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Construction Injuries And Legal Rights

Construction Injuries And Legal Rights

Construction can be a dangerous job, which is why employers are required to provide certain protections to their construction crews. Workers’ compensation insurance and strict safety standards are designed to protect construction workers. However, even with the best protection, accidents can still happen.

If you or a loved one has been injured on a construction site, you may be owed financial compensation. Here, the experienced New York State construction accident attorneys at Schwartzapfel Lawyers can help. For a free consultation and so much more, call us now at 516-342-2200 or visit us online today.

What Are The Most Common Types Of Construction Injuries?

The Occupational Safety and Health Administration (OSHA) has strict rules for keeping construction workers safe. Still, construction can be a dangerous job. Construction workers are more likely to face certain types of injuries than other people, including but not limited to:


Slip, trip and fall accidents, as well as falls from ladders, roofs, or scaffolding, are common injuries among construction workers. Faulty safety measures or unreliable protective equipment can sometimes fail to protect workers who rely on it most.

In point of fact, the United States Bureau of Labor Statistics reports that slips, trips and falls account for the majority of fatal construction accidents.

Falling Objects

Falling objects refers to any object that falls on, hits, squeezes, or pins a construction worker. Being caught beneath rubble or pinned between debris can cause serious injury, including traumatic amputation. These types of injuries usually happen during the demolition phase of a project, which has the potential to be the most dangerous stage of construction.

Electrical Accidents

Electrical accidents, including electrocution, are unfortunately common on construction sites. Live wires and high voltage are a dangerous combination. Electrocution can be a fatal electrical injury. Severe electric shock can lead to loss of limbs and permanent damage to the brain or body.

Machinery Accidents

Operating power tools and heavy machinery are a regular part of many construction workers’ jobs. Equipment and machinery are required to be properly maintained and operated only by professional, licensed, or experienced operators. Even equipment as simple as a forklift should only be used by a certified operator.

Maintenance neglect, improper training, or even defective equipment can place a construction worker’s life at risk. Construction workers should never be asked or required to operate unfamiliar heavy machinery or worksite equipment if they don’t have the proper training or certification to do so.

To learn more now, call Schwartzapfel Lawyers at 516-342-2200 or visit us online to schedule your free consultation today. Alternatively, please continue reading.

What Should You Do If You’re Injured On A Construction Site?

If you or a loved one has been injured on a construction site or while in the performance of job-related duties, you need to act immediately to seek medical treatment and legal advice, especially if the injury is serious. The next steps you take can determine the outcome of your case and you can’t afford to wait. You need (and deserve) medical treatment and compensation for your injuries, especially if they’ll leave you unable to work.

Seek Medical Treatment

You should seek medical treatment immediately after being injured. Delaying medical treatment can have serious consequences. Among them, your injury might get worse or become life-threatening if you don’t see a doctor. Secondly, waiting too long to get an assessment for your injury can affect your workers’ compensation or personal injury claim.

Generally, it is advisable to seek medical treatment, even if you are concerned about your ability to pay your medical bills. Note: In many cases, you may be entitled to recover the full cost of your medical bills through your claim.

That said, unless the situation is deemed a medical emergency, the attending physician – that is, the doctor treating your injury – must be approved by the Workers’ Compensation Board. If you need stitches or X-rays right away, you don’t have to wait for a workers’ comp doctor to be available. Going straight to the emergency room shouldn’t impact your workers’ comp case.

Call A Seasoned Lawyer

A skilled lawyer can help you review your rights and recover the compensation you’re owed following a workplace injury. It can take several weeks to complete a claim, and investigative work may be necessary.

Calling immediately reduces the amount of time you’ll have to wait to recover your damages. Starting the process quickly also makes it easier to collect evidence and interview witnesses while the incident is still fresh in everyone’s minds.

The qualified New York State construction accident attorneys at Schwartzapfel Lawyers are ready to take your case. Call us now at 516-342-2200 for a free case evaluation.

What Are My Rights If I’m Injured On A Construction Site?

