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I Got Hurt Without A Hard Hat. What Are My Rights?

I Got Hurt Without A Hard Hat. What Are My Rights?

Hard hats are widely seen in construction sites and other workplaces with potential hazards, and they serve a crucial purpose: protecting your head from falling debris and other dangers. But what happens if you or a loved one is injured without a hard hat? Do you have rights?

Many New Yorkers don’t know their full range of legal options. If you want to know what to do next, keep reading. Alternatively, you can speak with a Schwartzapfel Lawyers workers’ comp attorney directly when you call 516-342-2200 or visit us online to schedule your free consultation today.

What Are The Hard Hat Laws For Worksites?

Hard hats are found at practically every construction worksite because of the Occupational Safety and Health Administration (OSHA). OSHA has two (2) specific regulations that focus on hard hat usage, those being:

Under both of these rules, construction workers must always wear hard hats if there is any risk of head injuries because of debris, falling tools and other falling objects, electric shocks, or fixed structures like beams or structural supports.

In essence, if there’s a chance that a construction worker could be injured from something falling on their head or from being electrocuted, they must wear a hard hat while they are in a hazardous situation or environment.

In addition to this, OSHA has specific regulations regarding hard hat construction and protective qualities. To this end, the American National Standards Institute has implemented safety standards since 1997 to meet OSHA regulations, ensuring that hard hats meet such standards as:

  • Adequate defense against electrical voltage
  • Adequate protection against hard debris impacts

Do You Have To Wear A Hard Hat?

In most cases, if you are on a construction site, you do have to wear a hard hat. And while exceptions exist, this is a widely recognized and generally adhered to requirement.

For example, when you arrive at a construction worksite to tackle a day of work, you need to put on a hard hat. This is true even if you don’t believe you’ll be directly beneath any tools, debris, instruction materials, or other possible hazards.

Note: If your employer does not require you to wear a hard hat, they are breaking the law and could be found liable for any injuries you sustained afterward. However, whether or not you can sue your employer is a bit more complicated.

To learn more now, call Schwartzapfel Lawyers at 516-342-2200 or visit us online today. One free phone call may wind up saving you miles of headache, heartache, and financial strain down the road, so don’t wait! Your future is too important to leave to chance. Act now and allow Schwartzapfel Lawyers the honor and privilege of fighting for you!

Should You Sue Your Employer Or Collect Workers’ Comp?

Before you rush to sue your employer for being injured without a hard hat, you’ll want to consider your full range of legal options. This is important because New York State does not allow you to collect workers’ compensation payments and sue your employer for the same injuries.

Imagine a scenario where you suffer a traumatic brain injury (TBI), such as a concussion, due to an accident while not wearing a hard hat.In most cases, you will likely wish to speak to experienced construction accident attorney as soon as possible. That’s because qualified attorneys will be able to break down things like:

  • The evidence required to build a strong case or file a successful workers’ compensation claim.
  • Whether your workers’ comp payments will likely be comparable to whatever you might receive in damages from a successful lawsuit
  • Steps you can take to minimize losses and maximize the likelihood of securing a favorable outcome
  • And more!

Many construction accident victims aren’t sure which path to choose. If that’s the case for you or someone you love, you can get in touch with Schwartzapfel Lawyers right away by dialing 516-342-2200 or visiting us online to schedule your free case evaluation.

Knowledgeable Attorneys Can Assist

Generally speaking, after any personal injury or construction-related accident, it’s a good idea to consult with an experienced law firm ASAP. The right construction accident attorneys can provide ample benefits to your case, including but not limited to:

  • Breaking down all legal options
  • Collecting evidence on your behalf while you recover in the hospital or at home
  • Presenting evidence in court and representing you successfully at trial
  • Providing effective legal counsel so that you can make the best choice for your family, finances, and future situation

All that to say, it’s rarely – if ever – a wise idea to pursue a legal matter without dedicated attorneys at your side. Even in instances where you believe that the evidence is clearly in your favor, if not properly presented, the case can always go the other way.

Experienced attorneys in construction accident cases in New York can maximize your damages and ensure you get financial compensation for:

  • Past and future medical bills
  • Pain and suffering or emotional distress
  • Lost income if you had to take time off work
  • Loss of ability
  • And more!

Contact Schwartzapfel Lawyers Today

For a specific breakdown of legal options as they relate to your case, please contact Schwartzapfel Lawyers at 516-342-2200 or visit us online to schedule your free case evaluation today.

Our knowledgeable attorneys can help you determine the best path forward for your unique needs. Additionally, we will fight to ensure that you receive all the money and benefits you are entitled to

That said, you shouldn’t wait. Your window to file a claim and recover financially may soon close forever. To keep that from happening, act now and call Schwartzapfel Lawyers today!

DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!


Schwartzapfel Lawyers, P.C. | Fighting For You

1926.100 – Head protection. | Occupational Safety and Health Administration

1910.135 – Head protection. | Occupational Safety and Health Administration

Negligence | Wex | US Law | LII / Legal Information Institute

Comparative negligence | Wex | US Law | LII / Legal Information Institute

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