Construction Site Accidents and Injuries
Law Articles | April 9, 2008
Get legal advice immediately if you or a loved one have a construction site accident. Because these accidents involve complex issues and an assortment of possible defendants, there must be a thorough investigation of the construction site, interviews of co-workers and witnesses, and, possibly, taking of photographs. This must be done fast, fast, fast - sometimes even while the injured worker is still in the hospital.
A. Overview
Construction projects can be dangerous places to work. Tools and materials get tossed around. Large, heavy objects are moved from place to place. Great forces are unleashed; chemicals are used. Torches and flame and pressure may be applied. Injuries
…show more content…
Whether you're a mason or carpenter, electrician or laborer, iron worker or painter, you can not sue your employer if you're injured. The injured worker can only receive Worker's Compensation, which is guaranteed, but tends to pay a small amount of money for lost wages and other benefits and is usually limited in the amount of time that it will pay the hurt claimant. The only way around New York's Worker's Compensation law is to sue a person or company that is not the injured person's employer - not a simple matter. This requires figuring out who did what, where, at the job …show more content…
This usually is found where a worker ignores safety instructions or fails to utilize available safety equipment, when he or she should have known better.
A Labor Law section 240 claim was dismissed where the injured worker was provided with proper safety equipment and told how to use it safely, but was injured because he disregarded his supervisor's instructions and misused the equipment. (Mayancela v. Almat Realty Development, LLC).
The effect of the defenses of "sole proximate cause" and "recalcitrant worker" is to chip away at the protections provided by law to New York workers.
C. Conclusion
If you're hurt in an accident, consult a personal injury or accident attorney experienced in construction site and work-related injuries. Because of the complex issues and assortment of possible defendants, there must be a thorough investigation of the construction site, interviews of co-workers and witnesses, and, possibly, taking of photographs. This must be done fast, fast, fast - sometimes even while the injured worker is still in the
Mr. Maxwell on October 8, 2000, suffered an on the job injury that results in workers compensation claim for injury. During the time of injury, Mr. Maxwell was unable to work and collected income from the claim. The defendant Mr. Maxwell wanted to work and had a loyal history of working on time at The Bay State Paper Company. One of the issues of the case stated by AIG was that Mr. Maxwell was working during his time of collection and was receiving an income from janitorial
This also could have included shooting pain in both the arms and legs. I had the doctor confirm that he never received a history from the claimant of the discrete incident on 12/15/16. I tried to push the doctor off of his opinion on causal relationship, pointing out that there were two different histories of work related injuries but the doctor was insistent that it really did not matter because he felt this was really due to the claimant’s job. He said there might have been an incident that aggravated symptoms but he felt it was part of the heavy duty work the claimant was doing. The doctor did confirm that the claimant was released to return to work without any restrictions on 06/05/17 as he had an excellent result from his surgery.
I attended a hearing on your behalf in the above-referenced matter before Judge O’Connor in New Windsor, New York on 07/19/2017. The claimant was present and was represented by attorney Nancy Flaherty. As you know, this case has previously been established for an injury to the head. Prima facie medical evidence has been found for the neck and post-traumatic syndrome.
The claimant in this matter is a teacher who at the time of her alleged injury was out of work on a non work related shoulder injury. She appeared on school grounds and alleges that she fell off of a sidewalk injuring her right fifth metacarpal. Apparently, she suffered a minor non displaced fracture of the right fifth metacarpal. When questioned as to why she was on the school premises she told the building principal, Mary Beth Hammond, she was there to do her grades. Ms. Hammond reminded her that she could complete her grading at home and she seemed to be aware of that.
