Upstate New York Construction Accident
The presence of heavy equipment and unstable surfaces on excavation and trenching worksites implies that workers are at a risk of suffering debilitating injuries in the case that an accident occurs. An injury sustained in a trenching or excavation accident may compel a construction worker to miss long stretches of work, suffer severe physical and emotion pain and endure high medical costs that might not be covered by insurance. New York law provides a remedy for an instance where an individual has been injured to another person’s negligence. Victims may file a lawsuit and receive compensation from the responsible party for the injuries that they have sustained. Consequently, it is imperative that an individual that has sustained an injury due to an excavation accident contact an experience attorney immediately. At Queller, Fisher, Washor, Fuchs & Kool our attorneys have decades of combined experiencing handling construction accident lawsuits. Our legal efforts have secured numerous favorable verdicts and settlements for our clients, including some that range in the millions. In that case that you, or a loved one have sustained an injury in an excavation or trenching accident, you may have legal recourse.Elements of a Valid Lawsuit
If a construction worker suffered an injury during an exaction or trenching due to any of the following, he or she may be able to recoup compensation for damages sustained:
- The General Contractor or Property Owner Violated New York Labor Law 241 (6): In the instance that an injury occurs during the demolition or construction of a building or during excavation work, New York Labor Law 241(6) places vicarious liability on the general contractor or owner in the case that they violated a specific safety rule delineate in rule 23 of the Industrial Code. The Industrial Code requires that property owners maintain a safe working environment, which includes adequate safety practices. Violations of the Industrial Code can range from the lack of correct equipment, the presence of faulty equipment and generally unsafe worksite practice.
- The injury resulted due to negligence: Injured workers may have a valid claim in the case than an individual or entity breached their duty of care, resulting in negligence an injury to the worker. A duty of care is defined as the legal obligation and individual as to act in a cautious manner whilst performing a potentially dangerous action. In the case that the duty of car is breached and injury results, the party who failed to act with care may be liable. In order for their to be a valid claim, it is imperative the breach of duty have caused the injury directly.
- In the case that the victim was Injured Due to fall from an elevated surface or was struck by an object that was falling from an elevated surface: A specific section of New York Labor Law 241(1) allows for valid claims involving accidents where construction workers have been injured in an excavation or trenching accident. This particular law is commonly known as the “Scaffold Law”. The Scaffold Law allows for construction workers to be compensated for injuries that have resulted from an elevated fall or from an object falling from an elevated height. Labor Law 240 (!) may be applied to trenching I circumstances where an object falls and hits a worker in the trench, resulting in injury. The law may also be applied to circumstances in which the victim fell in to aforementioned trench.
Despite the fact that welding is an integral part of any sort of construction work, any negligence on behalf of the employed when it comes to the welding equipment or unsafe working conditions can cause workers to sustain severe and in certain cases, life threatening, injuries. Injuries resulting from welding accidents can require relentless medical attention and might result in expensive medical bills that are often not covered by the worker’s insurance. Additionally, the injuries sustained may cause the worker to either be unemployed for a certain period of time or eventually quit his job, ultimately, causing the worker and his or her family significant financial strain.
However, all hope is not yet lost. The construction accident attorneys at Queller, Fisher, Washor, Fuchs & Kool are well versed with cases pertaining to welding accidents and work tirelessly to insure that construction workers who have faced injury due to a welding accident are able to recoup compensation for any damages they may have sustained through a personal injury lawsuit.Elements of A Valid Lawsuit
An injured construction worker may be able to recoup compensation for the damages he or she has sustained as a result of the injury by filing a lawsuit against the responsible party. The following is a list of the element required in order for there to be a valid lawsuit:
- Duty of Care: The individual or entity that is allegedly responsible for causing the injury must have had a duty of care to the victim. Duty of care is defined, as a legal obligation an individual or entity must adhere to whilst performing acts that might potentially harm other individuals. For example, contractors are responsible for maintaining a safe work environment and providing suitable equipment and safety gear to their workers.
- Breach of Duty: The individual or entity responsible for causing the construction worker’s must have breached their duty of care, and in doing so, have acted negligently. A general contractor who failed to provide his or her workers with a safe working environment and equipment can be held to have acted negligently.
- Causation: A breach of the duty of care does not, in and of itself, constitute valid grounds for a lawsuit. In order for the lawsuit to be valid, the breach of duty must have directly caused the injury in question. For example, if a contractor provides his workers with faulty safety equipment, the lack of safe working equipment must have directly caused the injury itself.
- Damages: Lastly, the victim of the welding accident must have sustained some damages as a result. The damages can be economic or non-economic in nature. Some economic damages include loss of wages, high medical bills as well as loss of union benefits. Non-economic damages on the other hand, include loss of the enjoyment of life, pain and suffering in addition to emotional trauma
Construction may have grounds for a valid lawsuit if their injury was due to any of the following reasons:
- Defective equipment
- Inadequate protection from toxic fumes or burns
- Unsafe working conditions
- Lack of sufficient warnings regarding the dangers of the worksite
- Inadequate supervision of the worksite
Individuals that work at elevated heights are always at risk of sustaining serious injuries in the case that a fall occurs. According to national surveys, falls were listed as the leading cause of construction worker deaths, accounting for over one-third of fatal injuries in 2010. On construction sites, most workers, including painters use ladders and scaffoldings almost every single day. In the case that you, or a loved one, was injured in a fall on a construction job site, New York Labor law Section 240 allows for liability to be established against owners and general contractors at the job sire.
The attorneys at Queller, Fisher, Washor, Fuchs & Kool have been representing painters and workers injured in construction accidents for over fifty years. Our attorneys are familiar with New York’s nuanced labor laws as well as the steps required in order to prove liability. Our attorneys will do their very best to ensure that you receive the maximum possible compensation that you deserve.Injuries Sustained from Falls from Scaffolds and Ladders
Some of the most common injuries caused by falls include, but are not limited to:
- Spinal Cord Injury
- Neck Injury
- Bank Injury
- Brain Injury
- Leg Injury
- Knee Injury
- Arm Injury
- Elbow Injury
The existence of the statute of limitation requires that workers who have been injured in a construction accident seek legal counsel immediately. The statute of limitations restricts the time period during which a victim can bring forth a claim against the responsible party. Failure to act within this transcribed period results in the victim from forever being banned from receiving compensation for the damages he or she sustained. Contractors and property owners in conjunction with their insurance companies do everything in their power to evade liability for their actions and to avoid compensation injured workers. Consequently, it is imperative that you hire a skilled personal injury attorney to represent you. Our attorneys at Queller, Fisher, Washor, Fuchs & Kool have over fifty years of combined experience representing construction accident victims inside and outside the courtroom. We have managed to secure a number of favorable verdicts, including a $10.5 million verdict for one of our clients.
In the case that you, or a loved one, have been privy to a construction accident do not hesitate to contact our New York law office today to review your options. Depending on the facts of your case, you may be entitled to receive compensation from the responsible parties. Call us today at 212.406.1700 or contact us online to schedule a free consultation. All our cases are accepted on a contingent fees basis, that is, we do not charge you any representation fees unless and until we are able to secure a favorable verdict for you.