The New York construction slip and fall accident lawyers at Gorayeb & Associates help injured workers obtain the maximum compensation they are entitled to by law. This allows them to recover alongside their family without worrying about money.
Fair compensation for a work injury should include payments for the following:
1. Medical Expenses Coverage
It is unfair for a worker who experiences a construction site fall to bear the burden of medical expenses. Therefore, the construction accident attorneys in NY at Gorayeb & Associates assist in obtaining compensation that covers all medical bills. For instance:
- Ambulance and any medically required transportation.
- Hospitalization for the treatment of injuries.
- Surgeries and fees for all medical personnel.
- Clinical examinations, laboratory visits, and any necessary studies.
- Rehabilitation therapies and the necessary equipment for proper rehabilitation.
- If the injuries prevent the victim from performing basic activities (such as picking up children from school or buying food), coverage for those services is included in this category.
2. Reimbursement for Lost Wages
When a worker experiences a construction site fall, and their injuries prevent them from continuing to work, it is unfair for them to lose the wages rightfully due to them. Therefore, the slip and fall legal experts in New York at Gorayeb & Associates assist in obtaining reimbursement for lost wages. This category includes:
- Reimbursement for lost, currently lost, or future wages due to injuries caused by the accident.
- In cases of temporary disability, there are pension schemes for a predefined period based on the recovery time indicated in the medical diagnosis.
- In cases of permanent disability, there are lifetime pension schemes.
3. Payments for Pain and Suffering
An accident not only causes physical injuries but can also lead to emotional and psychological distress for the victims. Therefore, specialized construction injury attorneys in New York City at Gorayeb & Associates perform a detailed calculation of these emotional distresses to include compensation for pain and suffering (as known in the legal world in this category).
Among the most common emotional distress experienced by accident victims are:
- Mental stress and post-traumatic stress.
- Distress and anxiety.
- Development of phobias.
In order to receive compensation of this nature, it is advisable for the injured worker to seek the assistance of expert construction site injury lawyers in New York from Gorayeb at our different locations.
At Gorayeb & Associates, we have over 35 years of experience helping workers in the Latino community who have suffered falls at construction sites. We have won over a billion dollars in compensation for our clients. The legal excellence of our work is distinguished both by our extensive track record of successful cases and by the empathetic, friendly, and Spanish-speaking treatment we provide to everyone who turns to us for help.
If you or a loved one has experienced a workplace accident, the construction site fall compensation lawyers in New York at Gorayeb are ready to assist you. Request a free consultation today. We are available 24 hours every day of the year.
Causes of Injuries Addressed by Building Site Injury Attorneys in NYC at Gorayeb
According to the most recent report from the Occupational Safety and Health Administration (OSHA) on serious and fatal accidents in construction, falls are the leading cause of fatality at construction sites. The report indicates that they account for approximately 4 out of every 10 deaths (37 percent).
OSHA has a specific fall prevention standard, namely 29 CFR 1926.500. Some of its key elements include:
- It is a federal standard, meaning it applies to all construction workplaces in the United States.
- It requires employers to provide fall protection for all employees working at 6 feet or more above ground level.
- Fall protection must be provided by a guardrail system, safety nets, or personal fall arrest systems (depending on the specific type of work being performed).
- Employers failing to comply with the standard may be fined by OSHA.
- Protection systems must be constructed of durable materials and securely installed.
- Safety nets must be designed to withstand the impact of a human body.
- Personal fall arrest systems must include a full-body harness, an anchor point, and a fall arrest device.
- Employees must receive training on the use of fall protection equipment.
Among the main causes of falls at construction sites are the following types of accidents:
- Falls from scaffolds
- Falls from ladders
- Falls from roofs
- Falls while cleaning windows
- Falls from machinery
Below, we provide useful information about each of these accidents and safety tips to prevent them.
According to this OSHA estimate, about 2.3 million workers in the United States use scaffolds to perform some of their tasks. In the construction industry, scaffolds are associated with the daily activities of 65 percent of workers.
OSHA calculates that approximately 4,500 scaffold accidents occur annually in the construction industry in the country. The vast majority of these incidents could have been avoided if proper safety protocols had been followed.
The three most common causes of scaffold accidents are:
- Poorly installed or unsafe scaffolds - Scaffolds must be constructed and used in accordance with safety standards. If scaffolds are not properly installed or are unsafe, they can collapse or tilt, leading to a fall.
- Lack of fall protection equipment - Employees working on scaffolds must use fall protection equipment, such as full-body harnesses, anchors, and fall arrest devices. If employees do not use fall protection equipment, they can fall if they lose balance or if the scaffold collapses.
- Human errors - Falls from scaffolds are often caused by human errors, such as working without attention, not using fall protection equipment, or not following safety rules.
Some of the most important prevention tips to consider for preventing falls from scaffolds in construction include:
- Install scaffolds according to safety standards. Ensure that scaffolds are level, stable, and have secure railings and platforms.
- Require the use of fall protection equipment. Ensure that all employees working on scaffolds use full-body harnesses, anchors, and fall arrest devices.
