New York, NY (PRWEB) December 04, 2013
The construction industry is a very important industry in this country which employs a significant number of workers to construct everything from our nations’ buildings and roadways to bridges and sidewalks. There are a number of risks which come with working in the construction industry which are not present in other industries. If not all the safety codes are followed, equipment is not in top shape, or there is safety negligence - serious work related injuries will likely follow. In fact, the construction industry has the highest rate of fatalities of all occupations in the United States.
Because of the higher likelihood of injury associated with the construction industry along with the severity of injuries which do occur, there are some important things that anyone working in the construction industry may wish to know.
Seven Things You Should Know if You Work in the Construction Industry:
1) It is important to report any safety violations immediately. Safety violations can substantially increase the risk of injury on a construction site. Although the owners and contractors are responsible for safety violations, the workers safety is most at risk when these violations occur. Depending on who the injured worker is employed by, if there is a hazardous condition on the work site and the owner or general contractor was made reasonably aware of the issue are they could be subsequently held liable for resulting work related injuries. In the State of New York you cannot sue your employer but third parties can. Therefore, anyone working a construction job may want to take the responsibility to report every reasonable safety violation to ensure his or her safety.
2) If you are injured on the job in a construction site accident in the state of New York you may want to consider filing for New York workers compensation. To file a workers compensation claim, an injured worker must notify his or her employer of the accident within thirty days in writing. Additionally, the worker must file a claim with the Workers’ Compensation Board. According to the New York Statutes of Limitations a workers compensation claim must be filed within two years of the occurrence of the injury.
3) It is important to note that workers compensation covers workers injured in worker related accidents regardless of fault. Therefore, a mistake made by the worker which led to his or her injury should not preclude him or her from filing for workers compensation benefits.
4) If you sustain an injury as part of the job while working construction in the state of New York, in addition to filing for workers compensation benefits, you may be able to file a third party liability claim to recover damages for your injuries. Manufacturers of defective machinery and subcontractors can be sued even in light of workers compensation laws. A skilled New York personal injury attorney can advise you on whether or not a third party liability claim exists and how to proceed.
5) In the state of New York, there is a provision often called the ‘Scaffolding Law’ which allows the victim of certain types of construction site accidents to file a claim against the party or parties responsible for his or her injuries. Under this law, owners and contractors are responsible for providing necessary safety equipment and can be sued for damages if a work related injury results from scaffolding malfunctions, falls, or the like.
6) Unfortunately, some accidents which take place on the job at construction sites involve a fatality. Workers compensation does cover death benefits to surviving dependents. Additionally, in some circumstances a wrongful death claim can be filed to recover additional damages.
7) If you have been injured as a result of a construction site accident it may be in your best interest to consult an experienced attorney to help you file a workers compensation claim as well as other claims which may exist. Because construction site accident injuries can often result in substantial settlements, many time ranging in the seven figures, a skilled New York personal injury attorney can help you receive the settlement you deserve for your injuries.