The biggest safety issue on construction sites in Brooklyn revolves around falls from heights. Whether working on scaffolds, ladders, or elevated surfaces, construction workers face significant risks of injury or fatality if they fall. Factors contributing to this hazard include inadequate fall protection systems, improper use of personal protective equipment (PPE), and insufficient training on safe work practices.
With that said, if your fall was because of someone else’s negligence, you should speak with an experienced construction accident lawyer Brooklyn. Your attorney will assess your claim, prepare a legal battlefield strategy to hold the negligent parties liable, and fight to maximize your compensation.
High Incidence of Accidents Involving Falling from Heights at Brooklyn Construction Sites
Falls emerged as the predominant cause of construction-related fatalities in New York between 2007 and 2014. In fact, 58% of fatal injuries on construction sites, as reported by the New York City Health Department Bureau of Vital Statistics, were fall related. Within this category, 25% of fatalities resulted from scaffold-related falls, 16% from incidents involving ladders, and 11% from falls occurring on roofs.
Subsequently, in 2015, the New York Committee for Occupational Health and Safety highlighted that falls from elevated surfaces constituted a staggering 71% of all construction-related injuries. Construction accident lawyers in Brooklyn, NYC are aware of the statistics and can use it in your favor while establishing liability and proving damages.
In 2019, the BLS reported that falls, slips, and trips were the second leading cause of fatal work injuries in the United States, with 880 fatalities recorded nationwide. New York City, in particular, has seen efforts to address construction site safety, including increased inspections, enforcement of safety regulations, and initiatives such as Local Law 196, which mandates safety training requirements for construction workers.
Don’t hesitate to reach out to a construction accident attorney Brooklyn to increase your likelihood of obtaining maximum financial compensation.
Filing Legal Claims for Construction Site Injuries in Brooklyn, NYC
You may have legal recourse to pursue a personal injury claim after getting injured in a fall from height on a construction site. Resourceful Brooklyn, NYC construction accident attorneys will help you file a legal claim if the following reasons contributed to your accident:
Lack of Fall Protection
Failure to enforce adequate fall protection measures, such as guardrails, safety nets, and personal fall arrest systems, significantly increases the risk of falls from heights. Inadequate or improperly installed safety equipment leaves workers vulnerable to accidents.
Unsafe Work Practices
Non-compliance with safety protocols and regulations, such as working on unprotected edges or platforms, improper use of ladders or scaffolds, and disregarding safety warnings, can lead to falls from heights. Rushing through tasks or taking shortcuts without considering safety precautions increases the likelihood of accidents. You should retain the services of a construction accident law firm in Brooklyn, New York to establish liability and obtain maximum compensation.
Insufficient Training
Inadequate training on proper work procedures, equipment usage, and hazard recognition contributes to fall incidents. Workers may lack the knowledge and skills to safely navigate elevated surfaces, leading to errors and accidents.
Hazardous Working Conditions
Adverse weather conditions, slippery surfaces, unstable structures, and cluttered work areas create hazardous conditions that increase the risk of falls from heights. Failure to address these environmental factors exacerbates the danger to workers.
Poor Site Management
Ineffective supervision, inadequate communication among workers, and lack of coordination on construction sites can result in unsafe working conditions. A disorganized or chaotic work environment increases the likelihood of accidents, including falls from heights.
Equipment Malfunctions
Malfunctioning or poorly maintained equipment, such as defective scaffolding, ladders, or safety harnesses, poses a significant risk of falls from heights. Regular inspection and maintenance of equipment are essential to prevent accidents caused by mechanical failures.
Elevated Stress Levels
High-pressure work environments, tight deadlines, and demanding schedules can lead to stress and fatigue among workers. Fatigue impairs judgment and coordination, increasing the likelihood of accidents, including falls from heights. Construction accident lawyers in Brooklyn, New York will know how to connect workplace stress with your accident.
Lack of Safety Culture
A lack of emphasis on safety culture within construction companies can contribute to a disregard for safety practices and protocols. Companies that prioritize productivity over safety may inadvertently create conditions conducive to falls from heights.
OSHA Regulations for Construction Site Safety in Brooklyn, NY
Construction sites in New York are subject to stringent regulations set forth by the Occupational Safety and Health Administration (OSHA). Seasoned Brooklyn construction accident lawyers will assess your case and look for safety violations to strengthen your claim.
Fall Protection
- Falls are one of the leading causes of injuries and fatalities in the construction industry. OSHA’s fall protection standard (29 CFR 1926.501) requires employers to provide fall protection measures for workers engaged in tasks performed at heights of six feet or more. Your construction accident attorneys in Brooklyn, NYC can prepare a strong claim to negotiate with insurance companies.
