Construction Accident
Workers injured on construction sites may be able to sue
the owner, its agents and contractors, for all damages
sustained by virtue of any physical harm which has occurred to
them. Such suits are permitted on behalf of injured workers in
addition to workers’ compensation benefits they may have
received. Unlike workers’ compensation however, where an
owner, agent or contractor is negligent or liable by statute,
recovery can also be made for past and future lost earnings,
pain and suffering, past and future medical expenses, loss of
benefits, and many other types of damages.
In the United States, the construction industry is
considered a high-risk industry with thousands of workers
being killed or injured each year. In fact, according to the
Bureau of Labor Statistics, in 2003, the largest number of
fatal work injuries was in the construction sector with a
total of 1,126 deaths. Likewise, the Bureau of Labor
Statistics has also reported that the highest level of
nonfatal worker injuries, as measured on a lost-workday basis,
is again in the construction industry with a rate of 5.7 days
per 100 workers. This is in spite of the fact that the
Occupational Health and Safety Administration (OSHA) has
budgeted a significant portion of its resources into the
publication and enforcement of safety standards on
construction sites.
This should not be thought of as an isolated trend.
According to the National Institute for Occupational Safety
and Health (NIOSH), 17,000 construction workers died from
injuries suffered on the job between 1980 and 1995. NIOSH
added that construction lost more workers to traumatic injury
death than any other major industrial sector during that time
period.
Many states, including New York, have enacted special
statutes to protect workers involved in construction related
accidents. These statutes exist because no matter how
stringent the regulations concerning job safety, workers are
at risk on a daily basis because of the inherently dangerous
nature of their jobs. This is exemplified by situations
involving:
- Scaffolding Accidents
- Roof related falls
- Falls from elevated work surfaces
- Workers hit by falling objects
- Trench collapses
- Electrocution
- Fire and explosions
- Machinery accidents
- Crane, forklift and vehicular accidents
- Equipment failure
- Failure to provide safety equipment
- Welding accidents
- Industrial gases
In many of these situations, owners, their agents and
contractors face absolute liability for failing to supply and
operate safety equipment to prevent worker injuries. For
example, workers engaged in the construction, alteration,
repair or cleaning of a building or structure -- other than
single- or two-family residences -- that are injured by
falling from a ladder or scaffold, or by being hit by objects
falling from an elevated worksite, are given special legal
rights by statute. Likewise, owners, as well as their agents
and contractors, are required to provide a reasonably safe
place to work, inspect the work site and warn of dangerous
conditions.
Failures by an owner, agent or contractor to conduct
themselves consistent with these principles can lead to legal
liability on their part for injuries to a worker or even a
passerby.
If you have suffered a serious injury at a construction
site you may be entitled to recover significant damages, in
addition to worker’s compensation benefits, for your
injuries. Please contact Oshman
& Mirisola, LLP. Even if you are already receiving
benefits, it may be to your advantage to consult an
experienced attorney to ensure that you are receiving the
maximum benefits available under the law.
For more information, please see our Construction Accident
Frequently Asked Questions.
Contact us online through our FREE
accident evaluation form if you have any questions about
your claim.
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