Written on August 27, 2010 by admin
Filed Under: Labor Law
Construction jobs are full of cutting, building, riveting, sawing, and sorts of other industrious activities. Unfortunately, as advanced as our safety measures have become, accidents still do happen.
An important thing to remember about construction site injury is the broad range of damage that can be dealt. Injury can be something as commonplace as repetitive stress to something as serious as death.
This article is here to explore the most common ways people get hurt in the construction industry, the kinds of stresses they have to deal with post-accident, and what can be done legally to get the proper compensation.
Discussing Common Workplace Accidents:
Let’s analyze some of the most common accidents that occur on the construction site.
* Falling Accidents. When it comes to construction, there are often scenarios where workers need to negotiate elevated locations. Some examples include scaffolding, girders, building structures, and building exteriors. Falling from even a modest height can result in serious injury or death.
* Falling Objects. It’s not always the person that falls – many times it’s objects. During construction lots of material is being broken, put together, and moved around. This breeds a lot of opportunity for unsuspecting workers to get an unpleasant surprise from above.
* Equipment/Vehicle Incident. Most jobs involve more than simple hand tools. Complex construction equipment and vehicles provide a constant challenge for workers to both get a job done on time, but to also do it safely. As equipment gets older, the risks tend to increase.
* Exertion Injury. Construction work is often synonymous with manual labor. Any time extreme amounts of physical exertion are in play there is a possibility for injury. Examples often include lifting strain, repetitive stress disorder, tendonitis, and general body wear-and-tear.
* Chemical Incidents. Spills, exposure, and other unpleasant interactions with chemicals are a serious concern for many construction workers. There are often harsh cleansers, lubricants, and other chemicals involved in the overall construction plan of a job, and overexposure is not terribly uncommon.
* Fire/Explosion. Sometimes related to the chemicals cited above, fire and explosion is another reality of the construction site. High pressure equipment and volatile material can cause serious burns or worse to workers how are caught in the wrong place at the wrong time.
Results of Construction Accidents:
Just as unfortunate as the accident itself is some of the results that occur afterwards. Many people either do not see some of these issues coming, or don’t know how to handle them. Let’s analyze a few examples:
* Extensive medical bills from various injuries occurred on the job.
* Missed shifts and time at work, resulting in loss of wages.
* Reduced ability to perform work at the same level as before injury.
* Usage of personal days / sick days beyond those available.
* Negative pressure from bosses, coworkers, etc to either hide injury or report it in fraudulent ways.
* Shift work from full-time to light duty or reduced responsibilities.
Problems after an injury end to pile up, and it can be extremely difficult handling them, especially from a legal perspective.
Securing Proper Legal Counsel
It is important to get legal counsel so that you aren’t susceptible to the wims of insurance companies and construction firms. Unfortunately, general practice lawyers are rarely equipped to deal with the complexities of the large construction industry. Therefore it is important to locate a skilled construction law specialist.
It’s even better if you can find one in your area to reduce the costs of long distance representation (if it is even an option).
Bill Hayes and the Hayes Firm represent the highest caliber in personal injury legal defense. The group is dedicated to finding the finest attorney specifically suited to your needs. Visit DreamLegalTeam.com for a free legal consultation regarding your case. Also visit us to learn more about construction site accidents.
Written on July 16, 2010 by admin
Filed Under: Labor Law
New York’s Workers Compensation Law generally prevents an employee hurt on the job from suing his or her employer. However, when a worker is injured in a ladder or scaffold accident, he or she may have a right to recover damages even if his employer was the only negligent party.
New York’s Workers’ Compensation Basics
If you are injured on the job in New York, you automatically qualify for Workers’ Compensation and your employer should file for you immediately. Workers’ Compensation will cover your medical expenses and reimburse you for cash losses. If you must miss more than 7 days of work due to a work-related injury or illness, Workers’ Compensation will partially reimburse your lost wages. The amount you receive will depend upon your average weekly wage for the previous year. The maximum amount paid cannot exceed $500 per week.
You can click here to go to the information on New York’s Workers’ Compensation program. You can click here to go to the New York State Workers’ Compensation Board web site.
Ladder and Scaffold Cases
New York State Labor Law (Section 240 and 241) grants special protections to workers injured while working on ladders or scaffolds. These provisions also protect construction workers hurt by objects falling from a ladder or scaffold. This section of the Labor Law aims to improve worker safety.
This exception applies as long as the incident meets four criteria:
Ladder and Scaffold Lawsuits
If a worker is hurt on the job in a ladder or scaffold accident, he or she may be entitled to seek damages from the owner of the property and/or the general contractor on the worksite. New York’s Ladder and Scaffold law establishes absolute liability against the owner and general contractor, meaning that even if the worker or the worker’s employer caused the accident, the owner and general contractor still bear full liability.
Many ladder and scaffold cases involve falls. I had a scaffold case in Brooklyn where a construction worker tripped and fell over some improperly stored materials on a scaffold that left him with two herniated discs. We settled that case for $300,000. In a case involving an accident at the Queens County Courthouse, a cable installer fell from a ladder and injured his back. After proving the defendant’s liability at trial, we settled for $225,000.
Some ladder and scaffold cases involve injuries that come from causes other than a fall. I have had cases where objects fell from above and hurt a worker. In an unusual case, an attorney used a stepladder given him by his landlord. The stepladder proved to be defective and when the attorney used it, the ladder collapsed and fractured his finger. That attorney retained me to try his case and we settled for $165,000.
Help with Ladder and Scaffold Lawsuits
If you or a loved one has suffered an injury in a ladder or scaffold accident, you should make sure that the person receives immediate medical care.
If you believe that you are entitled to compensation, you should contact an experienced New York personal injury lawyer. Trying cases involving New York’s Ladder and Scaffold Law require a familiarity with the law and the case law that has developed from the many court rulings on these cases. I have handled many ladder and scaffold cases over my twenty plus years practicing personal injury law in New York. I will be glad to answer your questions and assist you if you think you have a case arising from a ladder or scaffold accident.
Carol L. Schlitt has practiced law in New York for 23 years. She has operated her solo practice since 1997. Previously she worked as the Assistant Corporation Counsel – Senior Trial Specialist for the City of New York and as an associate for the Manhattan firm of Acito and Klein. She is a past winner of the New York City Municipal Attorney of the Year and has her case listed among the Top Ten Civil Verdicts in New York.
A testament to Carol’s legal prowess can be seen in the fact that attorneys throughout the New York metropolitan area retain Carol as their personal injury lawyer to try cases for their clients and to assist them in other legal matters. When they want the best personal injury lawyer, they turn to Carol L. Schlitt.
If you have suffered a personal injury, you may be entitled to compensation. If you think you have a case or if you have questions, please call me and I will be glad to discuss your rights, answer your questions and help you with a potential case. You can call me at 1-800-660-1466 or send me an e-mail at Carol@SchlittLaw.com or visit the website www.SchlittLaw.com. The consultation is free and I will be glad to help you.
