Construction Accident Attorneys

Construction Accident Attorneys

We at Rozhik Law Firm PLLC assist workers who sustained worksite injuries. Our attorneys in New York have significant experience in such cases.

New York City and various states across New York boast of our clients. We pursue claims related to accidents in construction sites. Also, there may be a falling off roof or a ladder. There may also be exposure to toxic substances. Other claims include objects that fall off heights. There could be worksite defects or accidents because of cranes. There may be issues with forklifts or other machinery. Finally, electrocution or injuries because of inadequate PPE are examples.

New York Construction Injury

Rozhik Law Firm PLLC is here to assist you and your family. If you sustained an injury at a construction site in New York, we could help. We aim to support our clients right from the beginning till the last step. We make the entire process is seamless and straightforward for those involved. Furthermore, with our support, you can optimize injury compensation. To seek a free case evaluation, get in touch with us today.

We are a firm in New York City offering holistic services concerning personal injury. Our team specializes in construction accident injuries and wrongful deaths.

• For years, we worked to represent construction workers who sustained injuries. We have developed a holistic understanding of such individuals and their work.
• Our firm has served clients hailing from Long Island, New York City. We have worked in various other regions such as Manhattan and Brooklyn.
• We do not charge any fees out of your pockets. Instead, any charges you incur will be contingency fee-based. We only get paid after you get compensated.
• We dedicate money and resources to investigate cases and equip our clients for trial.
• Every attorney on our team is familiar with New York law. Moreover, they understand how to handle construction and personal injury cases.

Construction Sites and their Dangers

Construction is one of the most dangerous industries. Likewise, there is a significant potential for accidents. This is true across several stages of construction. There is danger from when demolition begins till the phase of painting. The building is innately unsafe as it can come with:

• Unfinished structures. Demolition and building novel systems are involved in the process of construction. Unfinished and incomplete structures can pose several safety hazards.
• Heavy equipment. Often, construction work involves heavy machinery and complicated equipment. Workers may have to drive specialized vehicles, which can lead to severe injuries.
• Exposure to toxic materials. In construction, a few chemicals might be hazardous for workers’ health. For example, lead from building demolition.
• Risks of falls. The majority of incomplete buildings do not have safety provisions. Exposed ledges and shafts can lead to severe injuries or death.
• Construction Zones. Construction along the roadside can be quite dangerous. Motorists are not always cautious enough to drive on roads that are unfinished. Motorists may also have to deal with altered traffic patterns. When delivering goods to worksites, construction workers might sustain injuries because of negligent drivers.
• Consistent injuries and stress. Construction work often comes with heavy lifting and repetitive motion. This can lead to chronic conditions such as arthritis.

These are only a few examples related to the dangers of the construction industry. There are other minor dangers such as trip or slip hazards.

Fatal Four

The Occupational Safety and Health Administration (OSHA) has revealed four primary fatal construction injury causes. These injuries fall into the category of “Fatal Four,” which includes:

• Falls. This parameter has led to over 37% of all fatal construction-based accidents in 2019.
• In 2019, about 8% of injuries were from being “struck by” objects. Object-related injuries include a resource falling from a height on top of an employee.
• About 7% of construction-related deaths were from electrocutions in 2019.
• “Caught in/between” injuries include either accidents that crush people or those that trap a worker. Such injuries led to 6.5% of deaths in the construction industry in 2019.

Although the reasons mentioned above are the primary causes, a wider array of construction accidents in worksites include:

Ladder accidents

Unsecure ladders at construction sites can pose several dangers.

Typically, painting, masonry, carpentry, or any other construction-related endeavor requires a ladder. If not secured safely, there could be an injury or even death.

Contractors do not always have the proper equipment for a specific job. Different types of ladders are apt for other tasks. Whenever a ladder is not appropriate, it can be unsafe. Using a ladder instead of scaffolding can pose several dangers.

There are several laws determining whether a ladder or scaffold is appropriate. The objective is to protect workers in height-related tasks. The New York Scaffold Law offers benefits to injured workers in most cases.

Common Causes of Ladder Accidents

The Occupational Health and Safety Administration (OSHA) has several regulations to ensure ladder safety at worksites. For example, suppose an employer such as a general contractor does not comply with these regulations. In that case, workers may have to deal with danger. OSHA has stated that in construction sites, falls are the primary cause of deaths. A ladder accident caused one-third of such deaths. However, it is easy to prevent such injuries and fatalities:

Some of the crucial rules for ladder safety are:

• It is vital to place rungs, cleats, and steps in a parallel manner evenly spaced
• One must never tie ladders together to create a makeshift extension ladder
• Ensure that ladder surfaces do not puncture skin or snag clothing
• It is also vital for ladders to come locked into position with a secure footing.
• Regular inspection and maintenance of ladders is a must
• Never place ladders in proximity to electrical wires or equipment
• It is vital to include adequate landings or platforms to connect consecutive ladders
• Clear the areas near a ladder’s top and bottom
• No oil, grease, and other slippery elements must be present on the ladders
• One must not load ladders over the rated weight or capacity

When it comes to ladder safety, there are many more rules. First of all, the rules are different for fixed ladders and those that are permanent. Knowing such rules is essential in case of a ladder accident to ensure a successful legal claim.

Crane accidents

In injuries caused due to cranes, negligence is the primary reason. Untrained crane operators or can be dangerous.

What can cause Crane Accidents?

We at Rozhik Law Firm PLLC will identify if the accident’s cause was preventable. We will follow which parties are responsible. Moreover, we can identify negligence through a thorough investigation of the incident.

• Improper training might also include insufficient evaluation of the vehicle’s functional aspects—couple this with the innate dangers of its functioning.
• The supervision of crane operators might be inadequate.
• An innate error in the unit’s design or manufacturing procedures.
• Failure to engage in frequent inspections and handle the issues.
• Lack of inspection or fixing of any potential defects.
• Failure to coordinate the examination of the cables, booms, pulleys, or sheaves by the site owner.

What causes a Crane Accident?

Various factors may lead to a crane accident. However, a few are much more common in comparison to the others. Also, several technical errors might cause accidents; a few less complex issues lead to most accidents.

Common Causes

• Often, excessive loads cause crane accidents. Either unsuitable training or inadequate management of operators leads to an improper load.
• Sometimes, miscommunication can also lead to accidents at a site of construction. If a communication breakdown occurs, it can cause a disaster. A best practice is implementing a standard operating signal by all the parties. This ensures that workers communicate and avoid any form of injury.
• Improperly installed equipment can cause disaster. For instance, a few cranes need reinforcement on the ground. Wet or soft ground can be a problem. On top of a crane, the sling must be of the proper size in terms of the load. Furthermore, one master rigger must work on the positioning of the guiding rope. They must transport the cargo through constricted spaces.
• Another work hazard can be inappropriate workers’ training. This can also cause harm to pedestrians walking past the construction site. A load can either be unstable or extremely heavy. Untrained workers cause malfunctioning of the crane.
• Finally, a common hazard in the case of operating a crane is contact with power lines. In this industry, electrocution is extremely common. This led the Occupational Health and Safety Administration (OSHA) to label it as one among the “Fatal Four.” For this reason, placing booms at least six feet away from where the power line is located is required. During construction, it is best for utility companies to reposition interfacing lines or cut off their power.

Liability in Crane Accidents

After a crane accident, a primary aspect of gaining compensation involves identifying the liable entity for injuries. The type of work that occurs at the construction site creates unique circumstances. Different parties may have to share liabilities for injuries and other damages resulting from an accident by a crane.

At Rozhik Law Firm PLLC, we thoroughly scrutinize accidents to identify responsible parties. We hold them responsible for the losses suffered by clients. We do this for financial and non-economic losses.

