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Navigating Construction Accident Claims with Viscosi Law

Navigating Construction Accident Claims with Viscosi Law

Viscosi Law: Your Trusted Advocate in Construction Accident Claims

Construction work is one of the world’s most physically demanding and dangerous professions. With constantly evolving work environments, construction workers are exposed to potential hazards and risks that can lead to accidents and injuries. These incidents can result in severe injuries, permanent loss of income, or even death. If you have suffered an injury while working at a construction site, it is essential to seek legal help immediately. Viscosi Law specializes in construction accidents and personal injury cases. Our experienced team of attorneys can help you navigate the legal system and get the compensation you deserve.

The Importance of Legal Representation in Construction Accidents

Construction site accidents are unfortunately common, with over 150,000 reported annually in the United States. The construction industry also has one of the highest fatality rates in the country. The leading causes of these accidents include falls, electrocution, being struck by an object, and being caught in or between objects. Construction workers are also at a higher risk of developing musculoskeletal disorders due to the physically demanding nature of their work. Over 30% of construction site accidents are caused by human error, including negligence and failure to follow safety protocols.

Injuries sustained on the job can lead to expensive medical bills, lost wages, and emotional trauma. Working with experienced attorneys who understand the complexities of construction accident cases is important to ensure you receive proper compensation for your injuries.

Types of Construction Injuries

Construction injuries can be severe and often lead to long-term consequences. Here are some of the most common construction injuries:

Falls from Heights

Falls from heights are among the most common and dangerous construction injuries. Workers can fall from scaffolding, ladders, rooftops, and other elevated areas, often resulting in serious injuries or death. These accidents can be caused by improper safety equipment, lack of training, poor maintenance, or negligence by the employer or other parties involved. It is crucial for construction workers to receive proper safety training and for employers to provide adequate safety measures to prevent falls.

Struck-By Accidents

Struck-by accidents occur when a worker is hit by a moving or flying object, such as falling debris, equipment, tools, or vehicles. This type of accident is one of the leading causes of construction-related injuries and fatalities. Struck-by accidents can result in serious head, neck, and spinal injuries, broken bones, lacerations, and even death. Proper safety measures and equipment, such as hard hats and safety nets, can help prevent these accidents, but they still occur frequently.

Electrical Accidents

Electrical accidents can occur when a worker comes into contact with electrical equipment or exposed wiring. These accidents can result in electric shocks, burns, and even fatalities. Factors contributing to electrical accidents include the failure to properly de-energize equipment, inadequate training, improper use of tools and equipment, and lack of appropriate personal protective equipment. Employers need to provide proper training and equipment to prevent electrical accidents.

Equipment Accidents

Construction equipment accidents are common and can cause severe injuries or fatalities to workers. Heavy machinery such as cranes, bulldozers, forklifts, and backhoes can lead to accidents if not operated correctly or if workers are not adequately trained. Equipment-related accidents can also occur due to improper maintenance, defective machinery or tools, or lack of safety guards or equipment. These accidents can cause crushing injuries, amputations, fractures, or even death. Construction companies must ensure that all equipment is adequately maintained and workers are trained on how to operate them safely.

Repetitive Motion Injuries

These injuries occur over time and can include conditions such as carpal tunnel syndrome, back pain, and joint pain resulting from repetitive motions. These injuries can significantly impact a worker’s ability to perform their job and may require long-term medical treatment and rehabilitation.

Chemical Exposure

Chemical exposure is a severe risk in construction work, as many projects involve hazardous substances. Construction workers may be exposed to these chemicals through inhalation, skin contact, or ingestion, and the consequences can be severe. Exposure to dangerous chemicals can cause various health problems, from skin rashes and respiratory problems to cancer and other serious illnesses. Viscosi Law can help workers exposed to hazardous chemicals on the job navigate the legal process to seek compensation for their injuries and illnesses.

Heat and Cold Stress

Working outside in extreme temperatures can lead to heat exhaustion, heat stroke, hypothermia, or frostbite. Construction workers must be provided with proper training and equipment to handle extreme temperatures and prevent heat or cold-related illnesses.

Trench Collapse

Trench collapses can result in serious injuries or fatalities. Trenches are often dug to install pipes, wires, or other utilities, and workers may need to enter the trench to complete the work. If the trench is not adequately supported or shored up, it can collapse, burying workers. Trench collapses can cause suffocation, crush injuries, and other serious harm. Employers need to follow proper safety protocols and provide workers with the necessary training and equipment to prevent trench collapses from occurring.

Respiratory Problems

Respiratory problems are a common health issue faced by construction workers due to exposure to hazardous substances such as dust, fumes, and chemicals. These substances can cause lung damage and other respiratory illnesses, including asthma, bronchitis, and lung cancer. Proper respiratory protection equipment such as masks, respirators, and ventilation systems can help prevent respiratory illnesses in construction workers. Employers are also responsible for providing a safe working environment and ensuring that their workers have access to the necessary protective equipment.

Possible Legal Claims for Construction Injuries

Workers’ Compensation Claims

Workers’ compensation claims are filed by employees injured or become ill due to their work. These claims provide injured workers with benefits such as medical expenses, lost wages, and rehabilitation costs. Workers’ compensation claims can be filed regardless of who was at fault for the accident, as they are a no-fault system designed to provide financial support to injured workers. Employers are required to carry workers’ compensation insurance, and workers injured on the job have the right to file a claim and receive benefits.

