Construction sites can be dangerous places to work. Unfortunately, it is all too common for a construction worker to sustain a catastrophic injury as a result of workplace hazards, while other common construction site injuries are caused by heavy lifting and other strenuous repetitive tasks performed on the job. As a result, construction work injuries are often the basis for workers’ compensation claims in New York State.
Common Construction Site Injuries
Workers’ compensation for an injured construction worker includes both lost wages and medical benefits. The most common construction injuries occur following a one-time accident at work, often involving strenuous physical activity, heavy machinery, and hazardous conditions. These include:
Falls from heights
Such as falls from ladders, scaffolding, or rooftops.
Machinery accidents
Incidents involving power tools or heavy equipment.
Falling objects
Injuries resulting from tools, debris, or materials falling from above.
The attorneys at Lewis & Lewis have successfully litigated claims for conditions that developed over time as well. Some common injuries that occur over time include:
Heavy lifting injuries
Strains and sprains caused by lifting heavy materials over time.
Repetitive stress injuries
Conditions like carpal tunnel syndrome from repeated tasks such as gripping, lifting, or awkward positioning.
We successfully represented a union electrician who developed carpal tunnel due to the repetitive nature of his work, frequently involving gripping of his hands. Another successful claim involved a cabinet maker who developed severe nerve compression in his neck due to strained positioning and heavy lifting over a long career.
Third-Party Construction Site Injuries and Claims
In addition to workers’ compensation, injured construction workers may be entitled to bring a third-party action against another person or entity. This is commonly known as a personal injury claim. It can arise when someone other than your employer or coworker is negligent and causes your injuries. For an injured construction worker, a third party claim may also be considered if the property owner or general contractor fails to keep you safe. These claims arise under sections 240 and 241 of the Labor Law. Most owners of one or two-family dwellings are exempt from these claims.
Section 240 of the Labor Law is commonly known as the “scaffold law.” Under this law, the owner and/or general contractor is required to give ”proper protection” to workers engaged in the “erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure” or related tasks. Generally, this means that safety devices—such as ladders, scaffolds, hoists, and pulleys—must be provided to prevent injury. This law provides for strict liability, meaning that the burden on the general contractor and/or owner to protect the worker is absolute; even if the worker’s actions contributed to the injury, it likely does not matter. Injuries due to gravity or falling from a height are common in these construction accidents.
Owners and general contractors are also responsible under section 241 of the Labor Law to protect workers by following the New York State rules and regulations for construction site safety. Failure to do so may also result in a third-party claim.
Contact an Attorney
If you have been injured on a construction site, contact Lewis & Lewis, P.C. We’ll help you handle your workers’ compensation claim and will conduct an investigation to see if third-party action is necessary. Reach out today to schedule a consultation.