Responsible Parties

• The property owner. New York premises liability law states the property owners are responsible for worksite safety. If they fail to adhere to this, they may have to bear the liability for consequential injuries.
• Equipment Manufacturers. If a defect in a crane causes an injury, the manufacturer can be held liable according to product liability theory.
• Architects’ negligence or engineers’ negligence. Either the engineer or the architect might be the reason for an injury. The crane may be in the incorrect position, or the workers partake in a dangerous activity with instruction.
• Negligence of general or sub-contractor. General contractors choose the crane and are therefore responsible for training the crane operators. A contractor is always responsible for regular maintenance. For this reason, they may bear the liability.
• Other supervisors. At the construction site, people in charge, including supervisors of the crane, are in charge of training the operators. To prevent accidents, one must comply with the standards of caring about maneuvering and maintenance. If they fail to follow this, it could be considered negligence.
• Owners of the crane. The crane owner or whoever rents the crane can be held responsible for any injuries. Owners must take care of maintenance and make sure cranes are safe to use.

Unsafe work equipment

Unsafe Work Equipment Lawyers In NYC

Workers in construction sites make use of myriad tools and equipment. Power tools are capable of causing several injuries. These types of tools include hand saws and heavy machinery such as cranes.

Defective or unsafe work equipment or unmaintained equipment can lead to accidents. Many other situations can make construction sites dangerous for workers. An example scenario would be where the job equipment is inadequate or improper. Our lawyers working on New York unsafe construction site cases deal with accident claims regarding unsafe work equipment. This includes cases wherein scaffolding, cranes, power tools, ladders, heavy machinery, and more are in play.

We proactively represent our clients and identify relevant accountable parties. We know the construction industry, and hence, we know how to represent injured workers. Our objective is to optimize the benefits and compensation that you receive so they match the level of your injuries. Read our case results with construction site accidents.

Taking Legal Action for Construction Work Equipment

There is a legal obligation for product manufacturers to make sure that there are no undue risks associated with their products. Products must be used in a normal and intended manner. Manufacturers need to make sure that there are thorough instructions included with the products and required safety warnings.

They must adhere to government regulations and compliance standards for many products. These standards are concerning the construction, assembly, labeling, and sale. If a construction injury comes from a defective product, the liability for the consequential damages may be imposed upon any party in the distribution chain.

To win a product liability lawsuit, there may not be a need for the plaintiff to prove the defendant’s negligence. They won’t necessarily have to prove the defective product’s production. They must merely prove that the product is defective and the defect caused the damages of the plaintiff. The product can be defective in three main ways, including:

• Defective by design. In this case, the product’s design has a flaw. This means every unit produced is defective. If a manufacturer used a defective design, they would most likely issue a recall for every unit produced based on such a design.
• Production defect. Such a defect occurs when there are issues with the manufacturing or assembly processes. Therefore, this defect may only affect a few units or production lots.
• Defective marketing. In this case, the product’s representation was faulty. The fault may be in advertising materials or did not include proper safety markings or other manuals.

Building collapse

BUILDING COLLAPSE INJURY LAWYER NYC

Examples of Building Collapse

Different types of building collapses can occur. Collapse can come from issues during construction and repair to problems because of unexpected natural disasters. Building collapses may put people at risk, including workers inside the building. In addition, workers on scaffolding, passersby, and individuals residing in neighboring buildings could be at risk.

Accidents occur because of three main types of structure collapses:

• During construction or reconstruction of a building, certain structure collapses may occur;
• Failures of buildings that already exist or their secondary structures might lead to structure collapses; and
• If a connected building is compromised, it can lead to some structure collapses.

Reasons Building Collapses Occur

The reasons for each building collapse scenario may be different. However, there are some common reasons:

• Errors with design and architecture can lead to the collapse;
• The failure of a contracting company to undertake adequate safety measures. This may lead to collapse during construction, remodeling, or demolition;
• Excessive weight within a building (people or equipment) can cause structures to collapse;
• A foundation that is weak or damaged. Foundations must be strong enough to hold a weight that is greater than the maximum capacity of the building. It must also be devoid of damage, cracking, and moisture; and
• Inadequate materials can lead to collapse.

Who Is Liable for Injuries in Structure Collapses?

Different parties may cause structural collapse. Property owners, contracting companies, private contractors, construction companies, manufacturers of equipment, or safety training and equipment companies may be liable.

There may be a possibility for victims to pursue different responsible parties to seek compensatory settlements. This could be apart from seeking workers’ compensation benefits. In some cases, only one person pursues damages. In other cases, a group of workers tends to file one lawsuit, referred to as a class-action lawsuit. Our attorneys can help with these complex cases.

