Workplace & Construction Accident in New York City FAQs

The Occupational Safety and Health Act (OSH Act) of 1970 established the Occupational Safety and Health Administration (OSHA) with the mission to “assure safe and healthful working conditions for working men and women.”OSHA regulations are the law of the land when it comes to preventing workers from being killed or harmed at work. Construction workers in New York City have the right to a safe workplace as specified by OSHA construction site requirements and are also guaranteed general workers’ rights under the OSH Act.New York private sector construction workers are covered by federal OSHA regulations, while public sector construction workers are covered by the OSHA-approved New York State Plan.

Osha Safety And Health Regulations For Construction

OSHA construction industry standards make up one of the four groups of OSHA standards. Meant to address the leading hazards at construction sites, the standards specify worker protections for safety categories that include:

The full list of OSHA safety and health regulations for construction can be found here. Any hazard that isn’t explicitly addressed by an OSHA standard should be covered by the General Duty Clause of the OSH Act.

Workers’ Rights Under The Osh Act

The OSH Act provides workers with a framework for participating in their protection from job hazards. Among those protections provided under the act are the rights to:

A complete overview of workers’ rights under the OSH Act can be found here.

When OSHA construction industry standards are not followed, serious harm can befall workers. Approximately 20 percent of all worker fatalities occur in construction. The standards most frequently violated include those related to fall protection, scaffolding, respiratory protection, ladders and hazard communication.

While federal law ensures all workers the right to a safe workplace, some employers fail to live up to their obligations and serious accidents result.

If you were hurt at a construction site, you can discuss the accident free of charge with the construction accident attorneys at David Resnick & Associates, P.C., in New York City. Call us now or fill out our online contact form.

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You should be entitled to receive workers’ compensation benefits for virtually all on-the-job injuries in New York – regardless of whether your employer did anything wrong. Even if you were negligent, you may still be able to claim workers’ comp benefits.

Timely action on your part, however, is critical to protecting your right to workers’ compensation. Here’s what you should do if you are injured on the job at a New York City construction site, according to the New York State Workers’ Compensation Board:

Talk To A Lawyer Before Submitting Paperwork

Your health is the most important consideration, so be sure to receive all necessary medical treatment.

You do have a grace period—although a limited one—before you need to formally document your injury or illness and begin the workers’ comp claims process. It’s worth speaking with a lawyer before you submit any paperwork to make sure your interests are protected.

Third-Party Lawsuits In NYC Construction Accidents

A lawyer can also help you figure out if a third-party injury lawsuit (against a person or company other than your employer) may be filed.

New York Labor Laws offer special protections to construction workers who are injured on the job, but your own negligence—real or perceived—could offset any liability on the part of a third party. Don’t make any statements or sign any documents admitting fault, as these actions could reduce the amount of compensation you can recover through a lawsuit.

An exception to this rule is provided under New York Labor Law Section 240 (the so-called “scaffold law”). The scaffold law states that contractors and property owners bear absolute liability for gravity-related hazards (such as falling objects, falling workers and collapsing structures). This means that you may not have to prove that a contractor or property owner was negligent in order to bring a lawsuit for damages against them.

Despite the unique worker protections afforded by New York’s Labor Laws, it is in your best interest to make no statement and sign no paperwork without first speaking with an attorney.

A construction site accident lawyer at David Resnick & Associates, P.C., can advise you on your legal rights and options during a free consultation and claim review. Call us now or contact us online to get started.

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It is in your best interest to speak with an experienced injury lawyer after a construction accident in New York City.

Assuming that your injuries are minor, a workers’ compensation claim may be relatively straightforward and provide the temporary relief that you need while out of work. More serious injuries, however, can impose financial burdens on construction workers that are unmet by workers’ comp. In such cases, a lawyer can help you explore sources of compensation in addition to what may be provided by the New York State Workers’ Compensation Board.

Workers’ Compensation Covers Only Economic Losses

The idea behind workers’ compensation is simple: you give up the right to sue your employer for on-the-job injuries, and in turn you’re guaranteed certain benefits (at least, if your claim is accepted). You don’t have to show that your employer or a co-worker did anything wrong to be eligible for these benefits. That’s different from a typical personal injury lawsuit.

