Why Do You Need a Construction Site Accident Lawyer?

Over the years, workers’ compensation benefits have declined significantly, mostly because insurance premiums have declined significantly. Less money in the system means it’s very difficult for an injured worker to get a fair-sized piece of a shrinking financial pie.

Therefore, a New York job injury lawyer is an important partner in a construction site accident claim. Lawyers thoroughly prepare these cases and strongly advocate for job injury victims so they can get back to work as quickly as possible. Additionally, in some cases, a New York job injury lawyer may be able to file a civil injury claim, so they can obtain additional financial benefits. Only a lawyer can give such legal advice to victims.

Construction Site Injuries

Construction sites aren’t nearly as dangerous today as they were a generation ago, thanks in large part to New York’s controversial scaffolding law.

Under this law, victims who get hurt on unsafe scaffolds are entitled to compensation for their economic losses, such as medical bills, and noneconomic losses, such as pain and suffering, as a matter of law. The threat of such an action forces many construction companies to take worker well-being more seriously.

According to the Occupational Safety and Health Administration, the four worst trauma injuries at construction sites (the Fatal Four) are:

• Electrocution: Construction workers are some of the most skilled workers in New York. However, not all are electricians. So, it’s very difficult to tell the difference between a live wire and a dead one. That’s especially true if a warning sign is printed in a language the worker doesn’t easily understand.

• Struck By: Even small objects dropped from high places have a tremendous amount of force.

• Caught Between Pedestrian accidents are common on busy street corners in New York. They’re even more common at busy construction sites. Large commercial vehicles have poor sight lines, and busy workers may not always stop and look both ways.

• Falls: These injuries are, by far, the most serious and common construction site injuries. We mentioned unsafe scaffolding falls above. Workers’ compensation usually applies to all other job-related falls, such as a slip-and-fall on a wet spot or a fall from a construction platform.

These injuries may be preventable. For example, fall arrest equipment prevents almost all fall injuries, and bright-colored work clothes prevent most caught-between injuries. Employers have a legal duty to provide such protection.

Occupational diseases, like hearing loss and repetitive stress injuries, are also common at construction sites. Many of these sites are loud enough to damage hearing, but not loud enough to trigger mandatory OSHA hearing protection rules. As for repetitive stress injuries, there’s only so much bending, kneeling, stooping, and lifting that the human body can endure.

The Workers’ Compensation Process Over the years, job injury benefits have gone down, and the initial claims denial rate has gone up. Insurance companies have much more influence over the workers’ compensation process. It’s now to the point that it’s unrealistic to expect an initial approval.

This denial doesn’t mean your job injury claim is meritless or weak. Instead, the opposite is true. This denial is your gateway to maximum benefits.

A workers’ compensation denial clears the way for a New York job injury lawyer to demand an appeal hearing. An Administrative Law Judge (ALJ) oversees this hearing, and, much like a regular judge, can consider legal arguments and allow attorneys to introduce and challenge evidence. These things are impossible at an initial Claims Examiner review.

Job injury victims are entitled to substantial compensation. For a free consultation with an experienced workers’ compensation attorney in New York, contact Napoli Shkolnik.