Trench collapse

In the case of Tunnel Collapse, who is responsible?

First of all, an investigation will determine who is responsible for a collapsed tunnel in most cases. Usually, the accountable party is an architect or city engineer. Contractors and these job roles require individuals to adhere to several safety standards.

There are specific standards by the Occupational Safety and Health Administration (OSHA). Structures can be affected if they don’t meet standards. If a violation of OSHA standards occurs, the victim can seek compensation.

Sometimes, a bridge, or a subway tunnel, or other structures may adhere to the OSHA standards initially. Corrosion and other factors could change things. Moreover, it is the city’s responsibility and government inspectors to inspect and maintain such buildings and other public infrastructure. In some cases, inspectors either do not extensively inspect such entities or overlook some issues. Therefore, if a possible collapse of a tunnel goes unnoticed and leads to an injury, inspectors might be held liable.

Kinds of Injury

The injuries sustained by an individual may be minor or debilitating. This could be based on the type of collapse. This particular kind of catastrophe is unpredictable and can be very difficult to come out of. This experience can also be very traumatizing for victims.

• Paralysis because of injuries caused due to the debris’ weight may be experienced;
• After being trapped, a few victims might develop claustrophobia;
• For a few victims, cuts, as well as the breaking of limbs.
• Because of the consequence of the debris, a few victims may also sustain brain damage; and
• Sometimes, a collapse can lead to death.

Toxic materials

Why You Need a Lawyer

If your employer did not prevent your injury or illness, you might pursue a personal injury claim. In New York, an injury claim typically leads to better financial recovery when compared to other insurance claims. In addition, in the case the damage was caused by a third party, there may be a possibility to seek compensation from various parties. Third parties might include product manufacturers, coworkers, or property owners. Overall, a lawyer’s job is to identify the liable entity and obtain adequate proof of negligence.

However, it is the insurance companies’ objective to make sure that claimants do not obtain maximum compensation. They try to mitigate damages and might also attempt to deny valid worker injury claims. For example, if you hire a lawyer, you can optimize results. You can make sure that the settlement offer that you accept is of the same value as your claim. By hiring a lawyer, you can negotiate a fair settlement and simultaneously work on healing. In the end, if the settlement offer is not adequate, the case can be taken to court by your attorney for optimal compensation.

Common Exposure-Related Injuries and Illnesses

In building materials, chemical spills, toxic vapors, and hazardous substances might compromise the health of workers. Also, construction workers may be exposed to hazardous occupational substances. Workers may experience different symptoms and other long-term health effects. Some of the health risks include:

• Chemical burns;
• Eye injuries;
• Skin irritation or rashes;
• Respiratory problems;
• Asbestos-related illnesses (including mesothelioma);
• Birth defects;
• Organ disorders or failure; and
• Nervous system disorders.

A few workplace injuries are immediate, such as chemical burns. On the other hand, others take months or years to develop. They can develop after the date of exposure. For instance, mesothelioma takes about 10 to 20 years to develop following initial asbestos exposure. Often, New York courts apply exceptions to the statute of limitations wherein injuries or illnesses take a long time to develop.

Who Is Liable?

One cannot eliminate toxic elements from construction sites. Those involved, however, can protect workers from harm. It is the construction companies’ responsibility to offer adequate personal safety equipment. The company also must ensure that appropriate exposure prevention techniques are employed. This helps keep workers from being injured. Construction companies, product manufacturers, and property owners can be held liable for exposure-related injuries.

Falling debris

The Danger of Falling Objects

Another common construction site liability is falling bricks. Falling debris and rubble can also be a liability issue. Often, it implies some fault as the workers need adequate tools to prevent falling of objects. For instance, ensuring that building materials are properly fastened to scaffolds. Adhering to strict protocols when demolishing can prevent falling objects. However, problems occur only in cases wherein coworkers and site managers become lax.

The most problematic issue associated with falling objects is a traumatic brain injury. Even when a worker wears a helmet, falling debris or bricks can sometimes lead to death. In case the worker survives, sometimes they may deal with long-lasting effects. These effects often include cognitive effects and disabilities. Skull fractures, broken bones, lacerations, and crush-related injuries may also be the result.