If injured at work or while in the performance of job-related duties, you have rights. To this end, your employer should have posted workplace safety regulations and labor rights posters in a conspicuous place to inform you of your rights. If they haven’t, they may be in violation of existing labor laws.

In this case, you would have the right to pursue a workers’ compensation or personal injury claim. And while workers’ compensation is the more common avenue of redress for injured workers in New York State, in certain instances a personal injury claim may be a better choice. This will depend largely on the facts surrounding your injury, as well as your personal situation and needs. Here and beyond, a skilled personal injury lawyer can assist in determining which route is best for you on your path to recovery — physically, emotionally, and financially.

You Cannot Be Harassed By Your Employer

Your ability to collect workers’ compensation or file a personal injury claim is protected by law. Your employer is not allowed to intimidate, threaten, or harass you for choosing to exercise your rights. An employer can’t threaten to fire you or retaliate against you in any way. If they do, they’re breaking the law.

And so, it is likely in your best interest to keep records of any conversations you have with your employer about the incident. Furthermore, you shouldn’t respond to your employer if you believe they may be threatening or intimidating you. Instead, contact the award-winning legal team of Schwartzapfel Lawyers by dialing 516-342-2200 and allowing us the honor and privilege of fighting for you!

Workers’ Compensation

Construction workers in New York State are required to be covered by workers’ compensation insurance. Workers’ compensation insurance provides financial aid during periods of time when an employee who was injured or became ill on the job can’t work.

Also worth noting, workers’ compensation in New York State is a no-fault system. No-fault means that workers can often collect workers’ compensation even if the injury was purely their own fault. As long as your injury happened at work or while in the performance of job-related duties, you may be entitled to file a claim and collect your compensation.

You must be evaluated by a workers’ compensation board doctor and file your claim within (30) days of being injured, or you may lose eligibility for workers’ compensation. You may have to continue to visit your workers’ compensation doctor and fill any prescriptions you receive through a workers’ compensation pharmacy.

Workers’ compensation will handle the majority of cases relating to employee injuries. In the event that you don’t have workers’ compensation insurance or you were injured under unique circumstances, you may be entitled to file a personal injury claim.

Personal Injury Claims

The majority of injured worker claims will be handled through workers’ compensation. Workers’ comp exists to protect employers and employees by providing financial assistance in the event of an injury. Workers’ compensation is meant to be used as an alternative to a personal injury claim, so using workers’ compensation typically means that you’re unable to file a personal injury claim.

In some cases, employees can file a personal injury claim against their employer following a workplace-related injury. If your employer violated the law by failing to provide workers’ compensation, if you were a subcontractor who wasn’t covered by workers’ compensation, or if your injury happened on your employer’s property outside of work duties or hours, you may be able to file a personal injury claim.

Schwartzapfel Lawyers will be able to provide you with detailed advice after we review your case. Furthermore, we’re able to effectively assist with both workers’ comp claims and personal injury claims. Call us now at 516-342-2200 to discuss your case and review your options. No matter your situation, we’ll help you find the best possible solution for your unique circumstances.

Getting The Help You Need When You’ve Been Injured

If you or a loved one has been injured at work or while in the performance of job-related duties, you need to act immediately. This is because you have (30) days to file a workers’ compensation claim and (90) days to file a personal injury claim. In the meantime, you’ll likely be losing income from your inability to work – all this as medical bills keep piling up. And so, the longer you wait, the more dire your situation may become.

At Schwartzapfel Lawyers, our skilled construction accident attorneys have more than (150) years of combined experience helping injured construction workers just like you. For a free consultation on your case, call us now at 516-342-2200 or visit us online today.

Don’t leave your future to chance. Act now and have Schwartzapfel Lawyers fight for you!

DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!


Schwartzapfel Lawyers, P.C. | Fighting For You

Construction Industry | Occupational Safety and Health Administration

Fatal and nonfatal falls, slips, and trips in the construction industry : The Economics Daily | United States Bureau of Labor Statistics

eTool : Construction – Electrical Incidents | Occupational Safety and Health Administration

Workplace Injuries – What to do When an Injury Happens | New York Workers’ Compensation Board

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