In the vibrant city of Rochester, New York, construction is an essential industry that bolsters the local economy and provides jobs for countless residents. However, like all dynamic industries, construction has its share of inherent risks. Every year, numerous construction workers sustain injuries on the job, often through no fault of their own. If you or a loved one has been injured in a construction accident, understanding your rights and the legal avenues available to you is crucial. Contact a dedicated Rochester construction accident lawyer from Lacy Katzen LLP for a free initial consultation.
Construction Accident Lawyer | Representing Injured Construction Workers
A construction accident can have a devastating impact on all those involved. If you’ve sustained an injury while on the job as a construction worker, reach out to a competent Rochester personal injury lawyer from our firm for guidance. We are here to fight for the full and fair compensation to which you are entitled.
Common Types of Construction Accident Injuries
While accidents can manifest in countless ways, some injuries are more prevalent than others. Common injuries sustained in construction accidents include:
- Falls: From elevated surfaces or due to tripping hazards, falls can lead to serious injuries like fractures, traumatic brain injuries, or spinal injuries.
- Struck-by-Object: Falling objects or swinging equipment can lead to crush injuries or trauma.
- Electrocutions: Exposure to live wires or equipment malfunction can cause serious burns or fatal shocks.
- Caught-in/Between: Workers can get caught in or between machinery, leading to crush injuries, amputations, or fatalities.
Common Causes of Construction Accidents
Some of the most common causes and types of construction accidents that we see are as follows:
- Lack of Protective Equipment: Inadequate or missing safety gear can increase the risk of injuries.
- Poor Training: Insufficient training can lead to avoidable accidents.
- Unsafe Work Sites: A lack of proper safety protocols or untidy sites can heighten risks.
- Electrical Malfunctions: Exposed wiring and faulty equipment pose significant dangers.
- Machinery Malfunctions: Equipment breakdowns or malfunctions can be catastrophic.
- Falls from Heights: Inadequate fall protection can lead to dangerous plunges.
- Communication Breakdown: Lack of clear communication can result in avoidable mishaps.
- Exposure to Harmful Substances: Without proper precautions, workers can be exposed to toxic chemicals or materials.
Workers’ Compensation vs. Third-Party Claims
In New York, when a construction worker is injured on the job, they might be eligible for workers’ compensation. This no-fault insurance system provides benefits like medical care and wage replacement, irrespective of who caused the accident. However, the compensation might not cover all expenses, especially if the injury is severe.
On the other hand, third-party claims arise when someone other than the employer, such as a subcontractor, equipment manufacturer, or property owner, is at fault for the accident. In these cases, the injured party can pursue a lawsuit against the third party to claim additional damages, such as pain and suffering or loss of future earnings.
Timeline for Filing a Workers’ Comp Claim in New York
In the aftermath of an injury, time is of the essence. In New York, you are required to do the following:
- Notify Your Employer Promptly: The injured worker must inform their employer about the injury within 30 days of the accident. This notification can be verbal, but it’s advisable to do it in writing for record-keeping.
- File Your Claim On Time: The injured worker has two years from the date of the injury to file a workers’ compensation claim.
Failing to adhere to these timelines can jeopardize your ability to receive compensation.
Contact a Construction Accident Lawyer in Rochester Today
In Rochester, NY, where construction is an integral part of the cityscape, safety on the job site is paramount. When safety protocols are violated, devastating accidents can occur. If you or a loved one has been injured in a construction accident, contact a lawyer from our Rochester firm today. Our consultations are free.
