If you’ve been hurt in a construction accident in Elmira, New York, the Stanley Law Offices are here to help. You may have several options following a construction injury. If you were employed at the construction site, you may have the right to pursue a workers’ compensation claim. And if you were not employed on the construction site but were nevertheless injured on a construction site or near a construction site (due to falling objects or because you were hit by a truck or construction vehicle), you might have the right to sue the contractors, construction site, and other responsible parties.
Construction sites are among the most dangerous places to work in the country. Injuries stemming from accidents on construction sites can lead to devastating injuries and disabilities. If you or someone you love was hurt on a construction site, you may only have a limited time to make a claim under the law. Contact the construction injury lawyers in Elmira, New York at The Stanley Law Offices today. Our construction accident attorneys have a proven track record of getting victims and families the results they deserve following a construction accident or construction injury.
What are Some Steps You Can Take After a Construction Accident in Elmira, New York?
Your first step after any construction accident should involve protecting your safety and health, and the safety and health of others. Seek medical attention for your injuries and render aid to anyone who was hurt in a construction accident. Yet, the next steps you might need to take will depend on your circumstances, the serious of your injury, and other factors.
If you were injured on a work site as a construction worker, you must let your employer know you were injured as soon as possible. You only have 30 days following a workplace injury to report the accident. Delays to report your injury to your employer could result in the denial of your workers’ compensation claim. If you were working on a construction site when you were injured, you’ll want to work with your employer with making a workers’ compensation claim. Virtually all construction workers should be covered under New York workers’ compensation insurance. You also might need to speak to your employer about seeking medical care from in-network doctors under your employer’s workers’ compensation insurance. While many workers’ compensation claims can sometimes be settled without the assistance of a lawyer, sometimes issues arise. If your employer claims that you are exempt or if you have been wrongfully classified as an independent contractor, you might want to speak to the construction accident lawyers in Elmira, New York at the Stanely Law Offices. If the settlement amount you are being offered doesn’t cover your medical expenses or lost wages, you might want to speak to a construction injury lawyer in Elmira, New York at the Stanley Law Offices. And if you have questions about the level of disability you’ve been awarded or have questions about whether you are entitled to receive disability benefits, you might want to speak to an Elmira, New York workers’ compensation lawyer.
If you were not working on the construction site, but were injured due to a falling object, or were involved in a collision with a construction vehicle, you might want to speak to a construction accident attorney as soon as possible. As a non-worker, you might have more options to pursue a claim or lawsuit. Contact the construction injury lawyers in Elmira, New York at the Stanley Law Offices today.
Four Leading Causes of Death in Construction Accidents in Elmira, New York
The “fatal four” are the four leading causes of death in construction accidents in New York. The fatal four causes of construction accident deaths are: falls, strikes from falling objects, electrocution, and “caught in-between” injuries. Many of these accidents could have been prevented with proper safety precautions and proactive measures.
For example, according to OSHA, many fall injuries can be prevented by providing workers with proper protective equipment, safety equipment, as well as ladders and scaffolds. The type of ladders provided can also make a difference in safety. Fall arrest systems can prevent falls and protect individuals when falls take place, but this equipment must be used properly to work, meaning people need to be properly trained.
According to the Center for Construction Research and Training, “struck by incidents are the second leading cause of death among construction workers.” And according to a 2022 survey, the leading causes of struck by accidents including working near heavy equipment, falling objects from work performed at height, cave-ins during excavation work, working around a crane, and collapsed buildings. The best way to prevent many of these accidents involves better training, better marking off restricted areas (sites underneath where workers are working to prevent others from being struck by falling objects), and worker training. In many cases, struck by accidents can be prevented by better planning, better organization, and better signage.
Electrocution prevention can include better training, use of protective equipment, and better signage around electrified objects, generators, and other sources of power. Some accidents occur because a worker wasn’t aware a hazard existed on the construction site. Something as simple as education and signage could save lives. Other safety measures can include ensuring proper grounding and ensuring that electrical equipment is secure.
Caught in between injuries can be prevented with better equipment and site management. When equipment tips over, sites cave in, or proper protocol around moving parts isn’t observed, accidents can happen.
While many of the “fatal four” can be prevented, every year, construction workers and others die due to construction accidents. If you or someone you love was hurt in a construction accident in Elmira, New York, you may have the right to seek damages and compensation for your losses. If you have filed a workers’ compensation claim, but are struggling with the insurance process, the Elmira, New York construction injury lawyers at the Stanley Law Offices may be able to help. Families of workers who passed away due to a construction accident, may also have the right to seek compensation and settlement from workers’ compensation. The construction accident lawyers in Elmira, New York are here to help you, and your family, take the next steps.
Third Party Claims Following a Construction Accident in Elmira, New York
Many construction accident claims are claims made by construction workers themselves and will often involve workers’ compensation claims. Construction workers who are covered under workers’ compensation aren’t generally permitted to pursue a lawsuit. But if you were working on a construction site as a third-party, such as a contractor, driver, electrician, or if you were walking by or driving by the construction site when you were hurt, you might be entitled to make a third-party claim. The Elmira, New York construction accident lawyer can investigate the construction site to identify OSHA violations and other hazards, to establish negligence, and to help you pursue a third-party claim if you qualify. Every construction accident claim is unique, and your options will depend on your specific circumstances. If you have questions about your rights following a construction accident, reach out to the construction accident lawyers in Elmira, New York at the Stanley Law Offices to learn about third-party claims, the workers’ compensation process, and more.
OSHA Violations in Elmira, New York
Construction companies have a responsibility to implement OSHA safety measures and to follow safety guidelines. This includes requirements to provide PPE, safety training, and more. When construction companies cut corners and violate OSHA safety laws, workers can get hurt. If you were hurt on a construction site and believe your employer violated OSHA safety laws, you may have rights, and your employer could be found liable for your injuries.
What are some common OSHA violations? Common OSHA violations include:
- Improper safety measures to prevent falls or failure to provide proper fall arrest safety equipment or training. If you are working above 6 feet, you should be provided with fall protection safety training and equipment. Unfortunately, many roofers and other workers are not provided with these safety measures.
- Mask Usage. When working around hazardous materials, workers should be provided with masks and training.
- Lockout / Tagout Procedures. Proper lockout / tagout procedures must be used to prevent a machine from turning on when a construction worker is working inside or near the machine. Improper lockout / tagout procedures could result in stuck-between or crush injuries.
- Improper ladder usage. Workers need the right ladder for the job. When construction sites cut corners, accidents can happen.
- Communication issues. Improper signage or failure to render areas off limits could lead to injuries due to falling objects, electrocution, and more.
These are just some of the OSHA violations that can lead to injury. If you or someone you love was hurt or killed in a construction accident, you may have questions about why this happened. The construction accident lawyers in Elmira, New York at the Stanley Law Offices might be able to provide answers.
Contact the Construction Accident Lawyers at the Stanley Law Offices Today
If you’ve been hurt in a construction accident in Elmira, New York, you may only have a limited time to make a personal injury claim or pursue a workers’ compensation claim. Contact the construction accident lawyers at the Stanley Law Offices today to learn more about your rights and take the next steps. Our construction injury lawyers can help you:
- File a workers’ compensation claim or appeal a denied or underpaid claim
- Help you pursue a personal injury lawsuit or third-party claim
- Help you understand your rights, and the value of your claim
Call our construction accident lawyers in Elmira, New York at the Stanley Law Offices today at 1-800-608-3333.
