Construction sites are scattered across Averne as the neighborhood continues to grow. Unfortunately, though, not every property site owner and general contractor takes safety as seriously as others, leading to devastating accidents.

If you were injured working on a construction site or walking by one, our attorneys can help you prepare your legal claim. Many accidents on construction sites result from shoddy scaffolding being used. However, state law and OSHA regulations place strict duties on property owners and contractors to use adequate materials for what the construction job calls for. They can also be held responsible for not providing adequate safety gear and training to other workers. If a piece of equipment or tool was involved in your accident, we can review evidence to determine if it was negligently designed or manufactured. We might discover that a salesperson or contractor tampered with the machinery before you used it.

Call The Carrion Law Firm today at (718) 841-0083 for a case consultation with our Queens construction accident attorneys free of charge.

Common Ways Construction Accidents Happen in Averne, Queens

It likely comes as no surprise that accidents occur often on Averne’s many construction sites. What is less common is the nature of these accidents and the extensive damages they cause victims. How your construction accident happened can indicate who our construction accident attorneys should file your lawsuit against. In some cases, a lawsuit is actually barred against your employer, but certain laws can open access to the courts based on particular violations of safety law, some of which are discussed below.

Many are injured in falls because project managers fail to use proper scaffolding and other equipment, while negligently designed tools hurt others. Numerous other types of accidents can result from a lack of training, which our team can help you prove.

Falling Accidents

Falling is arguably the most common cause of construction accidents despite L.A.B. Law § 240(1) placing significant responsibilities on contractors and construction site owners. Any party that directs or controls the work on a construction site has a duty to provide adequate scaffolding, ladders, hoists, slings, pulleys, and other devices meant to protect from falls. If one of the devices is substandard, it can be used as evidence of the owner’s and contractor’s negligence.

If the scaffolding or staging is higher than 25 feet from the ground, it must have safety rails made from reliable materials properly attached, braced, or bolted, rising at least 34 inches from the floor of the scaffolding, as per § 240(2). It must also be fastened to prevent the scaffolding from swaying from the structure.

Further, § 240(3) requires all scaffolding to be able to bear four times the maximum weight when in use. Anything less can be used to argue negligence.

Failure to Provide Training and Equipment

Proper training is essential to maintaining a safe construction site. If owners and contractors allow unskilled or careless workers to operate on the site, catastrophic accidents can easily occur. The Occupational Safety and Health Administration (OSHA) requires construction employees to be trained on the regulations and unsafe conditions applicable to the work environment.

Construction site managers also have a duty to provide personal protective equipment suitable to the hazardous conditions present on the site. This means providing adequate hard hats, safety goggles, and any other gear needed to do the job safely.

Defective Construction Equipment

Countless pieces of equipment and tools are used on construction sites. However, if they are negligently designed or manufactured and malfunction, they can cause serious injuries to the operator. In such cases, we can help you file a product liability lawsuit.

Who we sue will depend on where the flaw occurred. The tool manufacturer would be liable if they negligently assembled the product against the design specifications. The designer should be held responsible if the model is inherently dangerous. Others in the chain of commerce, like salespeople, might also be responsible if they somehow altered or tampered with the equipment.

We must also show that you were using the equipment as intended. If the victim were horseplaying or ignoring the tool’s warning instructions, it would hurt their chances of recovering compensation.

Assessing Liability for a Construction Accident in Averne, Queens

Preserving evidence is crucial to assessing liability for your construction accident since the question of fault will be directed at both you and the defendant. New York is a “pure” comparative negligence state, meaning that victims will be held responsible for their contributory negligence, and their damages will be diminished in proportion to their share of the blame, according to C.V.P. Law § 1411. If property owners, general contractors, and other defendants can escape some liability by claiming you caused your injuries, they will do so. By having the right evidence, though, you can refute these accusations completely or, at the very least, minimize your level of fault.

Gathering evidence at the construction site at the time you are injured is often the best place to start. Those in charge of the site are often inclined to clean up the scene quickly to remove evidence of their negligence, such as faulty equipment and debris. You can preserve this evidence by taking pictures with your phone or having someone help you. Take pictures of the materials involved, your injuries, and anything else you find relevant.

Your construction site likely also has surveillance cameras installed that might have filmed your accident. If we act fast, we can demand that the defendant turn over the footage before they have time to erase it.

Try to speak to witnesses if coworkers or others saw your accident. It is best to get notes on what they witnessed and their contact information on the scene, but it is okay if you did not have a chance. If you know the witnesses, we can contact them and discuss what they can provide to support your claim. If not, we can review accident reports to determine if they provided statements to the project manager or the police.

Contact Our Averne Construction Accident Attorneys Now for Help Covering Your Losses in a Legal Claim

Call The Carrion Law Firm at (718) 841-0083 to receive your free case review with our construction accident lawyers.