- Fall protection methods may include guardrail systems, safety net systems, personal fall arrest systems (PFAS), or positioning device systems. This depends on the specific circumstances of the job. Consult a Brooklyn, NYC construction accident law firm to understand your legal options following a fall.
Scaffolding Safety
- OSHA’s scaffolding standards (29 CFR 1926.451) aim to ensure the safety of workers using scaffolds on construction sites. Brooklyn construction accident attorneys are aware that these standards outline requirements for scaffold design, construction, and use to prevent scaffold-related accidents.
- Employers must ensure that scaffolds are erected, dismantled, and maintained by qualified personnel following manufacturer’s instructions and OSHA regulations.
An established Brooklyn construction accident law firm will help you get the compensation you are entitled to move forward with your life.
Protection for Construction Workers Under New York’s Scaffold Law Strict Liability
Scaffold Law, also known as Labor Law Section 240, is a vital piece of legislation designed to protect construction workers from injuries sustained in falls from heights. The Scaffold Law is intended to hold property owners and contractors accountable for providing proper safety equipment and ensuring a safe working environment for construction workers who perform tasks at elevated heights.
It applies to construction, demolition, repair, alteration, painting, and cleaning work involving elevated surfaces such as scaffolds, ladders, and hoists. One of the key features of the Scaffold Law is its imposition of strict liability, meaning that property owners and contractors are held responsible for injuries resulting from gravity-related accidents, regardless of fault.
The Scaffold Law mandates that property owners and contractors provide adequate safety equipment, such as scaffolds, ladders, hoists, and other protective devices, to ensure the safety of workers performing tasks at elevated heights. Under the law, injured workers may pursue legal claims against property owners and contractors to recover compensation for damages incurred as a result of falls from heights.
Moreover, there are certain exceptions and defenses available to property owners and contractors. This makes it important to work with a top-rated construction accident law firm in Brooklyn, NYC.
Your Legal Options After a Fall on Brooklyn Construction Sites
Third-Party Liability Claims
In addition to workers’ compensation benefits, injured workers may have grounds to file a third-party liability claim against parties other than their employer who may be responsible for the accident. This could include contractors, subcontractors, property owners, equipment manufacturers, or other entities whose negligence or wrongdoing contributed to the fall.
Negligence Claims
Injured individuals may also pursue a negligence claim against parties whose careless or reckless actions caused or contributed to the fall. This could include failing to provide proper safety equipment, inadequate training, or failure to maintain a safe work environment.
Product Liability Claims
If a defective or malfunctioning piece of equipment, such as a scaffold, ladder, or safety harness, contributed to the fall, injured individuals may have grounds for a product liability claim against the manufacturer or distributor of the defective product.
Workers’ Compensation
In New York, most employers are required to carry workers’ compensation insurance, which provides benefits to employees who are injured on the job, including those injured in falls from heights. Workers’ compensation benefits typically cover medical expenses, lost wages, and disability benefits regardless of fault.
Why You Should Have a Proven Brooklyn, NYC Construction Accident Attorney on Your Side
While it may be tempting to handle your construction accident claim on your own, the risks far outweigh the potential benefits. You can level the playing field, protect your rights, and pursue full and fair compensation for your injuries and losses by enlisting the services of an experienced construction accident attorney.
Complex Legal Procedures
Construction accident claims involve detailed legal procedures and requirements, including filing deadlines, evidence gathering, and compliance with specific laws and regulations. Without Brooklyn, NYC construction accident lawyers, handling these challenges may result in procedural errors that could jeopardize your case.
Knowledge of Insurance Tactics
Insurance companies often employ tactics to minimize payouts or deny claims altogether. Without a thorough understanding of insurance practices and negotiation strategies, you may be at a disadvantage when dealing with insurance adjusters. Construction accident attorneys in Brooklyn, New York can advocate on your behalf and negotiate with insurance companies to ensure you receive fair compensation for your damages.
Access to Resources and Experts
Construction accident cases may require the expertise of various professionals, including medical experts, accident reconstruction specialists, and vocational rehabilitation experts. A leading construction accident law firm Brooklyn will have access to a network of resources and professionals who can provide valuable support and assistance in building a strong case on your behalf.
Our Brooklyn, New York Construction Accident Lawyers Can Maximize Your Claim for Injuries
If you have suffered injuries in a construction site accident in Brooklyn, don’t delay acquiring the compensation. At Rosenberg, Minc, Falkoff & Wolff, LLP, our experienced team of construction accident lawyers Brooklyn, NY is ready to fight for your rights.
We recently obtained $7.5 million for an injured construction worker who fell from a scaffold while operating a machine to spray insulation, despite the insurance company’s attempts to shift blame, reaffirming our commitment to our clients as part of our family.
To schedule your free consultation, call us at 212-344-1000 or fill out this online contact form.