But workers’ compensation does have drawbacks. One of the greatest is that only economic damages such as medical bills, a portion of lost wages and rehabilitation costs are covered. Losses such as pain and suffering and emotional distress—which typically make up a large part of a personal injury award—are not paid by workers’ comp.

Also, while cash benefits are available for injured workers who cannot perform their job duties, the weekly benefit amount is less than full-time wages. If an injury keeps you out of work for an extended period, you might struggle to make ends meet with only cash benefits as income.

Third-Party Claims For Construction Accidents

Although the workers’ compensation system generallydoesn’t allow lawsuits against an employer or a co-worker, you may be able to bring lawsuits against third parties such as property owners, general contractors, subcontractors and product manufacturers.

The damages you recover in a personal injury lawsuit are completely independent of any workers’ compensation benefits you might receive. In fact, if your injuries are severe, you may very well need more than just workers’ compensation benefits.

It is important for injured construction workers to understand all their legal rights. Construction work is physically demanding. If you get hurt on the job, your career could be jeopardized and your finances destroyed if you don’t receive adequate compensation.

An experienced New York City injury lawyer at David Resnick & Associates, P.C., can assist you in exploring all your options following a construction site accident. For a no-cost initial review of your claim call or contact us online today.

According to the Bureau of Labor Statistics (BLS), approximately 2.3 million construction workers—or 65 percent of those in the construction industry—work on scaffolds. In a recent year, falls from height represented more than one-third of construction worker deaths. From 2003 to 2011, the Occupational Safety & Health Administration (OSHA) investigated 136 falls from an elevation that killed New York construction workers.

Because they represent a significant workplace hazard, scaffolds are closely regulated by OSHA. However, New York Labor Law Section 240, commonly known as the “scaffold law,” provides New York construction workers protection that far exceeds federal laws.

Liability Under The New York Scaffold Law

The scaffold law has been on the books since 1885. The spirit of the law is to protect workers from the grave hazards of working at heights. It requires all contractors and owners in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building to provide “scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices…as to give proper protection to a person so employed.”

A violation of the scaffold law imposes absolute liability on contractors and owners. In other words, the comparative fault of the injured construction worker plays no role in lawsuits filed under the scaffold law (typically, the plaintiff in a personal injury lawsuit can have an award reduced in proportion to the plaintiff’s own fault, a concept known as comparative negligence).

The courts have been very consistent in upholding the absolute liability of contractors and property owners under the scaffold law. To take one example from past court decisions, the comparative negligence of a construction worker who failed to lock the wheels of a rolling scaffold was deemed inadmissible.

How A Scaffold Law Claim Works

The scaffold law applies not only to a falling worker, but also to objects that fall due to inadequate safety devices, such as a falling platform hoist.

A successful claim under the scaffold law must show that there was a violation of the law’s standards and that the violation caused the injury in question.

If you fell from a scaffold on a construction site in New York City, you may be able to pursue compensation from an owner or contractor under the scaffold law in addition to a workers’ compensation claim through your employer.

For a no-cost review of your case and advice about your legal options, contact the New York City construction accident lawyers at David Resnick & Associates, P.C.

Sources:

• The Center for Popular Democracy – Industry Attacks on ‘Scaffold Law’ Put Construction Workers on Shaky Ground
• The New York Times – Contractors and Workers at Odds Over Scaffold Law
• Occupational Safety & Health Administration – Scaffolding

Injured workers are entitled to workers’ compensation benefits for virtually allon-the-job injuries or work-related illnesses. This includes slip-and-fall accidents at construction jobsites.

The question concerning a construction accident often isn’t a matter of “if” you are entitled to compensation, but “who” owes you compensation. Due to New York’s complex labor laws, the answer to this question isn’t always straightforward.

Workers’ Compensation From Your Employer

The company that employs you for construction work should carry workers’ compensation insurance. In the event of a work-related injury or illness, this insurance may provide you with medical care, rehabilitation and cash payments in the form of disability benefits.

As long as you were acting within your job duties when you slipped and fell over stray tools and materials, you’re probably covered by workers’ compensation. Workers’ comp is a no-fault system, which means that you do not have to prove negligence on the part of your employer or a co-worker.

However, you may find that the workers’ comp disability benefit—which typically covers two-thirds of your averagewages up to a limit —is not enough. For severe injuries, it’s in an injured worker’s best interest to explore additional sources of potential compensation.

Compensation In A Third-Party Construction Accident Lawsuit

A slip-and-fall accident at a construction site mayentitle youto bring a lawsuit against a contractor or a property owner under New York Labor Law Section 241(6). But in order for one of these parties to be liable under the Labor Law, a worker must prove that the injuries were caused by a violation of an Industrial Code provision.

Section 23-1.7(e) (1) of the Industrial Code states: “All passageways shall be kept free from accumulations of dirt and debris and from any other obstructions or conditions which could cause tripping.”

Section 23-1.7(e) (2) states: “The parts of floors, platforms and similar areas where persons work or pass shall be kept free from accumulations of dirt and debris and from scattered tools and materials and from sharp projections insofar as may be consistent with the work being performed.”

A failure to comply with these or any other provisions of the Industrial Code could impose vicarious liability on a property owner and/or contractor and give rise to a personal injury lawsuitunder New York Labor Law. However, the worker’s comparative negligence (his or her own fault in the slip-and-fall accident) could reduce the total amount of a settlement or award.

Know Your Rights. Speak With An Attorney.

The complex web of state and federal regulations that govern New York construction site accidents can make it difficult to determine liability and possible sources of compensation for injured workers.

An experienced NYC personal injury lawyer at David Resnick & Associates, P.C., can help you understand your legal rights and options and assist you in the filing of a lawsuit against a responsible third party. To learn more through a free case review, contact us now by phone or online.

Sources:

• New York State Department of Labor – Safetyand Health, Part 23
• New York State Supreme Court – Enriquez v. B&D Development, Inc.

Electrocution injuries are common among construction workers. According to Electrical Safety Foundation International (ESFI), over a recent seven-year period there were 74,950 nonfatal electrical injuries and 850 fatal electrical injuries in the construction industry.

If you were electrocuted on the jobsite in New York City, workers’ compensation should cover the costs of your medical bills and rehabilitation costs. Workers’ comp also provides cash benefits for disabled workers.

Depending on the severity of your injury, it may be in your best interest to seek out additional sources of compensation. Under New York Labor Laws, property owners and contractors may be held liable for harm that construction workers suffer. You may also have a claim against a product manufacturer if, for example, a malfunctioning electrical tool caused your injury.

Common Construction Site Electrical Injuries

The Occupational Safety & Health Administration (OSHA) reports that the most frequent causes of electrical injuries are:

• Contact with power lines.
• Lack of ground-fault protection.
• Path to ground missing or discontinuous.
• Equipment not used properly.
• Improper use of extension and flexible cords.

Electrical Injuries And N.Y. Labor Laws

New York Labor Laws offer strong protections to workers who are injured on-the-job.

You may have heard of the “scaffold law” (Labor Law Section 240), which imposes absolute liability on owners and contractors for worker injuries that result from a violation of at-height worksite safety measures. If your electrocution injury was caused by improper protection while you were working above the ground, an owner or contractor could be found liable for the harm you suffered, even if your own negligence contributed to the injury.

Sections 200 and 241(6) of the Labor Laws may also apply to electrocution injuries and allow for a lawsuit against an owner or contactor. Labor Law Section 200 offers generalized worker protection against an unsafe workplace, while a lawsuit under Section 241(6) must be supported by a violation of the Industrial Code.

Section 23-1.13 of the Industrial Code is devoted exclusively to electrical hazards. For example, Section 23-1.13(4) states that employees are to be protected against electrocution by de-energizing, grounding and insulating circuits, as well as by providing workers with protective equipment.

An experienced New York City construction accident lawyer familiar with the Labor Laws and Industrial Code can tell you which regulations may support a third-party lawsuit.

Unsafe Equipment And Electrocution

The Industrial Code listssafety measures forelectrical hand toolsthat must be followed on construction sites. Specifically, electrical tools must be equipped with a cutoff switch and be properly grounded during use.

Generally, the Industrial Code forbids an employer from permitting an employee to use machinery or equipment that is “not in good repair and in safe working condition.”

In addition to these and other violations thatmay support a lawsuit under New York’s Labor Law, the manufacturer of an unsafe tool that causes electrocution may be held responsible in a product liability lawsuit.

Protect Your Interests. Speak With An NYC Construction Accident Attorney.

Between the New York State workers’ compensation system, Labor Lawsand Industrial Code, construction workers in New York City have some of the strongest protections in the country. However, taking full advantage of them requires assistance from a lawyer.

Talk to an attorney at David Resnick & Associates, P.C., today to ensure that you understand your rights and options. Get a free claim review by calling or contacting us now.

Sources:

• New York State Department of Labor, Division of Safety and Health – Protection in Construction, Demolition and Excavation Operations
• Occupational Safety & Health Administration – Electrical Incidents
• Electrical Safety Foundation International – Workplace Electrical Injury and Fatality Statistics, 2003-2010

Working beneath cranes, scaffolds and other areas where overhead work is being performed puts workers at risk for injuries from falling tools and materials. When these objects strike a worker in the head, traumatic brain injury, fractures, other injuries and even death can result.

Approximately 10 percent of construction industry deaths are the result of “struck by” accidents such as those that involve objects falling from a higher level.

New York workers’ compensation may cover your medical, rehabilitation and lost-wage costs, but the workers’ compensation system usually forbids you from suing your employer for other losses. However, you may be able sue a third party under New York Labor Laws and seek additional compensation for your head injurycaused by a falling object at a construction site.

Falling Objects And New York Labor Laws

Contractors, owners and others may bear responsibility for construction workers’ injuries under Sections 200, 240(1) and 241(6) of the New York Labor Law. Section 200 codifies a common law obligation to use reasonable care and provide a safe workplace. Sections 240(1) and 241(6) offer explicit protections for workers injured by falling materials or objects.

A violation of the New York State Industrial Code Rules could give rise to a lawsuit under Labor Law Section 241(6). According to Section 23-1.7(1) of the New York Industrial Code, “Every place where persons are required to work or pass that is normally exposed to falling material or objects shall be provided with suitable overhead protection.” This protection should consist of plywood or similar materials capable of supporting 100 pounds per square inch and be laid over planks.

Unsuitable overhead protection that results in worker injury could create property owner or contractor liability, but the worker’s own fault (comparative negligence) could reduce the amount of damages available through a lawsuit.

Even stronger protection is provided under Labor Law Section 240, commonly known as the “scaffold law.” In order for the scaffold law to apply to a falling object accident, the object usually must have fallen because of inadequate hoisting or lack of adequate safety devices.

The liability imposed on property owners and contractors under the scaffold law is absolute—meaning that a worker’s comparative negligence (fault) is not a factor.

Discuss Your Case For Free With An Attorney In New York City

A successful lawsuit under New York Labor Law can provide an injured worker with money on top of any workers’ compensation benefits. This additional compensation may prove essential for a traumatic brain injury, which causes long-lasting symptoms in many patients and can cost hundreds of thousands—if not millions—of dollars to treat.

Protect yourself against the high costs of a head injury by discussing your legal rights with a construction accident attorney at David Resnick & Associates, P.C. Call us now or contact us online to schedule your free consultation.

Sources:

• U.S. Department of Labor/Occupational Safety & Health Administration – Commonly Used Statistics
• New York State Department of Labor, Division of Health and Safety – Part 23—Protection in Construction, Demolition and Excavation Operations

Excavations are inherently unstable, and excavation work is one of the most dangerous jobs in construction. According to the Occupational Safety & Health Administration (OSHA), the fatality rate for excavation work is 112 percent higher than the rate for general construction. An average of 54 worker deaths per year result from trenching and excavation hazards.

Cave-ins are one of the most-feared hazards of trench work. If you were fortunate enough to survive a trench collapse, you may be suffering from broken bones, internal injuries and other severe harm.

New York workers’ compensation should cover your medical expenses and lost wages resulting from a jobsite injury, but additional compensation through a third-party lawsuit may also be available under New York Labor Laws.

