Claim victory in Dutchess County construction accident battles!

Did a construction accident in Dutchess County disrupt your life?  Getting hurt on the job can throw you and your loved ones into tough times. Your injuries might keep you from work and cause money worries. Additionally, fighting for what you deserve feels unfair when big companies don’t seem to hear you out. This can leave you feeling alone and stressed. If you’re hurt and unsure what to do, a Dutchess County construction accident lawyer is here to stand by you.

At Fakhoury Law Firm, we’re here to make a difference. Our compassionate construction accident lawyer is ready to stand up for your rights and work tirelessly to secure the compensation you need to move forward. Reach out to us for a free consultation, and let us take the weight off your shoulders so you can concentrate on getting better.

Why Do Construction Accidents Happen in Dutchess County?

Construction accidents remain a significant issue in Dutchess County, NY, reflecting challenges nationwide. Despite regulations, construction is one of the most dangerous industries, with fatalities comprising over 20% of all worker deaths nationwide. According to OSHA, approximately 14 workers die from construction-related injuries every day.

Falls

Falls are the most frequent cause of construction-related deaths, accounting for almost 40% of fatalities. These accidents happen when safety measures, like harnesses and guardrails, are not in place. Falls are more likely on unstable surfaces or when workers need to receive adequate training in fall prevention.

Struck-by Object Incidents

Falling objects, such as tools or equipment, are another common hazard. These incidents account for about 8% of construction deaths. Struck-by accidents usually occur when materials are not securely fastened or when heavy machinery is misused, placing workers at risk.

Electrical Hazards and Electrocution

Electrocution is a frequent cause of injury and death on construction sites, occurring when workers come into contact with live wires or faulty electrical systems. These accidents often result from insufficient safety protocols, such as failing to mark electrical hazards or de-energize circuits.

Machinery and Crush Accidents

Machinery accidents, including crush injuries, happen when workers are caught in or pinned between equipment or objects. These incidents are often due to operator mistakes, lack of training, or poor maintenance. Heavy machinery like cranes and forklifts poses significant dangers if not operated properly.

Who is Responsible for Safety on Construction Sites?

Maintaining safety on construction sites in New York is a shared responsibility among multiple parties. According to Part 23 of the New York Labor Code, several individuals and entities are accountable for ensuring the site remains safe for all workers. If safety regulations are violated and lead to an injury, any of these parties may be held legally liable.

1. Property Owners

Property owners are obligated to ensure their construction sites comply with safety standards. They must proactively identify hazards and coordinate with contractors and site managers to implement safety measures.

2. Employers

Employers must provide safe equipment, tools, and working environments for their employees. They are responsible for training workers on safety procedures and ensuring all employees follow safety protocols to prevent accidents.

3. Construction Site Managers

Site managers oversee daily operations and ensure that safety regulations are followed. They are responsible for identifying and addressing risks during the project and ensuring that all workers use safety equipment correctly.

4. General Contractors

General contractors are broadly responsible for managing construction activities and coordinating with subcontractors to maintain site safety. They must ensure safety devices, such as guardrails and scaffolds, are in place and functioning correctly to protect workers from injuries.

5. Agents of the General Contractor

Agents working on behalf of the general contractor are also held accountable for enforcing safety standards. Their role includes monitoring compliance with the labor code and correcting any safety violations they encounter.

Common Injuries in Construction Accidents

Construction sites pose numerous safety risks, leading to serious injuries. Below are some of the most common injuries workers face on construction sites:

1. Head Injuries

Head injuries often occur due to falls, falling objects, or equipment malfunctions. These incidents can lead to concussions, traumatic brain injuries (TBIs), or skull fractures, with potentially long-term cognitive and physical effects.

2. Back and Spinal Cord Injuries

Heavy lifting, slips, trips, and falls frequently result in back injuries, such as herniated discs or spinal fractures. Severe spinal injuries may cause paralysis, affecting a worker’s ability to perform daily activities.

3. Fractures

Broken bones are common in construction accidents, often caused by falls, being struck by objects, or mishandling heavy machinery. These injuries can require long recovery periods and rehabilitation.

4. Burns

Burns can result from exposure to hot surfaces, chemicals, or electrical hazards. Severe burns may require specialized treatment and lead to permanent scarring or nerve damage.

5. Amputations

Accidents involving heavy machinery can result in the loss of limbs. Amputations are life-changing injuries that may require prosthetics and extensive rehabilitation.

6. Crush Injuries

Workers can sustain crush injuries when caught between heavy objects or machinery. These injuries often cause severe tissue damage, and internal bleeding, and can be life-threatening without immediate medical attention.

What Legal Protections Exist for Construction Workers in Dutchess County?

Construction sites present inherent risks, making safety regulations essential to protect workers. Dutchess County, like the rest of New York State, enforces several labor laws. The goal is to ensure safe working environments and hold contractors and property owners accountable. 

Below is an overview of key New York labor laws and national safety guidelines relevant to construction accidents.

NY Labor Law Section 200

NY Labor Law Section 200 establishes the general duty of employers to provide safe working conditions. It holds contractors and property owners liable if accidents occur under two conditions:

• Dangerous Conditions: The contractor or owner knew (or should have known) about a hazard, such as an unstable handrail, and failed to address it.
• Unsafe Methods: If a worker is injured due to improper procedures—like lifting heavy equipment alone—the employer may be liable if they supervised or controlled the task.

A successful claim requires evidence showing the contractor’s awareness of the danger or involvement in the unsafe task, often gathered through depositions and project documents.

NY Labor Law 202

NY Labor Law 202 focuses on ensuring the safety of individuals cleaning windows or building exteriors. Property owners must provide necessary safety equipment and procedures to prevent accidents.