- Receive training on scaffold safety. All employees working on scaffolds should receive training on scaffold safety rules and how to properly use fall protection equipment.
- Be aware of your surroundings. Do not work on scaffolds if you are tired, distracted, or under the influence of drugs or alcohol.
- Report any safety issues. If you see any safety issues with a scaffold, report it immediately to your supervisor.
In the construction industry, safety is a fundamental concern. Falls from ladders at construction sites pose a significant risk that can have serious consequences. To prevent these incidents, it is crucial to understand why they occur, the types of construction ladders, their distinctive features, and how to prevent them.
Falls from ladders at construction sites can occur for various reasons. The three main ones are:
- Lack of stability - Ladders can tip over if not placed on a stable surface or if not properly secured.
- Lack of grip - Insufficient grip on ladders can cause workers to lose balance.
- Neglect or lack of knowledge - Lack of training in the safe use of ladders and negligence in following safety procedures contribute to these falls.
There are various types of ladders used in construction, each designed for specific tasks. Here are the main types of construction ladders:
- Extension Ladders - Adjustable in length and used to reach considerable heights. They must be fully extended and secured before use.
- Step Ladders - Known for their "A" shape and used for work at heights in smaller spaces.
- Wooden Ladders - Versatile and used in various construction situations. They must be in good condition and without cracks.
- Fiberglass Ladders - Resistant to electricity and corrosion, ideal for work near electrical cables or in humid environments.
- Aluminum Ladders - Lightweight and durable, ideal for jobs where frequent ladder transportation is required.
Prevention tips to avoid ladder fall accidents include:
- Non-slip feet - Ladder feet should be non-slip to maintain stability on different surfaces.
- Safety locks - Ladders should have safety locks to prevent them from closing accidentally during use.
- Wide platforms - Platforms should be wide to provide a safe space for workers and tools.
- Non-slip tapes - Adding non-slip tapes to the steps improves traction and prevents slips.
Common causes of falls from roofs in construction accidents include:
- Slippery or unstable roof surfaces - Roofs may be covered with snow, ice, debris, or other materials that can make it difficult to walk or work safely.
- Lack of proper personal protective equipment or lack of training to use it properly - It is important to remember that personal protective equipment should be provided free of charge by employers, who also have the obligation to train workers for tasks at heights.
Here are some tips to help prevent falls from roofs in construction accidents:
- Inspect the roof before starting work. Ensure that the roof is secure and stable.
- Work with a buddy. A companion can help you stay safe and provide assistance if you fall.
- Wear safety shoes with good traction.
- Ensure that the roof is well-lit.
- Use ladders or scaffolds to access the roof safely.
- Do not work on roofs in strong winds or adverse weather conditions.
- Ask the supervisor about safety protocols in emergency situations, such as accidents due to roof collapses.
The task of cleaning elevated windows presents a series of dangers and challenges due to the risky nature of performing specialized work at great heights. Among the causes that can lead to a fall while cleaning windows are:
- Changing weather conditions - Window cleaning workers often have to face challenging weather conditions such as strong winds, rain, ice, or snow. These conditions can make surfaces slippery and increase the risk of falls.
- Inadequate or damaged equipment - The use of inappropriate or damaged window cleaning equipment can increase the risk of accidents. This includes ropes, harnesses, platforms, and other safety devices.
- Hazardous chemicals - Window cleaning often involves the use of chemicals. Exposure to these chemicals can cause injuries that result in sudden movements by the workers.
- Electrical risks - In some cases, window cleaning may involve the use of electrical tools or equipment near power lines. This increases the risk of electric shocks.
- Difficult access - Some structures may have challenging access, requiring complicated maneuvers to reach the windows that need cleaning.
To prevent falls during window cleaning, it is recommended to follow these tips:
- Inspection of the equipment to be used.
- Planning the cleaning process.
- Avoiding work in extreme weather conditions.
- Working in pairs and under supervision.
- Ensuring that anchors are secure.
- Knowing safety protocols in case of emergencies.
- Identifying potential hazards.
Among the most common causes that can lead to falls from heavy machinery are:
- Fatigue - Fatigue in construction machinery operators can reduce their attention and ability to maintain balance, increasing the risk of falls.
- Insecure ascent and descent - The lack of secure access points, stairs, or steps to climb up and down from the machinery can increase the risk of falls during these activities.
- Distractions - Distractions, such as the use of mobile devices or unnecessary conversation during machinery operation, can lead to falls due to a loss of concentration.
- Unstable loads or material shifting - Handling unstable loads or shifting materials on the machinery can unbalance it and lead to falls.
- Insecure work area - The presence of obstacles, such as debris or loose materials, around the machinery can increase the risk of falls.
Prevention tips for falls from machinery include:
- Regular maintenance of machinery.
- Properly installed guardrails and handrails.
- Secure access.
- Safe loading.
- Signage and warnings of potential hazards.
- Pre-operation inspection of the machinery.
Top 10 Types of Common Injuries from Falls in Construction Sites
Among the common injuries resulting from falls in construction sites, these are the main ones:
- Broken bones and fractured ribs.
- Traumatic brain injuries.
