushed him. He alleges that negligence caused this accident because there was a lack of proper inspection of the equipment used at the site. He filed a lawsuit for negligence and for strict product liability.
December 23, 2015- Three Construction Workers Injured On South Williamsburg Site In Brooklyn
Three construction workers suffered injuries when illegal excavation led to a South Williamsburg, Brooklyn basement to collapse and trapped the workers in the soil below. The site never received permits for work to be done at 146 Wilson Street according to the Department of Buildings. Two other workers were buried under the soil for almost 30 minutes before firefighters rescued them. The construction workers were taken to hospital with minor injuries.