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Construction Accidents

What Are Your Rights if You Are Injured by a Falling Object at a Construction Site?

What Are Your Rights if You Are Injured by a Falling Object at a Construction Site?

Construction work is a dangerous occupation. Workers are at a high risk of being injured or killed on construction sites. Roughly 20% of fatal workplace accidents happen on construction sites.

Therefore, New York has strict labor laws that protect construction workers from falling objects. Unfortunately, falling objects remain a common cause of injuries and deaths on construction sites.

Common Causes of Falling Objects on Bronx Construction Sites

Falling objects on construction sites happen for many reasons. Common causes of falling objects include:

  • Failing to secure tools and equipment
  • Lack of barricades
  • Failing to inspect chains, hooks, and other means of securing equipment
  • Scaffolding and ladder accidents
  • Failing to enforce safety standards
  • Malfunctioning equipment
  • Placing debris and other objects too close to the edge of higher levels
  • Unsecured or improperly secured loads
  • Failure to install catch platforms, screens, canopies, and other safety measures
  • Lifting loads that are too heavy
  • Failing to require employees to wear hard hats and use other safety equipment
  • Improperly stacking and storing materials and supplies

Even small objects that fall from heights can cause severe and life-threatening injuries. A construction worker injured by a falling object may sustain permanent impairments and disabilities.

Common Injuries Caused by Falling Objects on Construction Sites in The Bronx

Even though construction workers wear a hard hat and follow safety protocols, they can be severely injured by falling objects. Common injuries caused by falling objects at a construction site include:

Unfortunately, many of these injuries are preventable. However, negligence and cutting corners result in unsafe working conditions for construction workers. A construction worker should seek immediate medical treatment if they are hit by a falling object on a construction site.

What Rights Does a Worker Have After Being Hit by an Object on a Construction Site in The Bronx?

When a construction worker is injured on the job, they should be entitled to workers’ compensation benefits. Workers’ compensation benefits pay for necessary medical treatment. Workers can also receive temporary wage benefits if the injury prevents them from returning to work.

However, the worker could have a third-party claim for a falling object injury. Third-party claims are personal injury claims. The compensation for a third-party claim is much more extensive than the benefits you can receive for workers’ compensation.

Also, because of New York’s substantial legal protections for construction workers, you may be able to sue your employer after this type of accident. This would also be a personal injury claim. An experienced attorney can review your case and let you know which form(s) of compensation you can pursue in your situation.

What Damages Can I Recover After a Construction Site Accident in New York City?

If another party was negligent in causing your falling object injury on a construction site, you could sue that party for damages. The damages you receive include economic and non-economic damages. Examples of damages you could receive include:

  • Medical bills
  • All loss of income and benefits
  • Long-term skilled care
  • Out-of-pocket expenses
  • Disfigurement and scarring
  • Loss of enjoyment of life
  • Emotional distress and mental anguish
  • Physical pain and suffering
  • Impairments and disabilities
  • Diminished quality of life

Workers’ compensation only pays workers a portion of their lost wages. It does not compensate them for pain and suffering damages. A personal injury claim, on the other hand, could provide the full compensation you need and deserve after a falling objects injury on a construction site.

How Long Does a Worker Have To File a Claim for Injuries Caused by Falling Objects on a Construction Site?

It depends on the type of claim being filed. A personal injury claim typically must be filed within three years from the injury date. However, the statute of limitations is much shorter if a government entity is involved.

Workers must report injuries and construction accidents to their employers within 30 days. It is best to notify your employer as soon as possible instead of waiting 30 days. The deadline to file a workers’ comp claim is two years from the date of injury.

There could be exceptions to these rules. Therefore, talking with a Bronx construction accident lawyer as soon as possible after your injury is in your best interest. An attorney reviews your case to determine your legal options and the filing deadlines for each option.

Attorneys also handle all other matters related to your case, including gathering evidence to prove your case, completing and filing paperwork, and negotiating settlements. An attorney understands the damages and benefits you should receive by law and how much those damages are worth. If you hire a lawyer, you’ll have a trusted advocate fighting for you that has your best interest as the only priority.

Contact Our Construction Accident Law Firm in Bronx, NY

If you need legal assistance, contact the Bronx construction accident lawyers at Oresky & Associates, PLLC at your nearest location to schedule a free consultation.

We have two convenient locations in New York:

Oresky & Associates, PLLC – Bronx Office
149 E 149th St
Bronx, NY 10451
(718) 993-9999

Oresky & Associates, PLLC – Queens Office
104-09 Roosevelt Ave
Queens, NY 11368
(347) 507-3884

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We’re Ready to Review Your Case and Fight for You

Our convenient office locations in the Bronx, Queens, and Manhattan are staffed with bilingual staff members who are prepared to help you recover money for your losses. We will handle everything involved with your personal injury case.

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