New York City, one of the largest and most diverse cities in the nation, is famous for its historic buildings, expansive skyscrapers, and beautiful bridges. However, those who are tasked with the upkeep of the city, from ironworkers to carpenters, are often overlooked. This is especially true when it comes to workplace safety.
If you or someone you know was injured in a New York City construction zone accident, you should know that a New York City construction accident lawyer at Glugeth & Pierguidi, P.C., is here to help. At Glugeth & Pierguidi, our compassionate advocates are available to guide you through the legal process from start to finish. Our team has the tools and experience needed to deal with these oftentimes complex cases.
Below, this article will discuss New York City construction zone accidents, construction zone workplace safety, and why you may need a lawyer for construction accidents in New York City.
New York City Construction Zone Accident Statistics
New York City can be a relatively dangerous place to work in construction. According to the New York Committee for Occupational Safety and Health, the fatality rate in New York City is above the national average for construction site deaths. This statistic is disheartening, as many workplace accidents are and were preventable.
A New York Times reporter who was investigating construction zone accidents pointed out that there are too few inspectors and fines are often too small to incentivize compliance with safety regulations.
In 2021 alone, the New York City Department of Buildings reported a staggering 505 construction-related accidents within the five boroughs. In addition to these injuries, nine people were reported to have been killed due to a construction zone accident that year.
Common Types of Construction Zone Accidents
Construction zone accidents can happen in a number of ways. However, some of the more common accidents include:
- Construction site car accidents,
- Crane accidents,
- Demolition accidents,
- Accidents caused by defective equipment,
- Hoist accidents,
- Scaffolding accidents,
- Trench collapse accidents,
- Forklift accidents,
- Window washing accidents,
- Site debris accidents, and
- Welding accidents.
If you were injured in one of the above or another type of accident, we recommend that you reach out to an NYC construction accident lawyer as soon as possible.
Construction Jobs with a High Risk for Accidents
While every type of construction job carries some level of risk, there are some jobs that are riskier than others. Some of the riskier professions include:
- Crane operators,
- Maintenance workers,
- Sheet metal workers,
- Tunnel workers,
- Roofers,
- Ironworkers,
- Forklift operators,
- Electricians,
- Welders,
- Pipefitters,
- Plumbers, and
- Window washers.
These are just a few high-risk jobs in the New York City construction industry.
Common Causes of Fatal Construction Accidents
The construction industry is fraught with hazards, making it one of the most dangerous sectors for workers. Understanding the causes of fatal accidents is essential for prevention and ensuring workplace safety. At Glugeth & Pierguidi, P.C., we’ve seen firsthand the devastating impact of deadly construction accidents on families and communities. Here are some of the primary construction accident causes in New York:
- Falls from heights. One of the primary causes of fatal accidents is falls, which can occur from scaffolding, roofs, ladders, or any other elevated work area lacking proper fall protection.
- Struck-by incidents. Workers are at risk of being struck by moving vehicles, equipment, or falling objects, leading to severe injuries or death.
- Electrocutions. Exposure to live electrical wires and components is a significant risk, especially when safety protocols are not strictly followed.
- Caught-in or between incidents. Fatalities can occur when someone is caught in or crushed by equipment, between moving objects, or trapped under collapsed structures.
- Failure to use protective gear. Lack of proper personal protective equipment (PPE) can turn minor incidents into fatal accidents.
- Lack of safety training. Inadequate training on safety practices and emergency procedures can lead to fatal outcomes in high-risk situations.
At Glugeth & Pierguidi, P.C., our commitment extends beyond seeking justice for victims. We advocate for improved safety standards and practices within the construction industry to prevent future tragedies. If you have lost a loved one in a construction accident, our compassionate and experienced attorneys are here to guide you through the legal process of seeking compensation and closure.
Who Can Be Liable for a Construction Accident?
Identifying all potentially liable parties is crucial—not only to ensure the correction of any hazardous conditions but also to explore compensation avenues beyond workers’ compensation. Such investigations can uncover multiple entities whose negligence may have contributed to the incident, paving the way for a third-party injury claim. This investigation can be instrumental in securing compensation for pain, suffering, and other noneconomic damages.