Federal And N.Y. State Excavation Safety Regulations

The many trenching and excavation safety regulations set forth by OSHA as well as New York State reflect the dangers of this type of work. For example, OSHA requires the following:

• Daily trench inspections.
• Trench inspection after a rainstorm.
• Soil condition evaluation.
• Keeping heavy equipment away from trench edge.
• Safe access into and out of the excavation.

New York regulations concerning worker protection in excavation operations are similar to OSHA’s. They include provisions on the steepest allowable trench or excavation slopes, the use of bracing and similar means to ensure excavation stability near buildings and the use of proper worker safeguards.

A violation of OSHA standards may lead to your employer being fined, but it usually doesn’t open the door to legal action by an injured worker. A violation of New York Industrial Code, however, may make it possible to file a lawsuit against a property owner or contractor under New York Labor Law Section 241(6).

New York Labor Law And Third-Party Lawsuits

In the context of a construction accident, “third party” means someone other than your employer or co-worker. The workers’ compensation system usually bars lawsuits against the people you work for or with, but allows legal action against others that played a role in your accident. This may include property owners, general contractors, subcontractors, equipment manufacturers and others.

Through a third-party lawsuit, you may recover damages in addition to any workers’ compensation benefits you qualify for. For serious injuries, this added compensation may be necessary to cover the complete cost of your recovery.

Speak With An Experienced NYC Construction Accident Attorney

Workers’ compensation benefits are the right of virtually all injured construction workers in New York, but they may be insufficient for severe trench collapse injuries.

To learn about all of your legal rights and options following a construction site accident, schedule a free consultation with the injury attorneys at David Resnick & Associates, P.C. Call us now or contact us online to get started.

Sources:

• Occupational Safety & Health Administration:
  • Trenching and Excavation
  • Trenching and Excavation: Quick Action Prevents Possible Injury or Death
• New York State Department of Labor – Part 23, Subpart 23-4
• Centers for Disease Control and Prevention – Trenching and Excavation

Forklifts are heavy, powerful vehicles commonly used on construction sites to move loads. An accident with a lift truck – whether you were driving it or on foot – could leave you with serious injuries that prevent you from working for a long time.

The Occupational Safety & Health Administration (OSHA) reports that forklift accidents cause around 100 employee deaths and 95,000 injuries each year. About 35,000 of those are serious injuries. The construction industry is second only to manufacturing for the number of forklift fatalities. Forklift overturn is the leading cause of death, followed by workers on foot being struck by a lift truck.

An on-the-job injury almost always entitles you to workers’ compensation benefits in New York, including payment of medical bills and partial replacement of lost wages. However, workers’ comp many not cover all your injury costs.

To recover full compensation, you may be able to bring a lawsuit against a negligent third party for a forklift accident injury.

New York Industrial Code And Fork Trucks

Rough terrain (Class VII) forklifts are the type of lift truck most often used in construction. Able to carry loads of 10,000 pounds or more and equipped with large, studded tires for operation on uneven surfaces, Class VII forklifts pose a grave threat when operated unsafely and/or not properly maintained.

New York Industrial Code Rules set out a number of regulations meant to protect workers in construction, demolition and excavation operations. Section 23-9.8 addresses the safe operation of lift and fork trucks. Violation of one of these rules in conjunction with  a worker injury might allow the injured worker to file a lawsuit for damages against the property owner, general contractor, subcontractor or another party under New York Labor Law Section 241(6).

Examples of rule-breaking under Industrial Code Section 23-9.8 that could give rise to a lawsuit include the following:

• Overloading a forklift.
• Operating a forklift on a surface so uneven as to make an accident likely.
• Transporting unpackaged masonry units.
• Lack of an overhead canopy or screen to protect an operator from falling objects.
• Driving a lift truck with elevated forks, except as necessary to clear floor obstructions and deposit loads.

Defective Forklift Claims

A forklift accident may result despite all safety rules being followed if the forklift itself is defective or was negligently maintained.

In the case of a defective forklift, the manufacturer, distributor, seller and other responsible parties may be sued for accident damages. Improper maintenance may make the garage or technician who performed the work liable for your injuries.

Know Your Rights. Speak With An Attorney.

Following a construction accident in New York City, it’s a good idea to meet with an experienced attorney to discuss all of your legal rights and options. Keep in mind that any lawsuit damages you recover are independent from workers’ compensation benefits and may be needed to fully cover the cost of your injuries.

