Working on a construction site can be very dangerous, as it involves a lot of heights and hazardous tools. That is why it is so important for construction companies and organizations to follow strict protocols. These laws protect the rights and safety of their employees! OSHA, or the Occupational Safety and Health Administration, outlines these protocols and enforces standards that businesses and companies must follow. However, not everyone plays by the rules. If you have been injured or someone you love has passed away as a result of a safety violation, you may be entitled to compensation. Queens construction accident attorneys like those at Shaevitz & Shaevitz will aid you on your journey to justice and provide legal advice!
Common OSHA Violations in a Construction Accident
OSHA establishes and enforces safety standards to protect employees in America. When a company, organization, or employee does not act within these standards, dangerous accidents can occur. Common OSHA violations at a construction site include:
Fall protection: Workers must have adequate fall protection at heights of 6 feet or more. This includes necessities such as guardrail systems, safety net systems, and personal fall arrest systems. If a construction organization or company fails to provide these protections, it violates an OSHA standard.- Unsafe scaffolding: All scaffolding used on a construction site must hold its own weight and support 4 times its intended maximum load. If any part of the scaffolding fails, it could have disastrous consequences. The scaffolding platforms must also be fully planked, have guardrail supports, and be the correct width.
- Personal protective equipment: PPE, also known as personal protective equipment, is anything a worker needs for safety. This includes items such as hard hats, eye and face protection, safety footwear, hearing protection, and more! PPE violations can cause injury or death in any workplace, though, especially on a construction site.
- Improper ladder maintenance: All ladders must be regularly inspected and properly maintained. If a company or organization fails to do so or uses a defective ladder, serious injury or death may occur.
If you suffer a serious injury due to a safety violation, you deserve justice. The construction accident attorneys at Shaevitz & Shaevitz will represent you in court or settlement negotiations, helping you to seek fair compensation!
How Queens Construction Accident Attorneys Help Your Case
Having an experienced attorney on your side can be critical for acquiring justice in a construction accident case. With their extensive legal knowledge, our attorneys will evaluate your case and determine your best course of action. They will develop a strategy specific to your needs and provide legal advice.
First, they will gather evidence by compiling witness statements, any photos from the accident scene, and the names of anyone involved. They will also document any medical bills resulting from the construction accident, using them to support your claim!
In some cases, our attorneys will need to prove the negligence of another party. If you or a loved one has been injured at a construction site, the owner or contractor can be held liable. However, construction accidents that involve falls or falling objects can impose strict liability on property owners and contractors (if proper safety measures weren’t in place). In many cases, falling-related construction accidents may not require proving negligence in the same way.
Workers’ compensation cases operate under New York State’s no-fault system. If your claim is accepted, you may be eligible for no-fault benefits that cover fees like medical bills or a portion of lost wages, regardless of fault. Additional compensation, such as pain and suffering, doesn’t fall under these benefits and requires a separate lawsuit in which our attorneys need to prove that another party is legally responsible.
Additionally, our construction accident attorneys will speak with the insurance agency on your behalf. Most insurance agents aim to provide the least amount of compensation possible, using the words you say against you. Our experienced staff can negotiate with your insurance company on your behalf, fighting for the maximum compensation!
Filing a Workers’ Compensation Claim
In New York State, most businesses must have workers’ compensation insurance policies in case of a workplace accident. These companies must also post this information in an accessible place. The benefits of a workers’ compensation claim include:
- Medical coverage: Worker’s compensation covers any necessary medical care you receive due to a workplace injury or illness. This includes doctor visits and hospital stays.
- Loss of wages: After injury or illness due to a workplace accident, you may be out of work for an extended period. Fortunately, workers’ compensation benefits cover a portion of your lost wages.
- Disability benefits: If your workplace accident has rendered you disabled, you may be entitled to disability benefits, depending on the extent of your disability and your claim.
- Rehabilitation benefits: If you are in need of rehabilitation due to a workplace accident, you can receive workers’ compensation that may cover the costs.
- Death benefits: In the case where you have lost a loved one due to a fatal accident at their place of work, eligible dependents may receive death benefits that may cover funeral expenses.
If you work in construction and suffer injury due to a workplace accident or OSHA violation, you deserve fair compensation!
Let Queens Construction Accident Attorneys Protect Your Workers’ Rights!
Construction workers face hazardous tasks, as is the nature of their job, but they still deserve to feel safe at work. As an employee in the United States of America, you have the right to safety, which employers must respect. If you suffer an injury due to a construction accident, trust a Queens construction accident attorney like those at Shaevitz & Shaevitz! Schedule a free consultation today to learn more about how we can serve you.
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