Archive for the ‘construction accident’ Category

If you are injured on the construction site, New York law prevents construction workers from suing their employers – even if the accident was caused by employer negligence.  When you are injured on the Construction site, your best bet is receiving workers compensation benefits.  Though this is common, there are cases in which you can sue for damages.  These include:

• Injuries caused by a defective product
• Injuries caused by a toxic substance
• Injuries caused by intentional or bad conduct of employer
• If employer does not carry workers comp insurance
• If a third party caused your injury.

In all but one of these instances, a third party caused the accidents.  Though you forfeit the right to sue your employer by accepting workers comp insurance, you can however contact a construction accident attorney new york to sue any third party involved in your accident.

Oftentimes construction workers injured on the job are only entitled to workers compensation benefits. Rarely does this compensation fully reimburse a worker for their pain, suffering and other losses. If you are injured on the job, depending on what caused your accident, you may be able to sue a third party in a personal injury lawsuit.

A third party claim can be filed against your employer if negligence or wrongful actions of a third party, such as another employee can be proved. This is especially common on construction sites where there are several subcontractors all working at the same time.

Common third party accidents include:

• Falling from scaffolding
• Falling into an unsecured elevator shaft
• Being hit by falling tools or building materials
• Falling into trench
• Being struck by a crane, fork lift or other construction vehicle

While you wait for your third party claim to go through, you can apply for and receive workers comp benefits. If your workers compensation attorney new york is able to recover damages for you, you will have to pay back your workers compensation you were paid with the money you are awarded.

If you are injured in a construction site accident it is important that you seek a lawyer before you apply for workers comp insurance. Insurance companies hire experience lawyers to investigate accidents in order to find enough evidence that will help them pay out the smallest benefit amount possible.

An experienced attorney knows what to look for in a construction site accident case. They can help develop legal argument with medical testimony from doctors to describe the extent of your injuries, which gives you the best possible chance of obtaining the maximum benefit amount possible.

By hiring a lawyer, you can also focus on getting healthy again. You will need to spend time documenting the accident, injuries sustained and the cost of your medical bills so that your workers compensation attorney new york can build your case. But besides that, you have the piece of mind in knowing that an attorney is handling your claim for you, which can lower your stress level and enhance your recovery process.

This past March a construction accident at the Freedom Towers showed the unsteady relationship between the city and the Port Authority in relationship to the site.

Construction accidents can be extremely dangerous or even fatal.

“A Bronx hardhat was seriously injured when he plunged nearly two stories inside the Freedom Tower on Monday – sparking a flareup in the ongoing feud between the city and the Port Authority over access to Ground Zero.

Jose Jerez, 28, was working on a doorway 100 feet above street level when he plummeted about 14 feet, landing on a plywood floor inside the skyscraper-to-be, Port Authority officials said.

The Port Authority, which owns and has sole jurisdiction over the former World Trade Center site, dispatched its own police and emergency responders, who reached Jerez “within a minute or two” of his fall, said spokesman Steve Coleman.

The first FDNY unit to reach Ground Zero, Engine 10, arrived at the site’s northern end, along Vesey St., but was not permitted entry by the Port Authority, FDNY sources said.

A short time later, six members of the FDNY’s Squad 18 unit arrived at the western edge of Ground Zero and were allowed to assist in removing Jerez from the site, the FDNY sources said.”

If you have been the victim of a Construction Accident contact our experienced legal team today at our Manhattan Personal Injury Attorneys office.

Source: http://www.nydailynews.com

The Occupational Safety and Health Administration reports that there are approximately 97,000 forklift related accidents per year, and 85 of those are fatal.

Out of the 85 deaths, approximately 35 were the driver attempting to jump out of a tipping forklift.

The OSHA laid down the basic requirements that all forklifts and other Powered Industrial Trucks must meet.

These requirements can be found at:
http://www.nycosh.org/workplace_hazards/Forklift%20Fact%20Sheet.html.

In addition to the safety requirements for the actual vehicles, proper training is required and additional training by the vehicle operator is highly recommended. This training can be found at http://www.free‑training.com/osha/forklift/forkmenu.htm..