- Neck injuries, including whiplash.
- Back injuries (with the added risk of spinal cord damage, leading to catastrophic injuries such as paralysis).
- Chest and thoracic injuries.
- Damage to internal organs.
- Soft tissue injuries.
- Nerve damage.
- Eye injuries and other facial injuries.
- Wrongful death.
What Should I Do If I Experience a Fall at a Construction Site?
If you experience a fall at a construction site, it's important to consider these actions:
- Seek immediate medical attention. Request a doctor to examine you and obtain a copy of the diagnosis of your injuries.
- Notify your employer as soon as possible. It's important to keep a record of this notification (such as a text message or email).
- Contact an experienced construction accident lawyer from Gorayeb & Associates.
- Do not provide statements to an insurance company representative or sign any documents.
- If possible, gather evidence about your accident. For example:
- Contact information for eyewitnesses (name and phone number).
- Take photographs and videos of the circumstances of your accident (both your injuries and the structure from which you fell).
- Do not post anything about your accident on social media. It's recommended to set your posts to private and avoid accepting friend requests from unknown individuals.
What Laws in New York Protect Workers Injured in a Fall or Slip?
The obligation of the construction company that hires workers is to provide them with proper protection, safety equipment, and conduct constant safety assessments. When that doesn't happen, special labor laws in the state of New York allow injured workers and families who lose a loved one to claim compensation for the damages incurred.
According to the specific provisions of the New York Labor Law, sections 200, 240, and 241, workers injured in a construction accident can sue a general contractor, subcontractor, building owner, or other parties responsible for work-related accidents, in addition to claiming what is rightfully theirs through the Workers Compensation Program of the construction company that employs them.
What Happens If a Worker Dies in a Fall at a Construction Site?
When a worker dies due to a fall at a construction site, their family members can claim compensation to help them navigate the grieving process without financial distress.
The types of benefits that the family members of a worker who suffers a wrongful death in New York construction can receive include:
- Medical expenses from the time of the worker's injury until their death.
- Loss of the deceased worker's future income.
- Loss of future inheritance for the beneficiaries of the deceased worker.
- Funeral expenses for the deceased worker.
- Lost household services or other required support.
- Loss of support and guidance from the deceased worker to their children.
- Value of the loss of financial support and guidance for family members and dependents.
- The victim's romantic partner may seek compensation for "loss of consortium."
Gorayeb's Construction Fall Lawyers Are Your Best Choice to Win Your Case
For an injured worker to obtain the maximum compensation, it is crucial to have the assistance of a law firm specializing in construction accidents and of experienced New York construction site injury lawyers.
At Gorayeb & Associates, we have over 35 years of experience defending individuals in the Latino community of NY who suffer workplace accidents. Our legal team not only speaks Spanish but is an integral part of the Latin community.
We have the Gorayeb Community Center in Queens, offering useful resources and various training courses to prevent workplace accidents.
We have won over a billion dollars in compensation for our clients. The legal excellence of our work is distinguished by both our extensive record of successful cases and the empathetic, friendly, and Spanish-speaking service we provide to everyone who turns to us for help.
If you or a loved one experienced a workplace accident, Gorayeb's construction fall lawyers in New York are ready to assist you. Request a free consultation today. We are available 24 hours every day of the year.
Why Hire Gorayeb & Associates' Construction Fall Lawyers in New York for Your Compensation Case?
When it comes to securing compensation for construction workers injured in fall accidents, Gorayeb & Associates stands out as a trusted legal ally.
Our experienced NYC construction slip and fall attorneys are well-versed in the complexities of such cases. We understand the unique challenges faced by injured workers and are dedicated to navigating the legal process on your behalf.
Here's why our team at Gorayeb & Associates is the right choice for your compensation case:
- Expertise in Construction Fall Cases: We specialize in handling cases related to construction falls, making us well-equipped to address the specific nuances and challenges associated with these incidents.
- Client-Centric Approach: Your well-being is our priority. Our dedicated lawyers will manage the intricacies of your case, allowing you to focus on your recovery. We are committed to ensuring you receive the maximum compensation possible.
- Inclusive Legal Support: Regardless of your immigration status, our team is here to help. We believe that every injured worker deserves proper legal representation and fair compensation, irrespective of their background.
Consultation with Gorayeb & Associates' New York Construction Slip and Fall Accident Lawyers
When facing the aftermath of a construction slip and fall accident, the first step toward securing the compensation you rightfully deserve is crucial. At Gorayeb & Associates, we recognize the challenges you may be confronting and are here to guide you through the legal process.
Every construction slip and fall case is unique, and our legal team recognizes this. We tailor our legal strategies to the specific details of your situation, ensuring that your case is approached with a personalized and effective plan.
To take the first step on your journey toward justice and fair compensation, call our New York construction slip and fall accident lawyers today to schedule a free and confidential consultation. Our legal team at Gorayeb & Associates is committed to being your trusted partner in navigating the complexities of your construction fall injuries. We are available to support you, providing the legal representation you need to secure the best possible outcome for your case. Your well-being is our priority, and we are here to fight for your rights.