At Glugeth & Pierguidi, P.C., your dedicated New York City construction accident lawyer meticulously investigates each case to pinpoint potentially liable parties. Examples may include:
- At-fault drivers. Construction workers often suffer car accidents while commuting between sites or conducting work-related errands. Workers can pursue a personal injury lawsuit if injured by an at-fault driver.
- Contractors and subcontractors. Many construction sites operate under the oversight of various contractors who may not directly employ the worker. These entities can be held accountable if their failure to enforce safety standards or adhere to proper protocols contributed to the accident.
- Property owners. Construction site owners could be liable if their negligence, lack of hazard disclosure, or direct control over the work led to the accident.
- Equipment providers. Manufacturers and suppliers of construction equipment and materials may also be liable, especially if defective products, improper assembly, or inadequate warnings and instructions cause construction accident injuries.
Understanding and navigating the complexities of third-party liability in construction accidents underscores the necessity of having experienced legal representation.
What Types of Damages Am I Entitled To?
After a construction zone accident, you are generally entitled to sue the at-fault party for the damages you incurred as a result of the accident. These damages are broken up into three categories: economic damages, noneconomic damages, and punitive damages.
Economic Damages
Economic damages, also referred to as pecuniary damages, compensate you for monetary losses caused by your injury. Some examples of costs that can be recovered through economic damages include:
- Emergency room bills,
- Ambulance bills,
- Doctor’s visit costs,
- Costs of treatment for any injuries,
- Lost wages,
- Medication costs,
- Costs of future care, and
- Costs of any damage to property owned by the plaintiff.
These are just a few of the different types of losses you might be able to recover compensation for after a construction zone accident.
Noneconomic Damages
Noneconomic damages, also called non-pecuniary damages, compensate you for losses that are a bit harder to quantify in terms of monetary value. These damages compensate you for the emotional and psychological harm your injury has caused. Noneconomic damages include the following:
- Pain and suffering,
- Emotional distress,
- Loss of consortium,
- Loss of enjoyment of life, and
- Permanent or temporary disfigurement.
As you can see, these losses are highly personal and subjective, which is why it can be hard to put a value on them. But, an experienced New York City construction accident attorney can make sure that your noneconomic damages are accurately calculated.
Punitive Damages
Although they are rare, punitive damages are sometimes awarded to a plaintiff. Punitive damages are a bit different from the above two types of damages because they are not intended to compensate the victim. They are actually intended to punish the at-fault party. So, in order to collect punitive damages, your attorney will generally have to show that the at-fault party was extremely reckless or that their conduct was malicious.
Can Construction Workers Sue After A Construction Zone Accident?
New York has special labor laws that allow construction workers to sue after they have been injured at work. For example, New York Labor Law Section 200 imposes a duty on employers to protect the health and safety of their employees.
Further, the statute clearly states that all “machinery, equipment, and devices… shall be so placed, operated, guarded, and lighted as to provide reasonable and adequate protection to all such persons.”
Employers have a duty to remedy any hazardous conditions promptly and provide adequate warnings about potential dangers not yet addressed. So, for example, if you were injured due to your employer’s failure to provide a safe work environment around construction equipment, you would have a right to seek compensation.
In addition to Labor Law Section 200, New York has special laws related to scaffolding.
New York Labor Law Section 240, famously known as the Scaffolding Law, imposes strict requirements to ensure the safety of workers operating at heights. This law includes mandates that:
- Scaffolding over 20 feet high must be equipped with a safety rail at least 34 inches tall, encircling all sides to prevent falls;
- Openings in the safety railing must be minimal, only as necessary for the delivery of materials;
- The structure must support four times the maximum anticipated weight, ensuring robust stability; and
- Scaffolding must be securely fastened to prevent any dangerous swaying.
The significance of Section 240 lies in its provision for strict liability. It means that in an accident, showing a violation of these specific safety standards may entitle a worker to financial compensation without the need to prove negligence on the part of the site owner or contractor.
How can Glugeth & Pierguidi, P.C., Help You?
At Glugeth & Pierguidi, P.C., we treat our clients like family. We understand the emotional, physical, and financial stress that a construction zone accident can cause, and we are here to help you pursue the justice and compensation that you deserve.
If your financial situation is holding you back from hiring a New York City construction accidetn attorney, we want you to know that at Glugeth & Pierguidi, we work on a contingency basis in construction zone accident cases. That means you do not have to pay us until you get compensation. Reach out to us today to schedule a free consultation.
