Seeking the support and legal guidance of a New York construction accident lawyer is essential. With professional help from The Weinstein Law Group, we are ready to advocate for all injuries for which you seek compensation. The road to recovery may look complicated and winding, but with our help and dedicated service to our clients, you can get back on your feet quickly.
When is fall protection needed in the construction industry?
According to rules and regulations established by OSHA, fall protection, including guardrails and safety nets, is always needed on job sites.
New York laws related to scaffolding, hoists, ladders, and other tools
General New York construction laws establish particular safety regulations for employees who work on construction sites. The proper safety equipment is required, and techniques and procedures are closely monitored.
When it comes to scaffolding, New York holds laws for these occurrences. New York State Labor Law § 240/241, known as the “scaffold law,” imposes strict liability for construction site owners and contractors. Any injuries caused on a given construction site will hold those responsible for unsafe working conditions.
Additionally, there are specific laws in place for PPE. Personal protection equipment is required by law to be provided for those working on sites. Section 23, or New York construction law, also requires workers to wear the proper footwear, helmets, hard hats, and sometimes safety goggles or protective eyewear.
What are some common causes of falls on construction sites?
Even though the safety requirements from OSHA are many and encompassing, accidents can still happen. On top of this, risks are more apparent if your company fails to provide a safe work environment. Falls on a construction site can be due to various factors apart from employee error.
Scaffolding violations
In a construction site, properly assembling scaffolding is one of the most important things to ensure safety. When workers are elevated on high surfaces, things must be in place. If there are loose boards, nails that can cause someone to trip, or bolts that stick up, employees can fall from high heights.
Lack of personal protective equipment (PPE)
Personal protective equipment encompasses anything an employee will need for their job and even things that can be worn during a fall. Employers must offer workers the tools and equipment to complete the job safely. This is more apparent in cases on higher heights.
For example, if you work higher up, your employer must provide safety equipment to protect you from a fall. This could be a safety net for extra harnesses. No matter what, your employer must follow these guidelines to mitigate any disasters.
Missing guardrails
For excavation sites, having guardrails can eliminate injuries. The barriers keep people away from dangerous areas, protecting them from accidents. Employees may accidentally sustain injuries from falls if there are no guardrails or barriers.
Spills and housekeeping violations
At the very least, primary hazards like spills or tools should be cleaned. The risk of a call will increase if the groups aren’t kept up. Slips, falls, or trips can result in bad injuries. They could be mitigated if the workspace was clean or all tools were removed.
This is further implemented by section 23, requiring employers to keep walkways and busy work areas free of liquid on the ground, tools out of place, or any other hazards that can result in slips and falls.
Poor workplace layout
Imagine this – you are on the job site as it starts to get dark, and there are no options for lighting. This can cause you to get hurt due to lack of visibility and leave situations for tripping and falling into a dangerous space.
Issues can occur if a workplace needs to be correctly laid out for safety. A proper layout in the workspace can mean guardrails, lighting, adequate signage, and light traffic flow.
Who can be held liable for a fall on a construction site?
In the unfortunate construction site fall, holding those responsible is important. Determining liability is truly the backbone of a personal injury lawsuit. A lawsuit should be filed when one becomes injured due to another party’s negligence or lack of care.
Generally, depending on the case-specific factors, the following parties could be held accountable.
Another employee
When someone on the work site shows gross negligence and deliberately causes an accident, they will be liable for the injuries sustained.
A subcontractor
If the person in charge failed to put up guardrails around an excavation site or didn’t clean up a messy workspace, they can be held liable.
A vendor
Those delivering materials to the site can sometimes be negligent and leave hazards on walkways or construction grounds. If you have gotten hurt, this party can be held accountable for all injuries.
How can construction companies prevent falls?
Truly, construction companies can only prevent falls or injuries by caring about safety over anything else. Following the necessary regulations put in place by state and federal governments can seriously contribute to decreasing the scary statistics of fatalities at the workplace.
By gaining more information on what are the common causes of falls and actively protecting your workers, this alarming rate of injury and death can move closer and closer to zero. Below are some initial things that all site managers or contractors can do:
- Conduct regular risk assessments by walking through your site and creating safety checklists
- Give your employees the proper equipment that meets safety standards and goes above and beyond for protection.
- Choose qualified employees who care for their safety and the safety of others on site.
- Offer regular and in-depth training for workers. This way, everyone will know safety measures and hazards on site and how to avoid them.
- Ensure a clean and well-kept job site. This means cleaning up spills or putting tools in the correct locations to protect against falls or trips.
How can our New York City construction site fall attorneys help me?
New York City construction site fall attorneys can be of excellent service in construction accident lawsuits and workers’ compensation cases. This type of professional can offer guidance and specific support to you, ensuring you are given what you deserve after falling at your place of work.
- Your lawyer can file your claim and help you file your worker’s compensation claim.
- Your lawyer will investigate your accident, and all information needed to hold someone liable will be collected.
- Your case will be built based on comprehensive evidence, New York laws, and experience.
- The other parties will present and negotiate a fair settlement.
- If a settlement isn’t agreed on, your New York City construction site lawyer will be the one to fight for you and resent you in court.
- If your worker’s compensation claim gets denied, they can also file an appeal and argue the decision on your behalf.
How many construction workers die from falling?
The actual statistics of these injuries throughout the years are alarming. Recent information and research confirm that more than a third of construction workers are killed due to falling. The construction industry alone accounts for 46.2% of all fatal falls in the last reporting year.
From the study mentioned above, the three most common causes of these injuries were falling from heights, being struck by moving objects and being struck by moving vehicles. Overall, fatal falls in construction have increased 5.9%.
How much does hiring a construction site fall attorney in NYC cost to hire?
At The Weinstein Law Group, our commitment to clients is reflected in our contingency fee pay structure, meaning you incur no fees unless and until we win your case.
We understand that cost can significantly affect whether someone seeks a professional’s help.
With our contingency basis, we let you concentrate on your recovery, knowing your claim will be handed in properly.
Did you fall on a construction site? We’re ready to help.
If you were affected by a fall on a construction site, you are likely overwhelmed with what needs to be done. In the following days and weeks, seeking support is vital. This means having skilled legal professionals on your side. At The Weinstein Law Group, we pride ourselves on acting as your advocate, always prioritizing you and your family. With open communication and assertive legal action against negligent parties, we work hard to secure your compensation.
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Steven M. Weinstein