Everyday someone is injured because of someone else’s carelessness. Adam Futrell brings his extensive knowledge of injury law to fight for each of his clients. From one of the South’s most respected law firms, to the Attorney General’s Office,
When New York went through such horrible event new laws were put into place. The new laws are new safety and fire regulations, child labor laws and work compensation. Every
Plaintiffs: Newark Fire Department employee Lomack, along with 33 other Firefighters, the Newark Firefighters Union and the Newark Fire Officers Union. Defendant: City of Newark. The Legal Issue:
Dire Circumstances Call for a Strong Response After being involved in a serious incident, you really should find a dedicated and perseverant La Palma injury attorney to make sure that you get the compensation you need to prevent a financial disaster. All too often, people get underwhelming settlements when they try to handle things themselves. Only a professional plaintiff lawyer really knows the ins and outs of the legal process and how much more compensation you can get with solid advocacy. Injuries frequently require more medical care than just the immediate medical bills, but most insurance companies will try to settle on these costs alone.
When a car has been in an accident with a semi-truck, there are factors involved that are different than found with those of a typical accident between two cars. And it is often the case that these differences play a role in which driver was at fault. The followings are three factors that can make accidents different when they involve a semi-truck, and how a personal injury attorney with experience in this area can be beneficial. Driver fatigue Although car drivers can get into accidents because they are tired, it is a larger factor with truck drivers, especially those driving semi-trucks.
- Safety provi¬sions are interpreted to protect patients from illnesses caused in the course of medical treatment as well as to provide hygienic and injury-free experience in the health care setting. Special provisions exist for safety in pharmaceuticals, blood supply, infectious disease treatment and diagnostics, and mental health services, among others. Ethical codes for doctors, nurses, and other health care workers contain provisions applicable to the patients’ right to safety. Medical errors and other actions that fail to meet safety standards can carry civil, criminal and administrative penalties
According to Section 217 of the New York Worker’s Compensation Act of 1910, employers were required by law to compensate their employees if a personal injury were to result from their occupation. However, this law only applied to specific types of dangerous labor, including “demolition, blasting, tunneling, electrical construction, and railroad operation.” In 1910, making shirtwaists was not considered a dangerous activity, so victims’ families of the fire could not expect to receive any compensation from the accident. The Charity Organization Society of the City of New York Red Cross Emergency Relief Committee published a report, showing a detailed account of everyone they gave aid to.
Individuals who were working in the asbestos mine didn’t like that Banton was taking this to court as they could have lost their jobs if Banton’s case was successful, and the asbestos mine shut down. Whereas many individuals who were on Banton’s side and who were affected by James Hardie believed that all people who have been injured because of someone’s carelessness, should be rewarded with compensation from the negligent person. And those people also believed that making a company liable also helps to guarantee that they are more careful in their actions that could possibly hurt another person. After Banton was diagnosed in 1999 for asbestosis, he instantly knew that this disease was linked to when he was working as a lathe operator at James Hardie. Banton sued James Hardie, and received 800,000 dollars in compensation in an out-of-court settlement, which was taken place the morning before Banton’s trial.
The company failed to ensure that the walls of the excavation be sloped or supported as required by regulation. 3. Why was it “unavailing R. Williams to argue that employees must take greater care to avoid placing themselves in harm’s way”? What role, if any, should employees’ actions have in determining liability under the OSH Act? According to our text, a claim like this misconstrues the purpose of the OSHA safety standards.
To give another illustration of workplace injury or accident, in the academic research I did, that discuss a case of three undocumented individuals that were physically and mentally injured. One of this individual is 28 years old, pregnant Martha Gomez. She works as a maid in a Los Vegas hotel. One day while working, she was brutally attacked by a stranger, who kept hitting and kicking her, crowded up in a fetal position Martha was typing to protect her unborn child. After the attack, Martha began to experience numbness, weakness on her body, depression and loss of memory.
One of the main reasons the fire took such a psychological toll on the New Yorkers was because of the workers jumping to there deaths. One witness even remarked the event saying quote 'I know a new sound a terrible sound the sound of a body hitting the pavement". The inferno was also not an uncommon occurrence the triangle shirt was burned before the tragedy to collect insurance money. Knowing this information, many Jewish and women workers went on strike to secure improved working conditions. There strike in fact proved successful with the New York state legislature creating the Factory Investigating Commission.