Failure to Provide Safety Equipment
Construction work in New York is dangerous even when you are protected by proper safety equipment. When you don’t have the right safety gear, a small misstep, a flying object or a dropped tool can cause a serious construction injury or even a fatal accident.
The skilled New York City construction accident attorney at David Resnick & Associates, P.C., offer a free initial evaluation of your construction accident claim and explanation of your legal rights. Call David Resnick & Associates, P.C., today at 212-279-2000 or use our online form.
Our construction accident attorneys will negotiate a prompt, fair and just settlement of your injury claim or fight aggressively to ensure that you receive full compensation in accordance with the law.
Construction Workers Face a One in 200 Chance of Fatal Injury
Each year, hundreds, if not thousands, of construction workers are injured or killed because their employers failed to provide the proper safety gear and personal protective equipment (PPE). A construction worker has a one-in-200 chance of dying from a work-related injury during a 45-year career, according to a recent study by the Center for Construction Research and Training. It’s imperative that employers provide protective gear to minimize the risk of injury.
An employer has a legal duty to maintain a safe work site free of known hazards and to provide proper construction safety equipment to employees and ensure its use. Examples of safety equipment include protective gloves, foot and eye protection, earplugs and other hearing protection, hard hats, respirators, welding masks, and fall protection.
Unfortunately, some employers cut corners and fail to provide the proper safety gear. When they do, workers may suffer serious injuries and fatal injuries in preventable accidents.
Employers Responsibility to Provide Personal Protective Equipment for Construction Workers
Generally speaking, employers are responsible for assessing a work site for hazards and determining what construction protective equipment is needed as required by law. Multiple hazards exist at every construction site: falling objects, moving vehicles, sharp edges, noises and toxic substances. Employers are responsible for identifying hazards and providing safety equipment to workers and training workers to use and care for the equipment.
- Falls are the number one cause of deaths at construction sites. Employers are required to provide guardrails, safety nets, lanyards and other fall protection when workers are working on scaffolds above certain heights off the ground or are at risk of falls from heights. Employers are required to train workers to recognize fall hazards and how to set up ladders and scaffolds properly.
- Safety nets are required when the workplaces are more than 25 feet above the ground or water and where the use of ladders, scaffolds and temporary floors is impractical.
- Ear protection is necessary to prevent hearing loss when construction workers are exposed to high levels of noise. Noise and vibration can harm workers when they occur for an extended period of time or at high levels.
- Many construction accidents and workplace injuries occur because workers are not wearing eye protection or are wearing poorly fitted safety goggles or eye protection.
- Respirators and emergency lights must be provided by employers and available to all employers working underground where they might be trapped by gas or smoke. At underground construction operations where gas may potentially be encountered, employers must provide air monitoring.
There are many types of safety equipment that may be required, depending on the conditions at the construction site. Employers are responsible for maintaining construction safety equipment in good working order and replacing worn or outdated safety equipment.
Contact an Experienced NYC Lawyer About Failure to Provide Construction Safety Equipment
If you have been injured due to your employer’s failure to provide a safe workplace, please contact David Resnick & Associates, P.C. Even if you are already receiving workers’ compensation benefits, it may be to your advantage to consult an experienced New York City construction accident attorney to ensure that you are receiving the maximum benefits available under the law.
Injured workers are permitted to file lawsuits for construction site injuries, in addition to receiving workers’ compensation benefits. You may claim compensation for past and future lost earnings, pain and suffering, past and future medical expenses, loss of benefits and other types of damages.
We have represented many victims of on-the-job accidents in Manhattan, Queens, Brooklyn, Staten Island, the Bronx and all of New York City. We understand New York’s laws regarding construction injury claims.
At David Resnick & Associates, P.C., we offer a free initial evaluation of your claim, and our attorneys will negotiate a prompt, fair and just settlement or fight aggressively to ensure that you receive full maximum compensation in accordance with the law. Call 212-279-2000 today or use our online contact form.