At Construction Sites
It is, of course, common sense that construction sites are extremely dangerous. Due to the nature of the work, one slip can mean permanent injury or death. For this reason, New York State has a non-delegable duty for property owners and general contractors to provide safe work sites. This essentially means that preventable construction site injuries are always inexcusable under the law.
Construction workers are skilled tradespeople who build the infrastructure we too often take for granted and have much to be proud of for the indispensable skills that they contribute to our community. Unfortunately, when a worker is injured, even if he or she is receiving workers compensation benefits, those payments are not comparable to the pay that the injured worker is accustomed to earning. Sadly, this means that, even with workers compensation benefits, it is usually difficult for an injured worker to maintain his or her lifestyle. The loss of earnings can make it difficult to support a family, make mortgage or rent payments, continue car payments, pay utility bills and take care of other fixed expenses.
The first step in a construction site accident case is sorting through the confusion of the construction site itself. There are usually numerous parties who have a hand in a construction site: often, there are multiple contractors, sub-contractors, governmental agencies, and other entities involved in construction projects. It is essential to identify those who may be legally responsible for a construction injury and it is for this reason, that obtaining the services of an experienced construction injury lawyer is essential.
Accidents at a construction site can be caused by:
- Defective vehicles or machinery
- Exposure to dangerous chemicals
- Working on scaffolding that is not structurally sound
- Negligence of other workers
- Failure to secure the site and equipment
- Failure to post adequate warnings
- Failure to provide adequate safety for passers-by
As one might imagine, construction injuries can be devastating. According to the US Department of Labor and Bureau of Labor Statistics, there are more construction worker deaths in the construction industry than in any other industry. As a worker on a construction site, your health and safety should be protected with every possible precaution. It is the duty of the site owners, contractors, subcontractors, equipment manufacturers and material suppliers to protect you. Although you are not allowed to sue your employer because of workers compensation laws, one of these other entities may be held responsible for your injuries in what is called a third-party action.
- How many work-related accidents take place annually?
- In 2000, there were over 3.9 million disabling work injuries in cities like Buffalo and across the U.S.
- What types of injuries can be considered work-related?
- Any injury that occurs while you’re at work can be considered a work-related injury. They’re usually classified into two types:
Traumatic injuries and occupational disease. Traumatic injuries are caused by a specific event or series of events. Occupational disease is produced over a period of more than two consecutive days (e.g. exposure to toxins, continued or repeated stress and strain, a loud working environment, etc.).
- What if I work for the federal government and have been injured on the job?
- If you work for the federal government in the Buffalo, New York area, you are excluded from New York state workers’ compensation. Instead, you would receive workers’ compensation benefits under a separate federal law.
If you have been injured on the job and need an experienced lawyer to represent you in a third party claim, contact the work injury attorney of John Feroleto Attorneys at Law today. We will fight for your rights and get you the compensation you deserve. We work on a contingency basis, so don’t hesitate to schedule a free consultation with us today.
- What should I do if I’ve been injured on the job?
- You should seek emergency medical help immediately if you’ve been severely injured and then report the work injury to your employer. Don’t sign any documents from your employer or their insurance company regarding the injury without speaking to an attorney. Depending on how severe and disabling the injury is, you may be entitled to workers’ compensation benefits and may be able to sue for compensatory damages.
Generally, work related injuries are covered by Worker’s Compensation. However, there are exceptions and the interplay of laws between Worker’s Compensation and civil court cases is complex. The Worker’s Compensation carrier may seek reimbursement of all funds spent on medical bills and Worker’s Compensation payments. Worker’s Compensation’s payments may only represent a small part of actual lost wages. The work injury attorney at John Feroleto Attorneys at Law are experienced in handling these issues and have successfully represented workers in many construction site, industrial and other types of work-related injuries.
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