Commercial Construction Accidents: Legal Strategies for Businesses and Contractors

The construction industry is one of the most hazardous due to its inherently dangerous workplace environment. There are a myriad of occupational hazards on job sites, including falls from heights, electrical accidents, machinery mishaps, and exposure to hazardous materials. According to the U.S. Bureau of Labor Statistics (BLS), the construction industry experienced the most workplace deaths in 2022.
 
Then, there is the risk of injuries to third parties, including visitors to the site and passersby.

Common Commercial Construction Accidents for Workers

Falls from heights, including scaffolds, ladders, rooftops, and elevated work platforms, are a primary cause of construction site injuries. Workers may slip and fall on wet or uneven surfaces.

• Construction sites with large machinery and equipment can pose a considerable risk to workers. Accidents involving being struck by things, such as falling tools or materials, can lead to severe injury or death.
• Electrical accidents can occur when workers come into contact with live wires or malfunctioning equipment, resulting in shocks or electrocution.
• Caught-in or between accidents can occur when a worker is trapped, constricted, or crushed by large machinery, equipment, or materials. Examples of such mishaps include trench collapses and occurrences involving heavy gear.
• Scaffold collapses used to provide access to elevated areas can cause serious injuries or fatalities.
• Machinery accidents can occur due to equipment failure, operator error, or a lack of appropriate training.
• Construction workers are often exposed to dangerous materials, including asbestos, lead, and poisonous chemicals. These compounds may be inhaled, ingested, or absorbed through skin contact, which might result in long-term health concerns.
• Construction sites use flammable materials, welding equipment, and ignition sources, which can lead to fires and explosions.
• Strains, sprains, and overexertion injuries are commonplace due to the physical labor required in construction work.

Common Commercial Construction Accidents to Third Parties

It’s not only workplace construction accidents that can occur. Pedestrians, delivery people, visitors, inspectors, utility workers, nearby neighboring, and other non-employees are also at risk of an accident on a construction site. People can get hurt from falling objects or slip, trip, and fall because of cables or tools scattered about the site, uneven and cracked surfaces, and construction debris.
 
Vehicle accidents can occur on construction sites as heavy equipment and automobiles move about the site. A visitor is likely not aware of any blind spots or the vehicle route on the site and can get injured. Additionally, if the machine operator fails to obey speed limitations and safety rules, a visitor to the site can get injured.

Legal Strategies to Follow If an Accident Occurs

Employee Accidents on Construction Sites

If you are injured on the job, get immediate medical attention. Your employer should also report the
accident to his or her Workers’ Compensation provider. Depending on the nature of your injury, contact an attorney specializing in Workers’ Comp cases.
 
For example, if your injury was due to a fall from scaffolding, you may have a negligence case, depending on the circumstances of the accident. Under the New York Labor Law 240, also known as the “Scaffolding Law,” construction workers are protected from workplace negligence by the construction firm and property owner. The law governs the construction employers’ duty to protect workers at heights and grants those workers the right to claim compensation for any injury or death caused by a fall or an object falling from a height.
 
An attorney well-versed in New York Labor Laws will help you navigate both your Workers’ Comp
case and any damages caused by the negligence of liable parties.

Non-Worker Accidents on Construction Sites

Depending on the circumstances involving the accident, a non-employee could file a personal injury claim against the construction company and others. This depends on a number of factors, such as the nature of the accident and the involved parties’ liability.

For example, construction companies have a duty to care for both employees and non-employees. You could pursue a personal injury claim if the construction company breached this duty which caused your injury. Again, under New York Labor Law 240, the property owner and contractor are strictly liable if something falls on a non-employee from a height above.
To file a personal injury claim, you must provide evidence that the construction company or another party was negligent in providing a safe environment. Be sure to gather photographs of the accident scene, surveillance footage, witness statements, and medical records as part of your evidence.
Contact a personal injury lawyer who specializes in construction accidents to navigate the process and handle the case.

Types of Compensation with Commercial Construction Accidents

Depending on the injury and specific circumstances, injured workers and non-employees may be entitled to various types of compensation, including payment for all medical expenses related to the injury, lost wages, pain and suffering, disability and impairment, and loss of consortium. A family member of a worker or non-employee who died as a result of the accident may be entitled to compensation for loss of financial support and emotional distress.

Call the Law Office of Nicholas E. Tzaneteas

The Law Office of Nicholas E. Tzaneteas can help injured victims of construction accidents. As experienced New York City, Bronx, Brooklyn, Queens, and Manhattan construction accident and personal injury attorneys, we have helped injured clients recover millions of dollars in judgments and settlements.

If you or a loved one had an accident in NYC and suffered an injury through no fault of your own, you may be eligible for substantial financial compensation for medical bills, lost wages, and pain and suffering. Workers may be entitled to Workers’ Compensation insurance benefits and damages from the liable parties due to negligence. We know the New York Labor Laws inside and out and have secured construction accident settlements for our clients from parties responsible for the accident. Non-workers also could have a personal injury lawsuit if negligence was involved by the liable parties.