• Falling Hazards: Injuries may occur due to a failed safety harness or unsecured tools falling onto pedestrians below.
• Legal Accountability: Workers injured by these hazards can pursue claims against those responsible for safety violations at the site.

This law protects both workers and the public during exterior maintenance.

NY Labor Law 240 – The Scaffold Law

NY Labor Law 240, also known as the “Scaffold Law,” requires contractors and property owners to provide adequate safety equipment for jobs involving heights. It covers two primary accident types:

• Falling Workers: This includes accidents involving unstable ladders, collapsed scaffolding, or faulty temporary flooring.
• Falling Objects: Injuries occur when unsecured objects fall, such as tools or materials dropped during hoisting.

This law requires property owners and contractors to provide proper protections, even if they did not directly supply the faulty equipment.

NY Labor Law 241(6)

NY Labor Law 241(6) holds contractors and property owners accountable for site safety by requiring compliance with specific sections of the New York Industrial Code. To pursue a claim under this law:

• Specific Code Violations: A worker must show that their injury resulted from violating a concrete safety standard in the Industrial Code, such as unguarded hazardous openings.
• Shared Responsibility: If the injured worker’s negligence contributed to the accident, compensation may be reduced proportionally based on their fault.

The Court of Appeals’ decision in Ross v. Curtis-Palmer, 81 N.Y.2d 494 (1993) clarified that claims must involve violations of specific, rather than general, safety provisions.

New York Industrial Code Part 23

The New York Industrial Code Part 23 outlines detailed safety standards for construction, demolition, and excavation operations. Key rules include:

• Utility Precautions: Before demolition, gas, water, and electrical lines must be shut off, capped, or sealed, and utility companies must be notified at least 24 hours in advance.
• Safety Standards: Requirements for scaffolding, hoists, and guardrails ensure worker safety during hazardous tasks.

Failure to comply with these codes may result in severe injuries and legal liability for property owners and contractors.

OSHA Guidelines

In addition to state laws, construction sites must adhere to federal safety regulations under the Occupational Safety and Health Administration (OSHA). OSHA’s most frequently cited violations include:

• Eye and face safety
• Machine safety measures
• Protection from falls during construction
• Communication regarding hazards
• Use and safety of scaffolding
• Breathing apparatus safety
• Managing dangerous energy sources
• Safety when using ladders
• Operation of powered industrial vehicles
• Fall prevention specific to training protocols

OSHA guidelines change annually, so workers and employers need to stay updated. In New York, OSHA violations may be used as evidence of negligence during legal proceedings.

Damages Available in Construction Site Accidents in New York

Victims of construction accidents in New York can seek various types of compensation to address the impact of their injuries. These damages include:

• Economic Damages: These include compensation for medical expenses, both current and future, related to the injury. Victims can also claim lost wages and loss of earning capacity if their injuries affect their ability to work.
• Non-Economic Damages: These cover emotional and physical pain, including mental anguish, loss of enjoyment of life, and long-term disability or disfigurement. New York recognizes that these hardships extend beyond financial losses.
• Punitive Damages: In rare cases where the injury results from gross negligence or intentional misconduct, courts may award punitive damages. These aim to punish the wrongdoer and deter similar behavior in the future.

What are Deadlines for Filing a Construction Accident Lawsuit in New York

For personal injury claims stemming from construction accidents in New York, the law grants three years from the date of the accident to initiate legal proceedings. This is stipulated by CPLR § 214. For those facing the harrowing situation of having lost a family member due to a construction accident, EPT § 5-4.1 specifies a more condensed timeframe of only two years from the date of death to file a wrongful death claim. It’s imperative to be aware of these deadlines to ensure your legal rights to compensation are not jeopardized.

Why Do I Need A Dutchess County Construction Accident Lawyer?

If you’ve been injured on a construction site, knowing who is responsible or how to get the help you need can be difficult. A construction lawyer ensures you understand your rights, helps hold the right people accountable, and ensures you get the compensation you deserve.

• Identify Who Is Responsible: Construction sites involve many parties, and a lawyer will determine who failed to follow safety rules. They ensure the right people—contractors, property owners, or site managers—are held accountable for your injury.
• Handle the Legal Work for You: Dealing with investigations and insurance claims can feel stressful after an injury. A lawyer gathers key documents, like safety reports so that you can focus on recovery.
• Keep You Informed and Involved: A good lawyer explains each step simply so you always know what’s happening. They guide you through the process, ensuring you never feel lost or confused.
• Fight for the Compensation You Deserve: They work to secure payment for medical bills, lost income, and other losses caused by the accident. This lets you focus on healing while knowing someone is working hard for your future.
• Offer Emotional Support: Having a lawyer by your side gives peace of mind, knowing someone is listening and taking action on your behalf. They’ll be there to support you, so you don’t have to face this challenge alone.

Call our Dutchess County Construction Accident Lawyer Now!

At Fakhoury Law Firm, we deeply understand the distress and hardship of construction accidents. Since 1999, our firm has been serving Fishkill and Dutchess County. We provide compassionate, comprehensive legal support in personal injury cases, including construction accidents. Michael Fakhoury, our founder and devoted team, is committed to offering personalized counsel and guidance to each client.

We handle many cases to help you get a favorable outcome and recover your life. Whether you need help after an accident or need to handle the complexities of personal injury law, we provide the knowledge and support you need.

Please take the first step toward recovery by booking a free consultation. You can also contact us through our online form or call us directly at  845-896-5200. Let our Dutchess County construction accident lawyer be by your side in these difficult times.