Construction sites present numerous hazards that can lead to serious injuries. If you work in construction in Queens, understanding these risks helps you stay safe and know your rights. Whether you’re injured at work or simply hoping to understand your options, an experienced construction accident lawyer in Queens, NY, can help.
At Elliot Ifraimoff & Associates, PC, we pair you with a Queens construction accident attorney so you can navigate complex legal processes after your accident. In this guide, we will explain what causes construction accidents in Queens and your options for seeking compensation.
Common Types of Construction Site Accidents
Construction workers face high on-the-job risks, with about 20% of workplace injuries occurring in this industry. New York City construction workers must deal with even higher risks because of the city’s dense urban infrastructure. NYC has a higher construction industry fatality rate than the national average, making it critical for workers to understand the risks they face on a day-to-day basis.
Construction accidents can occur in various ways, often stemming from multiple safety failures. Understanding these incidents helps workers identify potential hazards.
Common accidents include:
- Falls from heights (scaffolding, ladders, roofs)
- Workers struck by falling objects or equipment
- Workers caught between machinery or materials
- Electrical accidents and electrocutions
- Trip-and-fall incidents
- Equipment malfunctions
- Vehicle accidents on construction sites
Understanding OSHA’s “Fatal Four” in Construction
The Occupational Safety and Health Administration identifies four accident types that cause the majority of construction fatalities. These incidents require immediate attention and proper legal representation.
Falls account for the highest number of construction worker deaths and are a leading cause of death for individuals around the world. Working at elevation without proper fall protection dramatically increases injury risk, as does bad weather and missed safety precautions.
Struck-by incidents occur when objects, tools, or materials hit workers. Proper protective equipment and securing of materials help prevent these accidents.
Electrocutions can occur from exposed wiring, faulty equipment, or contact with power lines. Therefore, it is essential to follow electrical safety protocols.
Caught-in or between accidents involve workers trapped by equipment, materials, or collapsing structures. These incidents often lead to crushing injuries.
Critical Safety Violations Leading to Accidents
Construction site injury incidents frequently stem from safety regulation violations. A Queens construction accident attorney can help determine whether any safety violations caused your injury.
Safety violations might include the following:
- Inadequate fall protection systems: Workers at heights require proper harnesses, anchor points, and safety lines to prevent devastating falls. These systems must meet OSHA standards and undergo regular inspections to ensure they function correctly.
- Missing guardrails or safety nets: Every elevated work area needs secure guardrails that can withstand 200 pounds of force in any direction. Safety nets must be installed when working spaces exceed 25 feet in height, and other fall protection isn’t practical.
- Improper scaffold construction: Scaffolding requires level foundations, proper bracing, and secure planking to provide stable work platforms. Regular inspection and maintenance of scaffold components help prevent collapse and falling hazards.
- Lack of personal protective equipment: Workers need appropriate helmets, gloves, eye protection, and safety footwear specific to their tasks. This equipment must fit properly and remain in good condition to provide effective protection.
- Insufficient worker training: Construction workers need comprehensive training in equipment operation, safety protocols, and emergency procedures. Regular safety meetings and updated certifications help ensure workers understand current safety requirements.
- Poor site maintenance: To prevent tripping hazards, construction sites require clear walkways, proper material storage, and regular cleanup. Organized worksites reduce accident risks and allow for efficient emergency response.
- Defective tools and equipment: Construction tools and machinery need regular inspection and maintenance to identify wear or damage. Faulty equipment should be immediately removed from service and repaired or replaced by qualified personnel.
You can report a worksite accident to help prevent future incidents. Documenting safety violations strengthens your legal case and helps protect other workers from similar hazards. Employers may face additional liability for worker injuries when they fail to address known safety issues.
Your Legal Rights After a Construction Accident
Understanding your rights helps protect your interests after an injury. A construction accident law firm can explain your options for compensation.
Worker’s compensation provides benefits regardless of fault. However, you may have additional claims against third parties responsible for your injury.
Your accident claim may include compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Rehabilitation costs
- Permanent disability
Workplace safety regulations require employers to maintain safe conditions. Violations of these standards can support your legal case.
Immediate Steps After a Construction Injury
Taking proper action immediately after an accident protects your health and legal rights. Document the accident scene with photos if possible, report the incident to your supervisor, gather contact information from any witnesses, seek medical attention even if your injuries seem minor, as some conditions worsen over time and contact a Queens construction accident attorney as soon as possible.
Personal Injury Claims vs. Workers’ Compensation:
A personal injury lawyer evaluates whether you have claims beyond workers’ compensation. These cases typically involve:
- Property owners
- General Contractors
- Site managers
- Third-party contractors
- Subcontractors
- Equipment manufacturers
Workers’ compensation limits your ability to sue your employer directly. However, other parties may bear responsibility for your injuries.
Understanding the difference between these claims is crucial for maximizing your compensation. Workers’ compensation provides immediate benefits but may not cover all your losses from a serious construction accident.
Personal injury claims allow you to seek damages for pain and suffering, which workers’ compensation does not provide. Third-party claims often arise when defective equipment causes injuries or multiple contractors share a worksite.
Your Queens construction accident attorney will investigate whether site conditions, equipment failures, or contractor negligence contributed to your accident. Construction projects typically involve numerous companies working together, creating complex liability situations that require thorough legal analysis.
Speak With a Construction Accident Lawyer in Queens, NY, Today
Construction accidents can have devastating consequences for workers and their families. When you need support after an injury, learn what to do after a construction accident.
We provide comprehensive representation for construction accident victims throughout Queens, NY. Call Elliot Ifraimoff & Associates, PC, at (718) 205-1010 to discuss your case with a Queens construction accident attorney.
FAQs
Here are answers to common questions about construction accidents and legal rights in Queens. Understanding these key points can help protect your interests after a workplace injury.
How Long Do I Have To File a Construction Accident Claim?
The statute of limitations for construction accidents in New York is generally three years from the date of injury. Workers’ compensation claims have stricter deadlines, requiring you to notify your employer within 30 days and file a claim within two years.
What If My Employer Says I Don’t Have a Case?
Your employer’s opinion does not determine your legal rights after a construction accident. An independent consultation with a Queens construction accident attorney can evaluate your case and identify potential claims your employer may not acknowledge or understand.
What Evidence Do I Need for My Case?
Photos of the accident scene, incident reports, witness statements, and detailed medical records form the foundation of a strong construction accident case. Your memory of events, work history documentation, and evidence of safety violations can also strengthen your claim for compensation.
What Types of Compensation Can I Recover?
Workers’ compensation typically covers medical expenses and a portion of lost wages, while third-party claims may provide additional compensation for pain and suffering. A Queens construction accident attorney can review your case to identify all potential sources of recovery, including claims against contractors, equipment manufacturers, or property owners.