Legal Options for Victims of Construction Site Falls

Did you or a loved one sustain injuries from a fall at a construction site?

Construction sites are dangerous places. The construction industry continues to experience falls from heights as one of its most frequent and severe accident types.

Recovering from a fall brings overwhelming consequences including injuries treatment, accumulating medical costs, and work absences. A lot of injured victims remain unaware that they can pursue legal actions besides workers’ compensation claims.

Working with a construction accident lawyer in New York City can help you navigate the complicated legal landscape and ensure you receive the compensation you deserve for your injuries, lost wages, and pain and suffering.

We will discuss crucial information for individuals who have experienced a construction site fall.

What You’ll Discover:

1. Construction Fall Statistics You Should Know
2. Understanding Your Legal Rights After a Fall
3. Types of Compensation Available to Victims
4. Who Can Be Held Liable for Construction Falls
5. Steps to Take After a Construction Site Fall
6. How a Construction Accident Lawyer Can Help

Construction Fall Statistics You Should Know

Construction sites stand out as dangerous workplaces because statistical data reveals a grim reality.

The construction industry documented 1,075 deaths in 2023 which represented the greatest number of fatalities since 2011. The combined incidents of falls, slips and trips resulted in 39.2% of all construction-related deaths which totals 421 fatalities according to recent data.

Falls from heights are a significant issue: The construction industry has recorded 300 fatal and 20,000 nonfatal fall-related injuries among its workers every year since 2013. Falls from elevation accounted for roughly 81% of all deadly slips and trips during 2022.

The construction industry led all private sectors with workplace fatalities in 2023 accounting for one in five deaths. These statistics stress the necessity for victims to have substantial legal protection.

Understanding Your Legal Rights After a Fall

Construction site fall victims possess legal rights that surpass what many workers understand.

Here’s the truth about your options:

Workers’ Compensation

The majority of workers injured on the job understand workers’ compensation benefits that generally provide support for:

• Medical expenses related to your injury
• Employees receive compensation for lost wages during their recovery period.
• Disability benefits exist to support you when returning to your former position is no longer possible.

But here’s what many don’t realize…

Workers’ compensation benefits frequently represent only the initial phase of possible compensation claims. The coverage provided by these benefits might not fulfill all your financial needs or address your physical distress.

Third-Party Liability Claims

Workers’ compensation claims do not require fault determination unlike third-party claims which need evidence of another party’s negligence causing your accident.

A third-party lawsuit may be justified if your fall resulted from:

• Defective equipment from a manufacturer
• A subcontractor’s carelessness on the job site caused the accident
• Property owner’s failure to maintain safe conditions
• Architect or engineer’s design flaws

The key difference? Workers’ comp doesn’t cover damages like pain and suffering along with full lost wages or loss of future earning potential which third-party claims can address.

Types of Compensation Available to Victims

Victims of construction site falls can receive different compensation types which depend on the specific situation.

Medical Expenses

This coverage includes all necessary medical costs that arise from your injury.

• Emergency room visits
• Hospital stays and surgeries
• Physical therapy and prescription medications

Lost Wages and Earning Capacity

You can receive compensation for lost wages if your injuries stop you from working.

• Wages lost during recovery
• When your injuries make it impossible to resume your former occupation you will experience decreased earning potential.
• You can receive compensation for job retraining expenses when you need to switch professions.

Pain and Suffering

Personal injury claims provide compensation for factors that workers’ compensation excludes.

• Physical pain and discomfort
• Emotional and psychological distress
• Loss of enjoyment of life

Wrongful Death Benefits

The family of a victim who died from a construction fall can receive certain benefits.

• Funeral and burial expenses
• Loss of financial support and companionship

Who Can Be Held Liable for Construction Falls

Several parties can be responsible for construction site falls.

Property Owners

• Maintain control over the premises
• Are aware of dangerous conditions
• Fail to warn workers about known hazards

General Contractors

• Ensuring OSHA compliance across the project
• Coordinating safety between different subcontractors
• Providing appropriate safety equipment and training

Equipment Manufacturers

• Defectively designed scaffolding, ladders, or safety harnesses
• Inadequate warnings about product limitations

Architects and Engineers

• Designs lack required safety features
• Construction plans violate building codes

Liability determination involves examining accident details along with contract terms between involved parties and applicable safety rules.

Steps to Take After a Construction Site Fall

The steps you follow right after a construction site fall are crucial to your chances of obtaining compensation. Here’s what you should do:

Seek Medical Attention Immediately

• Delay in symptom appearance can characterize some serious injuries.
• Medical documentation demonstrates the connection between your accident and your injuries.

Report the Accident

• Inform your supervisor or employer about the incident without delay
• File a complete incident report with all necessary information.

Document Everything

• Capture photographs of both the accident site and surrounding dangerous conditions.
• Get contact information from witnesses
• Maintain a written record of your injury details and healing progress

Contact a Construction Accident Lawyer

• Most offer free initial consultations
• A lawyer can assess how strong your case stands.
• Prompt legal assistance enables better evidence preservation.

How a Construction Accident Lawyer Can Help

The outcome of your legal case can greatly benefit from the specialized expertise of a construction accident lawyer. Here’s how they can assist you:

Investigate Your Accident

A capable attorney will perform an extensive investigation into your case.

• Interview witnesses while memories are fresh
• Obtain surveillance footage before it’s deleted
• Consult with construction safety experts
• Review OSHA reports and violations

Handle Insurance Companies

Dealing with insurance companies can be challenging:

• Insurance companies use teams of adjusters and lawyers to guard their interests.
• Insurance companies could reduce the amount of your claim or refuse to accept it altogether.
• Your lawyer will manage every communication and negotiation process.
• These experts know how insurance companies operate and how to effectively respond to their tactics.

Calculate Full Damages

Numerous victims fail to recognize the complete worth of their claim.

• Attorneys collaborate with medical experts to estimate future medical treatment requirements.
• They consider long-term implications of permanent injuries
• These professionals specialize in calculating intangible losses including pain and suffering
• They will include every potential damage in your claim.

Navigate Complex Laws

Construction accident cases involve complicated legal principles:

• Workers’ compensation laws vary by state
• Statutes of limitations set the maximum time period during which you must file a legal claim.
• Labor laws may provide additional protections
• Your legal representative makes sure every filing deadline is met.

Working with an appropriate lawyer reduces stress during legal proceedings and usually achieves improved outcomes compared to what victims could obtain by themselves.

The Bottom Line on Construction Fall Injuries

Construction site falls result in devastating outcomes yet you have support available to handle the consequences. Remember these important points:

• The main reason for deaths on construction sites remains falls which result in more than 400 deaths each year.
• Your situation might allow you to pursue legal options beyond workers’ compensation benefits.
• The responsibility for your accident could be distributed among several parties.
• The steps you take right after your fall play a crucial role in your case.
• By hiring a specialized attorney your probability of receiving fair compensation greatly increases.

When you suffer an injury at a construction site due to a fall, you should promptly seek medical care and legal assistance. Immediate action increases your likelihood of protecting your rights as well as receiving deserved compensation for your injuries and losses.

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