Whether it’s a residential renovation, commercial high rise, or any other project, construction workers face higher risks of accidents and injuries at elevations compared to employees in other professions. Naturally, reducing those risks requires safety equipment, including various protective devices, guards, and other machinery that need to function as intended.
Modern advancements and a better understanding of construction-related risks mean workers today have access to protective gear and equipment laborers long ago did not. There are also now numerous workplace safety laws, including those enforced by the Occupational Safety and Health Administration (OSHA) and the State of New York, which outline what safety equipment should be used, when they should be used, and how they should be provided, stored, and maintained by employers, general contractors, or even owners.
Unfortunately, even the most safety conscious workers who wear the right equipment and take the right steps to ensure they’re protected can suffer harm in construction accidents – especially when equipment designed to keep them safe is faulty, defective, improperly maintained, or just downright the wrong equipment for the job.
OSHA, the New York State Industrial Code, and the New York Labor Law contain many provisions regarding Personal Protective Equipment (PPE), safety equipment, and other workplace safety standards. These critical protections safeguard workers from potential injuries involving harmful or toxic materials, electrocution, falling objects, and sharp items, and are used for all types of workers and construction projects. Common examples include:
Because workers rely on these types of protections to ensure their safety, equipment which is faulty, defective, or incapable of functioning as intended can put them at risk of suffering serious injuries or death. In matters involving faulty safety equipment, our construction accident attorneys explore whether defects may have caused or contributed to our clients’ damages as a result of a product manufacturer’s negligence or failure to meet their legal duty.
Safety equipment may be defective for various reasons, including:
Construction accidents involving defective safety equipment can entail complex issues of product liability, and can open the door to potential civil personal injury lawsuits that provide victims and families with the opportunity to hold manufacturers, distributors, and others involved in the creation or distribution of faulty products accountable. Unlike workers’ compensation claims, personal injury suits require victims to meet a burden of proof regarding fault in order to prevail and recover their damages, including their pain and suffering, medical expenses, lost wages, and more.
In addition to potential product liability claims against manufacturers that failed to meet their duty to provide safe products, construction accident cases involving safety equipment may entail other legal issues, including:
The Perecman Firm, P.L.L.C. has been fighting for injured victims and workers throughout New York City since 1983. Over our decades in practice, we’ve earned a reputation for our work representing injured construction workers and their families, and handle more construction accident cases each year than many injury attorneys handle in their entire careers. The result is our expansive knowledge of workplace safety laws and critical issues involved in these cases, as well as the extensive experience, insight, and resources we leverage to help workers and other victims fight for the maximum compensation possible.
If you have questions about a recent construction accident anywhere in NYC or the state of New York, trust a proven firm that’s recovered more than $400 million in verdicts and settlements for clients. Call The Perecman Firm, P.L.L.C. at (212) 577-9325 or complete a case evaluation form online. Consultations are free and confidential.
The Perecman Firm, P.L.L.C.'s team of NYC personal injury attorneys have recovered more than $400 million in verdicts and settlements for their clients. We understand the financial and emotional toll a serious accident can have on your life. That’s why we dedicate ourselves to maximizing your recovery and securing what you deserve.
Construction Accident. Union sheet metal worker who fell from ladder.
Union driver injured in a fall off ladder attached to a truck container.
Construction Accident. Union worker fell from suspension scaffold sustaining injury to back.
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