Determining Liability

Every individual on a worksite must work to prevent falling objects. Construction companies must train the employees to adhere to federal safety standards, especially when working from heights, roofs, or scaffolds. Securing building materials is considered a safe practice. It is also the workers’ responsibility to secure materials and operate their equipment properly to prevent falling objects. The product manufacturers are responsible for ensuring that the safety of the construction industry’s equipment design.

The individual or the company responsible for leading to the injuries of the victim will be held liable. Employers, site managers, property owners, product manufacturers, or third-parties fall into this category. Several parties may be held liable. In case an injury claim is filed, it is the job of your attorney to prove that it was the defendant’s duty to protect you, which they breached, and caused the struck-by accident. Your lawyer must identify the source of injury, obtain evidence, and present your case to a judge or jury.

Scaffold collapse

What is New York’s Scaffold Law?

The “Scaffold Law” is a legal statute, Section 240 of the New York Labor Law. According to this law, owners, contractors, or their agents must be held strictly responsible by the court for injuries sustained by workers who fall or are struck by falling objects. The only requirement of the law is that there must be a difference in elevation in the accident. We work to expose various areas of liability in these complex cases.

It is important to look at the history of this law to understand its modern-day implications.

The History of Scaffold Law

In the late 19th century, several skyscrapers were coming up across New York City. To meet this increasing demand, companies introduced new technologies. As the era of skyscrapers entered, there was a need to introduce a law that protects workers. They were facing significant dangers from this sudden change, as their work then involved working at higher and higher elevations. Scaffold law originated for this reason.

The Scaffold Law requires employers on each building site to ensure adequate safety measures to protect workers at a height off the ground. Since its inception, some form of this law was in place in New York law. There were several attempts to repeal the law. Since its introduction, the workers were safer, and hence, some form of this same law was active at every point.

Lobbyists Against the Scaffold Law Claim

There were several attempts by lobbyists to eliminate the Scaffold Law. The lobbyists included contractors, owners of Manhattan property, and experts in workplace insurance and lawsuits. According to them, the law is outdated and was prejudiced against modern-day contractors. The contractors argue that today, more safety measures are in place, and hence, the law eliminates the individual’s responsibility to ensure workplace safety.

According to construction companies, since this law is applicable for any individual working at any elevation on a building, it can cause costly workplace injury and wrongful death charges. They also state that the injured or bereaved enjoy the law’s favor, even in cases wherein the companies undertook proper measures. Both these parties argue that the Scaffold Law will cause companies’ bankruptcy in the skyscraper industry, as the insurance premiums are increasing along with multi-million dollar lawsuits.

Why Workers Deserve the Law

With the Scaffold Law, contractors and property owners are accountable for providing adequate safety equipment that is updated, fully functional, and well-maintained. As the employers fear expensive lawsuits, they are more prone to execute proper safety measures and training. Eliminating accountability may resort to cost-cutting and thereby compromising safety. A dangerous precedent would be set for other industries while also harming workers.

The Scaffold Law and Working Minorities

According to The New York Times, a study conducted by the federal safety regulators reported 136 deaths reported in New York alone because of falls on construction sites between 2003 and 2011. The majority of these incidents occurred in New York City, and among such fatal falls, 88% of the victims were minorities. Moreover, many of them were not fluent English speakers.

According to the Scaffold Law advocates, that is because such individuals face problems communicating with employers, and thus, may not report any dangerous working conditions. Furthermore, according to statistics, they are more likely to be employed in non-union companies, offering fewer safety incentives. With the Scaffold Law, vulnerable individuals are protected and can enjoy just results.

The Scaffold Law imposes liability on employers for safety failures.

Employers fail in protecting their workers and violate the Scaffold Law in several ways. In some cases, the violations are glaring. In other cases, they may either be subtle or properly hidden. But, if the employer fails in providing adequate safety measures, the worker can recover. Based on the kind of work, a few devices must be employed, such as:

• Scaffolding
• stays
• hoists
• slings
• ladders
• blocks
• hangers
• pulleys
• ropes
• braces
• irons

Even after sustaining injuries, the workers may not possess knowledge regarding these failures. However, the mere fact that a particular safety device or measure was not employed does not mean that it was not mandatory. Moreover, even if a device is in place, it does not mean fully functional.