To learn more through a free consultation, contact David Resnick & Associates, P.C., now by phone or fill out our online contact form.

Sources:

• Occupational Safety & Health Administration:
  • Worker Safety Series—Construction
  • Powered Industrial Trucks (Forklift)
• Centers for Disease Control and Prevention – Preventing Injuries and Deaths of Workers Who Operate or Work Near Forklifts
• New York State Department of Labor – Protection in Construction, Demolition and Excavation Operations, Part 23

Explosion hazards lurk at construction sites, from flammable chemicals to pressurized containers to faulty wiring. Bureau of Labor Statistics (BLS) data show that an average of 24 construction workers die in explosions each year.

Those who survive a construction site explosion often suffer severe burns and may also sustain traumatic brain injury, hearing and vision loss, bone fractures, amputation and other serious injuries.

Whether your employer did anything wrong to cause the jobsite explosion shouldn’t affect your workers’ compensation claim. That’s because New York has a no-fault system.

In addition to medical care, rehabilitation and disability benefits provided by workers’ comp, you may also be eligible for additional money through a third-party lawsuit against a non-employer that was partly responsible for the accident. This maybe a negligent property owner, contractor, subcontractor, product manufacturer or someone else.

Types And Causes Of Construction Site Explosions

The Center to Protect Workers’ Rights (CPWR) analyzed years of BLS occupational fatality data and determined that the following explosion incidents are the most common in construction:

• Chemical explosions caused by open solvents or fuels, fuel tanks, and chemical tanks or drums.
• Pressurized container explosions of vehicle tires, pipes or pipelines, and water tanks.
• Arc flashes and blasts caused by switchboards, circuit breakers, transformers, and other electrical wiring and parts.

For chemical explosions, the top causes were welding, electrical sparks, heavy equipment striking underground pipelines, and cutting or drilling. Pressurized container explosions were most frequently caused by over-pressurization, cutting, drilling or welding. For arc flash or blast incidents, the leading causes were electrical malfunctions or shorts, contact with overhead powerlines, and contact with other energized wires.

It’s worth noting that the “other” category of explosion causes, across all explosion incident types, is well-represented, suggesting many other circumstances may cause construction site explosions.

Filing A Personal Injury Lawsuit Under New York Labor Laws

Many NYC construction workers are aware of New York Labor Laws, which provide construction workers with special protections, including the ability to sue negligent third parties for construction site accidents.

One Labor Law that may apply to your case is Section 241(6). This section makes possible lawsuits against property owners, contractors, subcontractors and others, provided that an injured worker can prove a violation of the Industrial Code.

There are a number of Industrial Code provisions that may apply to a construction site explosion, including:

• Section 23-1.13 (Electrical hazards) – This section lists the ways electrical hazards should be safely handled, including investigation and warning about electrical hazards and the protection of employees.
• Section 23-1.14 (Temporary combustion devices) – Devices and receptacles that burn charcoal, coal, liquefied gas and other combustible materials must be properly ventilated and insulated, placed on a supportive base and set up within 40 feet of an approved fire extinguisher.
• Section 23-1.25 (Welding and flame cutting operations) – The compressed gas cylinders that power welding and flame cutting tools must be safety stored away from combustible material and provided with a pressure regulator or automatic pressure-reducing device.
• Section 23-11 (Use of explosives) – Only competent individuals may handle explosives and perform the duties of a blaster. Black powder and other types of explosives are also prohibited.

Discuss Your Case With An Experienced NYC Construction Accident Lawyer

After you’ve sought immediate care for your worksite explosion injuries, it’s in your best interest to discuss what happened with an attorney. Remember that filing a lawsuit in no way detracts from your ability to collect workers’ comp benefits. Even if you’re already collecting employment-based benefits, a personal injury action may help you get additional relief for your losses.

To learn more, schedule a free consultation with David Resnick & Associates, P.C. Call us now in New York City or send us a secure online message.

Sources:

• The Center to Protect Workers’ Rights – Fire and Explosion Deaths in Construction
• New York State Department of Labor – Protection in Construction, Demolition, and Excavation Operations