The construction industry is one of the most dangerous in the country. Workers regularly perform demanding physical labor, use heavy machinery, and work at heights, all of which contribute to on-the-job injuries.
If you suffered an injury on a construction site in Jamestown, NY, you need an experienced lawyer who can handle all aspects of your workers’ compensation claim or personal injury lawsuit. At Fessenden Laumer & DeAngelo, PLLC, our team has the knowledge and resources to handle these complex cases, which often involve severe injuries.
Contact our law office serving New York and Pennsylvania for a consultation to discuss your case with a construction accident attorney. We’ll review the circumstances of your injury, explain your legal options, and walk you through the process of seeking the compensation you deserve.
According to the Occupational Safety and Health Administration (OSHA), four hazards on construction sites lead to more injuries and deaths than the rest. These are falls, struck-bys, caught-in and caught-between accidents, and electrocutions.
Falls are the leading cause of injury and death on construction sites. Construction workers should wear personal fall arrest equipment and adhere to other best practices when working at heights. Some of these best practices include installing railings, covering floor openings, and properly using ladders and scaffolding. If the site manager doesn’t enforce these safety procedures, they could be liable for resulting worker injuries.
Not every fall that results in injury on a construction site is a fall from height. Tripping hazards, like wires, pipes, and uneven surfaces, contribute to a large number of injuries each year. Even these ground-level falls can result in soft tissue injuries, broken bones, spinal injuries, and traumatic brain injuries.
The second most common category of construction accidents is struck-by accidents, in which a vehicle strikes a worker. These accidents can occur when workers stand behind vehicles backing into place, especially if the worker isn’t in the driver’s line of sight. Motorists who speed or are distracted while driving through construction zones can also strike roadside construction workers.
To prevent these incidents, workers should wear high-visibility clothing and maintain an unobstructed line of sight between themselves and drivers.
Caught-in and caught-between accidents are the third most common type of accident on construction sites and occur when a worker becomes trapped. One of the most dangerous types of caught-in and caught-between accidents involves trenches that can collapse on workers inside. Trenches should always have protective systems in place to prevent them from collapsing.
Many caught-in and caught-between incidents don’t involve a worker’s entire body. Instead, workers can get their hands, arms, feet, or legs caught between pieces of machinery, leading to catastrophic injuries. When an extremity gets caught in or between objects, it can cause crushing or even amputation injuries.
The final of the top four most dangerous construction site accidents is electrocutions. Unlike the other hazards, electrocution hazards can be harder to spot. There’s no visible change in height, vehicle, or other object to harm the worker. Instead, if an electrical current is running through an object, it can pose a danger.
Workers should always identify and disable all nearby utilities before beginning any work. And if there are utilities that can’t be disabled, such as power lines, workers should stay a safe distance away from them.
One of the primary dangers of electrocution accidents is internal organ damage. Even if you feel fine after suffering an electrocution, you should seek medical attention. The current can affect your heart rhythm and cause burn injuries to other internal organs it passes through.
After suffering an injury on a construction site, you should take the following steps to protect your right to seek compensation for your injury:
Report the Accident – Always report the accident to the construction site manager and request that they file an incident report. If you’re seeking workers’ compensation benefits, you must notify your employer of your injury. Even if you’re seeking compensation through a lawsuit, this incident report can be valuable for establishing your injury.
Seek Medical Attention – It’s important to not only seek immediate medical attention after an injury but also ongoing medical attention. Make sure to follow up with all your doctor’s appointments and treatments so the insurance company can’t claim that your injuries aren’t actually severe.
Keep Medical Bills – Keep track of all medical bills you receive related to your injury. Your lawyer will use these bills when calculating your past and future medical expenses.
Write Down What You Remember – While the details of the incident are fresh in your mind, write them down so you can use your notes if you need to recall them later.
Contact a Construction Accident Lawyer – The best way to protect your rights is to consult an experienced construction accident lawyer. At Fessenden Laumer & DeAngelo, PLLC, we handle workers’ compensation cases in New York and personal injury lawsuits in both New York and Pennsylvania. Our attorneys can assist you with seeking the compensation you need and preventing the insurance companies from taking advantage of you while you recover.
Injured construction workers can seek various forms of compensation for their economic and non-economic losses. Some of the most common types of compensation include:
Medical Expenses – This compensation addresses past and future medical expenses, including surgeries, medical treatments, medical devices, prescription medications, and physical therapy.
Lost Wages – This is compensation for the income you lost while recovering from your injuries.
Loss of Future Earning Capacity – This compensation covers the income you will lose because of your injuries’ impact on your ability to work. It also extends to work benefits you will lose, such as retirement account contributions and health insurance.
Permanent Disability – This is compensation for accommodating any permanent disabilities you suffer from due to your injuries. You may need to hire in-home care or modify your home or vehicle.
Pain and Suffering – This compensation acknowledges the physical pain and emotional suffering you experience because of your injuries.
An experienced construction injury attorney can help you calculate the full extent of your losses and determine a fair compensation amount to seek through settlement negotiations or a trial. If you don’t know the value of your case, the insurance companies will attempt to take advantage of you with lowball offers.
The deadline for filing a personal injury lawsuit after a construction accident depends on the state in which your injury occurred:
Failure to file your lawsuit within these deadlines can result in the courts preventing you from seeking compensation for your injuries. An experienced construction accident lawyer can help you file your claim on time and protect your legal rights.
Were you injured on a construction site in New York or Pennsylvania? Contact Fessenden Laumer & DeAngelo, PLLC, for a consultation with a member of our experienced legal team. Our Jamestown construction accident attorneys will review your case, explain your options for seeking compensation, and answer any questions you have about the legal process. We have offices in Jamestown, Fredonia, and Olean, NY.
The deadline, or Statute of Limitations, for filing a personal injury lawsuit after a construction accident is three years in New York and two years in Pennsylvania. It is crucial to file your lawsuit within these state-specific deadlines to ensure you do not lose your right to seek compensation.
Injured construction workers may be able to recover compensation for a wide range of losses, including:
After suffering an injury on a construction site, you should:
