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言語
Speed isn’t the only concern at NYC construction sites. New Yorkers speak over 800 different languages. This linguistic and ethnic diversity is a very good thing, but at construction sites, it could lead to dangerous situations. If workers don’t understand instructions, including safety instructions, in a language they understand, accidents will occur.
These victims usually have multiple legal options, and a ニューヨークの人身傷害弁護士 explains these options in a language victims understand, not Legalese. We have numerous native speakers in our offices who can effectively communicate the legal process throughout a claim.
Common Construction Accidents
Dangerous worksite conditions often cause trauma injuries like:
- Fall: A fall from as little as four stories above ground is usually fatal. These injuries are also easy to prevent. Safety harnesses and reinforced scaffolding wire would practically eliminate falls. But many sites aren’t willing to take even these simple precautions.
- Electrocution: Sometimes, electrocution injuries overlap with falls. The arc blast propels victims through the air. Other times, the power surge causes an involuntary muscle contraction (the no-let-go response), extending contact with heat that’s hotter than the surface temperature of the sun.
- Caught Between: In 2023, two JFK Airport workers were killed when a construction trench collapsed. It wasn’t an isolated incident. Fatal trench collapse accidents reached an all-time high in 2022.
- Struck By: Motor vehicle crashes are one of the most common construction accidents. Many times, workers with little or no experience operate huge vehicles with poor sight lines at busy construction sites.
Occupational diseases also affect construction workers.
労働者災害補償の基本
The duty to file begins after, not before, victims are fully aware of all their injuries and they connect those injuries to a negligent party, like an employer.
In the Grand Bargain that created workers’ compensation, employer provided a no-fault job injury compensation system that paid:
- 医療費: By law, the insurance company must pay all reasonably necessary medical bills, from the first moment of emergency care to the last day of physical therapy. Workers’ compensation also covers prescription drugs and other ancillary costs.
- 失われた賃金: Most victims receive two-thirds of their average weekly wage for the duration of their temporary or permanent disabilities. The AWW must account for regular cash compensation and irregular or non-cash compensation, such as lost overtime opportunities and 401(k) matching.
Construction Accidents in Civil Court
To obtain compensation, injured bystanders, mostly non-workers hurt in motor vehicle crashes, must prove the business was negligent. Basically, negligence is a lack of care. Most businesses have a duty of reasonable care. They must create safe spaces and ensure that these spaces remain safe.
Additionally, a New York 人身傷害弁護士 must prove actual or constructive knowledge of the hazard (should have known) by a preponderance of the evidence (more likely than not).
Sometimes, civil claims and workers’ compensation claims overlap. Many injured workers can sue outside the workers’ compensation system and obtain additional compensation for their noneconomic losses, such as pain and suffering.
Injured construction workers, and injured bystanders, have legal options. For a free consultation with an ニューヨークで経験豊富な人身傷害弁護士, contact Napoli Shkolnik. There are no upfront legal fees, and we only recover a fee when we win your case.