If anyone was injured in a forklift accident either as a pedestrian or as an operator without adequate training, it is very important that a Personal Injury Attorney experienced with this type of matters be contacted as early as possible.

New York law mandates that employers carry workers compensation (also known as workers comp) insurance.  The purpose of workers comp insurance is to provide workers who become ill or sustain an injury on the job with the financial resources the need to pay for:

• Medical treatment
• Partial disability
• Total disability
• Permanent impairment
• Death benefits to surviving family

In exchange for receiving these benefits, you as an employee must agree not to sue.

If you are injured in a construction site accident in New York you should notify your employer immediately. They then should document the incident with their Workers’ Compensation carrier and begin your claim.

In the meantime, you should also contact a New York Worker’s Compensation lawyer to assist you in resolving your claim.  Be sure to seek medical treatment immediately and carefully document:

• All details pertaining to your accident
• Your injuries and recovery
• Bills and medical records you receive

These documents will be used to help build your claim so you can recover any lost wages and medical expenses.

AM I LIMITED TO GETTING WORKERS COMPENSATION?

During the last week of May of this year (2010) alone, there were two serious construction site accidents involving falls from significant heights. One involved a worker at a residential building falling fifty feet while he was working on the building’s steel framework. The other involved a worker at the Throgs Neck Bridge.

The first worker died after falling fifty feet. The bridge worker fell 15 to 20 feet off a ladder and was seriously injured.

With respect to the worker that died, officials indicated that it seemed as if he was not wearing a safety harness ! It is precisely this point to which we direct our attention.

There are several facts that make accidents at construction sites unique in the area of Personal Injury Law in New York:

• Construction site accidents are among the most frequent accidents that occur;
• The resulting injuries are among the most serious that occur;
• Public policy is very inclined to seek protection for injured workers and their families;
• the law, especially with respect to liability (who is responsible for the accident that occurred) is not at all necessarily what the layman might think it is–the law can be extremely complex.

The fact that the worker that fell and was not wearing a safety harness should not, and does not, eliminate the possibility that the worker or his family will have a THIRD PARTY LAWSUIT available to him. This would be in addition to any workers compensation claim the worker or his family might have.

It is truly esential when dealing with a construction site accident that a personal injury attorney, in addition to a workers compensation attorney, be consulted. As we have noted on previous blog postings, this could mean very substantial differences to the injured worker and his family. Because of the law’s complexity in this area, be very certain the Personal Injury Attorney chosen is well experienced in this important area of law.

The former chief crane inspector for New York City began serving a two to six year prison term after having pled guilty in March (2010).  His conviction was for taking bribes for approving the use of cranes he had not actually inspected, and for issuing crane operator licenses to unqualified individuals.

This investigation was prompted by the collapse of two cranes in 2008.  In the first collapse, seven individuals died; in the second collapse, two individuals died.   The defense attorney noted that the cranes involved in these accidents were not of the type for which the defendant was accused of taking bribes.

The punishment, while severe, may well have been even harsher were it not for the fact that the defendant suffers from a pulmonary disease brought on by his work supervising crane operations at Ground Zero after the 9/11 tragedy.

At a Construction Site in Queens, NY a cinder block wall collapsed killing one man and injuring three other.   Hedilberto Sanchez, age 26, went into cardiac arrest and was declared dead on the way to Elmhurst Hospital Center. He was one of eight siblings, a husband, and father of 2 children. His wife is expecting another child soon.  The other three three workers, including a brother of Hedilberto, were in serious condition but stabilized.   The accident occured while two workers were on top of 18 foot concrete wall and 2 were on the scaffolding below.  When the wall tumbled, the workers on top of the wall were able to ride the wall as it collasped; the two workers below were crushed under the scaffolding and cinder blocks, causing trauma that eventually took Hedilberto’s life.

According to the City’s Department of Buildings, the construction site has had 6 violations “…since June 2009, when its contractor, the H. Rock Corporation, received a permit for the site,” according to Tony Sclafani, the chief spokesman for the Buildings Department, but none related to the incident. Which included, failure to post proper signage and to keep the sidewalk free of equipment.

The city as issued a stop-work order while the site is under investigation.