Hempstead Construction Accident and Injury Lawyer
Construction sites are notoriously dangerous places to work, and injuries are common. Even people just passing by a construction site are at risk of being hurt. An attorney can help you determine who should be held liable for your injuries.
There are numerous ways in which a person can be injured on a construction site. Many accidents happen when workers fall from great heights, like ladders or scaffolding. Other times, people are caught between heavy machinery or tools and walls. In many cases, liability falls on the people in charge of the construction site, often a supervisor or employer. However, third parties might be liable in certain circumstances. To prove your claims, we need evidence of your injuries. Photos, security camera footage, and witness testimony are paramount to your case.
Construction accidents can leave people with severe injuries and long-lasting pain. If you were hurt in a construction-related incident, our Hempstead construction accident attorneys can help you file a lawsuit. Call The Carrion Law Firm for a free case review at (718) 841-0083.
How Construction Accidents Can Happen in Hempstead
Construction sites are full of hazards, and workers must be careful to avoid getting hurt. If you were injured, our Hempstead construction accident lawyers can help you file a lawsuit against the person responsible.
Falls are common on construction sites as many workers must work from high in the air. High ladders, scaffolding, and roof work are normal parts of construction projects but are also very dangerous. Workers might be severely injured if a ladder is faulty or scaffolding is not assembled correctly.
Other common causes of construction site injuries are sometimes called caught-betweens. These accidents happen when workers are pinned between heavy objects. For example, if a forklift accidentally pins a worker against a wall, the worker might suffer catastrophic injuries. These accidents often result from the misuse of heavy equipment like forklifts or a lack of safety precautions enforced by employers.
Injuries might happen when employees work from roofs, ladders, or scaffolding if heavy objects are accidentally dropped. For example, if a worker on top of a high ladder accidentally drops a hammer, the falling hammer might severely injure someone down below. Again, these accidents often stem from a lack of safety procedures enforced by employers. If someone is working from way up high, employers should make sure that workers do not walk under the work zone.
Third parties can also cause injuries on construction sites without even being present. For example, if you were injured because a tool you used was damaged or lacked important safety features, the manufacturer of the tool can be held liable as a third party.
Liability for Hempstead Construction Accidents
People sometimes dismiss accidents because they are usually unintentional, but that does not mean nobody is responsible. Negligence is a common source of accidents and has no place on a construction site. In most cases, injured construction workers want to hold their employers liable for creating unsafe work environments, but this is not always easy.
According to Workers’ Compensation laws in New York, injured employees who file Workers’ Compensation claims are barred from filing lawsuits against their employers even if the employers are clearly negligent. However, other laws might allow you to sue responsible parties, potentially including your employer, and our Hempstead construction accident lawyers can help.
Holding an Employer Liable
You can go above Workers’ Compensation laws if certain criteria under New York labor laws are met. According to L.A.B. Law § 200, construction site employers have a general duty to protect the health and safety of employees. This includes ensuring that all machinery, tools, equipment, or devices are in safe working order, placed in safe spaces, and operated under safe conditions.
Certain laws allow injured employees to sue their employers and hold them liable for construction accidents if specific criteria are met. According to L.A.B. Law § 240(1), accidents involving a fall from a height, ladder, or scaffold might allow the employee to circumvent Workers’ Compensation laws barring legal action against employers. The same goes for accidents involving objects dropped from these heights onto unsuspecting employees below.
Under L.A.B. Law § 241(6), construction accidents related to excavation accidents, such as falling into unsecured holes in the ground, also allow injured employees to step outside the restrictions set by Workers’ Compensation laws. In fact, you may be able to sue your employer in the above situations and for accidents involving violations of New York’s industrial regulations or third parties.
Holding a Third Party Liable
Third parties who might not have been present at the accident scene can also be held liable for your injuries. Many cases involving third parties involve suing the people or businesses that provided faulty equipment or trespassers who were not permitted to be at the construction site. Our Hempstead construction accident lawyers can help you identify the appropriate defendants in your case.
Injuries caused by faulty or damaged equipment may be handled in a product liability case. In such a case, defendants are held liable because they negligently provided damaged or poorly designed tools to customers. Construction equipment that is damaged or designed in an unsafe way may lead to very severe injuries. You must have used the equipment for its intended purpose when the injuries arose to be successful.
In other cases, the liable third party might be a trespasser or passerby who is not permitted to be on the construction site. In these cases, the third party might intentionally or unintentionally cause damage to the site or equipment, creating hazards for unsuspecting workers. Our team can help you review security camera footage and speak to witnesses to identify the negligent third parties.
It is also important to note that you do not need a special exception to sue third parties. If a third party is liable for your injuries, you do not have to find a special exception to the Workers’ Compensation rules.
Gathering Evidence for Hempstead Construction Accident Cases
Once we know whether we can hold your employer liable for your injuries, we must gather evidence of the accident. The evidence we need and what is actually available will vary based on the nature of the accident. Our Hempstead construction accident lawyers have experience with various forms of evidence, and we can help you find what you need.
Immediately after the accident, you should take as many photos as possible. This might be difficult if you are badly injured, but you should do so if you are able. These photos preserve the accident scene as it was immediately after you were injured. By presenting these photos to a jury, we can show them how the scene looked before your employer had a chance to clean things up.
Many construction sites are monitored by security cameras. There is a good chance that one of these cameras recorded your accident on video. Unfortunately, the defendant in construction accident cases (i.e., your employer) is usually in control of these cameras. We might have to get a subpoena or court order to make the defendant turn this evidence over to us. If your accident was caught on camera, it might be some of the strongest evidence in our arsenal.
People rarely work alone on construction sites, and there might be numerous possible witnesses we can call on to support your claims. Witnesses may include other construction workers or third parties who were present at the time of the accident. Even if a co-worker was not present during the accident, they might still testify about the general working conditions and how unsafe they are.
Call Our Hempstead Construction Accident lawyers for a Free Case Evaluation
Our Hempstead construction accident attorneys can help you hold your negligent employer liable for their serious negligence. You deserve a safe work environment, and irresponsible employers should be held accountable. For a free case review, call The Carrion Law Firm at (718) 841-0083.