The Scaffold Law covers various types of jobs.

You can pursue compensation, even in cases wherein you did not sustain an injury from a construction accident. The Scaffold Law covers work beyond buildings. The law covers work that involves “structures” as well. In case you sustained injuries after falling or debris falling while engaged in roadwork, landscaping, plumbing, delivery work, inspection work, or any other type of job, you may still have a claim. When the work is related to a building or a structure, the Scaffold Law covers the following types of jobs.

• demolition
• construction
• repair work
• painting
• changing
• cleaning
• pointing

Common Causes of Scaffolding Accidents

A common construction accident involves falling from scaffolding. The New York City Department of Health (DOH) reported that the fatality rates are about five times more than any other field in the construction industry. Although the total number of workplace deaths is lower in New York City when compared to the rest of the country, the number of deaths in New York construction outnumber the national average.

Employing proper safety precautions can prevent the majority of scaffolding accidents. A few common causes of preventable scaffolding accidents are:

Scaffolding Accidents

• Loose footing
• Absence of guardrails or toe boards
• Absence of plumb uprights
• Insecure lifelines, anchorages, fastenings, tie-ins, or tie-backs
• Improper structural materials or dimensions
• Excess weight that is beyond the capacity
• Lack of adequate support devices
• Slip, trip, or fall from scaffolding
• Collapse of scaffolding
• Falling objects

Exceptions to the Law

There are certain restrictions associated with the law. Section 240 of the New York Labor Law states that the law does not apply to:

• Those who own one family or two families and while the contract for the work are not directed or controlled by them.
• Injuries that are not a result of gravity or an object or the worker falling.
• Accidents occurring beyond the construction’s scope. In cases wherein the accident was gravity-related, it must still occur during one of the scenarios above.
• Worker resorts to willful injury, such as purposely jumping from a ladder.
• When only the worker is responsible for the accident.
• When particular safety protocols would have prevented the accident but were not adhered to by the worker. This example is known as the “recalcitrant worker” defense.

DEMOLITION ACCIDENT LAWYER

Common Types Of Demolition Accidents

In case you or a loved one is involved in an accident in a construction or demolition site, the experience can be very emotional. You must, however, look into your options and quickly act on them by recruiting the right law firm if you want a successful legal outcome against the liable parties.

The most common types of demolition accidents and their causes include:

• Blasting accidents
• Explosions
• Falls from ladders and scaffolding
• Jackhammer accidents
• Defective or poorly maintained equipment
• Insufficient overhead protection
• Failure to properly brace
• Lack of supervision
• Poor communication
• Inadequate training
• Use of alcohol or drugs

We strive to ensure that the Union Workers’ Rights are not compromised or exploited.

Union Representation

Union workers built new York City. At the Law Offices of Rozhik Law Firm PLLC, our attorneys specializing in construction accidents have garnered significant experience as they have represented several union members, especially in construction accidents. Some examples include:

• Carpenters Local 157
• Timbermen & Dockbuilders Local 1556
• Construction and General Building Laborers Local 79
• Bricklayers & Allied Craftworkers Local 1
• Pavers & Roadbuilders Local 1010
• Laborers Local 78
• Elevator Constructors Local 1
• Concrete Carpenters Local 212
• Laborers Local 66
• Tile Marble & Terrazzo B.A.C. Local 7
• Iron Workers Local 580
• Cement & Concrete Workers Local 6A
• Sheet Metal Workers Local 28
• Electrical Workers Local 3
• Metallic Lathers Local 46
• Plumbers Local 1
• Steamfitters Local 638
• Carpenters Local 45
• Building Concrete, Excavation & Common Laborers Local 731
• Heat & Frost Insulators Local 12
• Asbestos Workers Local 12A
• Concrete Workers Local 20
• Carpenters Local 926
• Sheet Metal Workers Local 137

The highly skilled trial attorneys at Rozhik Law Firm PLLC have experience and a track record helping New Yorkers get the maximum compensation they deserve.