Construction Accidents - Best Personal Injury Attorney, NY & NJ

Working conditions on construction sites are continually changing, and workers must be ready for anything. While safety laws and codes heavily regulate the construction industry, worksite accidents can still occur. In fact, one in every ten construction workers is injured on the job every year.

 

For those who doubt the importance of maintaining safe work conditions at all times, we guarantee this article will reshape your perspective. And, by the end, we hope it solidifies a firm understanding of why personal protective equipment (PPE) is to be worn 100% of the time on a construction site.

 

There are a number of complex liability issues that pertain to construction accident lawsuits, so it’s important to contact an attorney who has experience handling third-party injury claims. Our lawyers have handled workplace accidents and personal injury lawsuits for more than two decades and have the resources needed to go up against any insurance company that tries to deny the compensation you are rightfully owed.

 

If you have been injured in a construction accident, our construction accident attorneys at Shakhnevich Law Group may be able to help. Our attorneys are experienced in a variety of practice areas.

 

Here are a few examples of frequently asked questions we encounter in our day-to-day practice:

 

What OSHA Rights Can an Attorney Help Me Protect?

In an attempt to promote and maintain safe working environments, OSHA provides workers throughout the country with the right to:

 

• → Ask OSHA to inspect their workplace;

• → Use their rights under the law without retaliation or discrimination;

• → Receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace;

• → Receive copies of test results done to find hazards in the workplace;

• → Review records of work-related injuries and illnesses; and

• → Receive copies of their medical records.

   

An attorney can help workers who have been injured (or who believe they work in a dangerous environment that does not follow administration guidelines) file a complaint with OSHA.

 

Employers are not allowed to fire, demote, or otherwise retaliate against an employee who files a complaint. If a worker who has filed a complaint with OSHA has been retaliated against by their employer, an attorney can help in filing a claim against the employer for their retaliation.

 

Who Can be Held Liable for Construction Accident Injuries?

If an employer carries workers’ compensation insurance, they are typically provided immunity from personal injury lawsuits. Workers’ compensation does not bar lawsuits against employers if the injury was intentional or egregious; however, it is more common to file claims against a third party.

 

Construction Site Owner(s): In these cases, liability typically hinges on the degree of control the owner has over the premises, compared to the degree of control over the work being conducted itself.

 

General and Sub-Contractors: Under OSHA, both general contractors and sub-contractors have the duty to provide workers with a reasonably safe construction site, warn of any hazards at the site or inherent in the job itself, and ensure the work is being performed according to safety regulations. When an injury occurs, the failure of a contractor or subcontractor to perform these duties may allow an injured worker the opportunity to seek compensation for their losses.

 

Prime Contractors: Prime contractors are responsible only for work that is identified in their contract, or for any work they delegate to subcontractors so long as they have exclusive responsibility for such subcontractors.

 

Architects and Engineers: In some cases, architects and engineers have a duty to observe progress and ensure compliance with plans and relevant code regulations. To determine whether an architect or engineer may be liable for an injury, it is necessary to establish which duties were outlined by their contract with the construction company.

 

Manufacturers: Any party in the chain of distribution of a defective product, including manufacturers, retailers, and wholesalers, may be held liable if a defect in their product causes an injury.

 

What Should I Do If I’ve Been in a Construction Accident?

If a worker is injured in a construction accident they should:

 

• → Get prompt medical attention for the injury;

• → Report the injury to the employer or manager and note who they told;

• → Get accounts and information from any witnesses;

• → Take photographs of the injury, scene of the injury, and any equipment involved; and

• → Contact an attorney to learn more about their legal options.

   

  What Damages Can an Attorney Help Me Recover From a Construction Accident Injury?

  Construction accidents can cause severe physical, financial, and psychological pain for victims and their families. Extensive medical bills, dealing with the trauma of a serious injury, and permanent injuries can have a significant impact on a person’s life. By filing a lawsuit against a negligent party, an attorney may be able to help an injured employee recover:

   

  • → Loss of wages;

  • → Medical expenses;

  • → Counseling costs;

  • → Physical therapy;

  • → Property damage;

  • → Ongoing living expenses;

  • → Mortgage and rent;

  • → Pain and suffering;

  • → Loss of consortium for widows or widowers.

     

  If you have been injured in a construction accident and believe you have a claim for your injuries, the attorneys at Shakhnevich Law Group may be able to help you with your personal injury lawsuit. We're here to help with a variety of cases, including car accidents, workers' compensation, medical malpractice, and more.