Construction Accidents

Construction workers face many risks on the job and are injured and killed every day in New York. Injuries may be catastrophic, permanently changing the life of a worker who has been injured. State law provides special protections for construction workers so that they can go beyond the workers’ compensation system, which offers the usual remedies with regard to employees, under specific circumstances.

At The Law Office of Mark A. Siesel, we represent construction workers and others who have been injured in accidents involving falls, scaffolding, falling objects, labor law violations, OSHA violations, dangerous chemicals, dangerous machinery, and vehicle accidents. If you were injured or made sick on the job as a construction worker, you should consult our seasoned, aggressive construction accident lawyers. It costs nothing to meet with us in a consultation, and there is no obligation. Our team has more than 39 years of experience and are proud to serve Westchester County, New York, the Upper Hudson Valley, and surrounding areas.

Common Types of Construction Accidents

According to the U.S. Bureau of Labor Statistics, 1 in 5 workplace deaths across the country happen in the construction industry. This may be because on construction sites, hazardous materials, large vehicles, and heavy machinery are all in close proximity to workers walking around and working at heights. The busy nature of work sites can further exacerbate the risk of accidents, potentially leading to:

• Falls from scaffolding, roofs, ladders, and other heights.
• Situations where workers are struck with tools, building materials, and other equipment that falls from overhead.
• Crushing injuries caused by getting trapped behind or in heavy machinery.
• Electrocutions or electric shocks caused by faulty wiring, poor maintenance, or improper use of electrical equipment.
• Machinery accidents involving cranes, bulldozers, and forklifts, and other equipment on the site.
• Collapses of trenches or caves in that can bury workers alive.
• Slip and fall incidents.
• Exposure to asbestos, lead, solvents, and other toxic substances.
• Construction vehicle accidents.
• Structural collapses, caused by incorrectly secured buildings, scaffolding, and other structures.

These situations can cause a range of serious injuries, including spinal cord injuries, internal injuries, fractures, scarring, head trauma, strains, overexertion injuries, and more. Electrocutions, for example, can lead to burns, scarring, or even heart attacks and death. Exposure to toxic substances can lead to serious illness, including cancer. In these situations, the condition may only develop years after exposure, adding complexity to the claim.

Any serious injury sustained on a construction site can be life changing. Since labor work is physically intensive, any injury can take you out of work for an extended time. Any serious injury can lead to chronic pain, significant medical costs, lost career opportunities, and other losses.

While workers’ compensation is meant to provide a quick way to secure benefits without having to go to court, it may only cover a small portion of your total costs and losses. In these situations, it is important to consult with construction accident attorneys who can explore whether you have any options in addition to workers’ compensation.

Liability for Construction Accidents

Construction companies are required to inspect every construction site with safety engineers and offer programs to improve the safety of their workers. However, accidents continue to occur. Construction accidents can have particularly severe consequences because of the dangerous equipment and hazardous materials present at numerous job sites.

Typically, when injuries suffered as the result of defective scaffolds or ladders are caused by a statutory violation, a New York law holds owners, contractors and subcontractors strictly liable. Section 240 of New York State Labor Law, also known as the “Scaffolding Law,” provides that contractors and property owners must provide workers with fall protection equipment and other scaffolding and safety measures. If you are injured in this type of accident, you could obtain damages. Section 241 provides that if you were injured by an owner or contractor’s violation of the Industrial Code in construction or demolition, you can hold the owner or general contractor liable.

Pursuing Damages for Construction Accidents

When our lawyers representing construction accidents are able to establish the liability of general contractors, owners, general contractors, subcontractors, or suppliers, we can recover damages. These damages are usually meant to compensate for your pain and suffering, loss of enjoyment, loss of enjoyment of life, medical bills, lost wages, long term treatment, and loss of consortium.

Generally, your exclusive remedy against your own employer on a construction site is workers’ compensation benefits. In New York, construction workers who are injured or suffer an occupational disease on the job may be able to obtain weekly disability payments through their employer’s workers’ compensation insurance. These amount to a percentage of your average weekly wage. Workers’ compensation insurance also covers reasonably necessary medical treatment of job-related injuries. In the event of a workplace fatality, workers’ compensation pays death benefits to the employee’s family, covering funeral and memorial expenses and a weekly death benefit or a lump cash sum, depending on the claimants’ relationship to the employee.

While you usually can’t sue your employer, you can pursue damages in a third-party lawsuit. Our knowledgeable White Plains construction accident lawyers make every effort to identify any potential third parties whose negligence or other fault led to a client’s injuries.

In addition to bringing a lawsuit brought under the Labor Laws, you may have grounds to bring a product liability lawsuit. Equipment and vehicle manufacturers may be held accountable when they make, design or market an unsafe product. Defective products may be defective in terms of their manufacturing, marketing, or design. These products may include the following: ladders, trucks, forklifts, scaffolding, cranes, pressure vessels, power tools, derricks, hoists, conveyors, bulldozers, tractors, scrapers, back hoes, woodworking tools, winches, graters, and boilers.

Third-party and product liability claims require a careful investigation of the accident or injury. When you work with The Law Office of Mark A. Siesel, we launch an in-depth investigation to find all liable parties. We work with teams of engineers, expert independent board-certified medical consultants, investigators, vocational rehabilitation professionals, and other experts who can not only establish who and what contributes to your accident but can also establish how your injury is likely to impact you. This allows us to aggressively pursue fair compensation that will cover more of your injury costs.

Should you have a third-party or product liability lawsuit, it’s important to consider filing. Even with a workers’ compensation claim, your benefits will not cover your entire paycheck, which could leave you in financial distress. In addition, your benefits will not cover pain and suffering and other losses. With a personal injury claim, you can seek compensation for pain and suffering, past and future medical expenses, past and future earnings and loss of earnings capacity, any personal property you lost in the workplace accident, and any incidental costs.

Call a Seasoned White Plains Construction Accident Lawyer

If you were injured in a construction accident, you are likely in pain and concerned about medical bills. It’s important to call a lawyer about whether you have grounds to sue for damages, and it’s important to contact a lawyer as soon as possible—before you make any statements or sign any paperwork. Even if you think you’ll be filing for workers’ compensation benefits, speak with a construction accident lawyer first to find out whether there may be any other avenues to seeking compensation. If there are, your attorney can explain any next steps and can review how a third-party claim or product liability claim could impact your workers’ compensation.

Our firm’s founder, seasoned attorney Mark A. Siesel represents construction accident victims. He has represented clients in Brooklyn, the Bronx, and Queens, along with Rockland, Westchester, Dutchess, Sullivan, Orange, Putnam, and Ulster Counties, and when you work with us, he will be personally involved in your case from beginning to end. Please contact us at (914) 428-7386 or complete our online form for dedicated legal representation.

• Construction Accidents – New York State Industrial Code
• Construction Accidents – Safe Place to Work Statute
• Crane Accidents
• Dangerous Machinery Accidents
• Demolition Accidents
• Excavation Accidents
• Falling Object Accidents
• Inadequate Safety Equipment
• Ladder and Construction Accidents
  • Ladder Accidents
  • Scaffold Accidents
• Roof and Floor Collapses
• Slip and Fall Accidents on Construction Sites