Third-Party Liability Claims

Third-party liability claims in construction refer to situations where an employee of one company is injured on a construction site due to another company’s or its employees’ negligence. In these cases, the injured worker may be able to file a lawsuit against the other company for damages. For example, if a worker is injured due to a faulty piece of equipment that was provided by a subcontractor, the injured worker may be able to sue the subcontractor for damages.

OSHA Violations

OSHA (Occupational Safety and Health Administration) violations in construction refer to the non-compliance of construction companies or contractors with health and safety standards set forth by OSHA. These violations can result in fines, penalties, or legal action against the construction company or contractor. OSHA regulations are in place to protect workers and ensure safe working conditions on construction sites.

Negligence Claims

Negligence claims arise when an individual is injured due to the negligent actions of another party in the construction process. These claims typically arise due to a failure to adhere to safety regulations or a lack of proper safety precautions on the job site. In such cases, the injured party may be able to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.

Product Liability Claims

Product liability claims arise when a defective product causes injury or harm to a person. Manufacturers, distributors, and sellers can be liable for producing or selling faulty products. These claims can help injured workers recover compensation beyond what they may be eligible to receive from workers’ compensation benefits.

Premises Liability Claims

Premises liability claims refer to a legal concept where property owners or those in control of a property can be held responsible for any injuries or damages that occur on the property. Property owners are legally obligated to maintain their properties reasonably safe and warn visitors of any potential hazards.

Construction Injury Statistics

According to OSHA, falls are the leading cause of death in the construction industry.

  • In 2019, the Bureau of Labor Statistics reported 1,061 fatal work injuries in the construction industry in the United States.
  • In New York, over 4,600 non-fatal injuries were reported in the construction industry in 2019.
  • The most common non-fatal injuries include strains, sprains, cuts, lacerations, and fractures.
  • The cost of workplace injuries and illnesses in the construction industry in the United States is estimated to be over $11 billion per year.

Viscosi Law: Your Advocate in Construction Injury Cases

Viscosi Law is committed to providing legal representation for individuals who have suffered construction injuries. Our experienced team of attorneys can help you navigate the legal process and fight for the compensation you deserve. We understand the physical, emotional, and financial toll construction accidents can have on individuals and their families. That is why we are dedicated to advocating for our clients and holding negligent parties accountable. If you or a loved one has been injured in a construction accident, don’t hesitate to contact Viscosi Law for a consultation. We are here to help you every step of the way.

If you or a loved one has been injured in a construction accident, trust Viscosi Law to be your unwavering legal ally. Schedule a free consultation today and take the first step toward protecting your rights and securing your future. Our team of experienced attorneys is ready to fight for the compensation you deserve. Reach out to Viscosi Law now and let us guide you through the legal process with diligence and dedication. Your future is worth fighting for, and Viscosi Law is here to help you every step of the way.

Contact Information

  • Location: 122 West Main St. Johnstown, NY 12095
  • Email Address: michael@viscosilaw.com
  • Contact No.: +1 (518) 762-0011

Frequently Asked Questions (FAQs)

1. What should I do immediately after a construction accident?

After a construction accident, your first priority should be to seek medical attention for any injuries. Once you are safe and have received medical care, report the incident to your employer and document everything related to the accident, including taking photos of the scene and collecting witness statements. It’s also important to contact an experienced construction accident lawyer, like Viscosi Law, to discuss your case and protect your rights.

2. How can Viscosi Law help me with my construction accident case?

Viscosi Law specializes in construction accident cases. Our experienced attorneys will guide you through the legal process, gather evidence, negotiate with insurance companies, and represent you in court if necessary. We work tirelessly to ensure that our clients receive the maximum compensation they deserve for their injuries.

3. What types of compensation can I receive for a construction injury?

You may be entitled to various forms of compensation, including medical expenses, lost wages, pain and suffering, rehabilitation costs, and compensation for any permanent disability. Viscosi Law will evaluate your case and help you pursue all possible avenues of compensation.

4. Can I still file a claim if the accident was partly my fault?

Yes, you can still file a claim even if the accident was partly your fault. New York follows a comparative negligence rule, which means that your compensation may be reduced by the percentage of fault attributed to you. An experienced attorney from Viscosi Law can help you understand how this rule applies to your case and ensure you receive a fair settlement.

5. What if my employer doesn’t have workers’ compensation insurance?

If your employer does not have workers’ compensation insurance, you may still have options for seeking compensation. You can file a personal injury lawsuit against your employer or pursue a claim through the New York Uninsured Employers Fund. Viscosi Law can help you navigate these options and determine the best course of action for your situation.

6. How long do I have to file a construction accident claim?

In New York, the statute of limitations for filing a construction accident claim is generally three years from the date of the injury. However, workers’ compensation claims must be filed within two years. It’s important to consult with an attorney as soon as possible to ensure you meet all necessary deadlines.

7. What if my injury prevents me from returning to work?

If your injury prevents you from returning to work, you may be entitled to additional compensation for lost future earnings and vocational rehabilitation. Viscosi Law will work with you to document the extent of your injuries and their impact on your ability to work, ensuring you receive the compensation you need to support your future.

8. How much does it cost to hire Viscosi Law for my construction accident case?

At Viscosi Law, we offer free consultations and work on a contingency fee basis. This means you don’t pay any legal fees unless we win your case. Our fees will be a percentage of the compensation we recover for you, ensuring that you can afford quality legal representation without upfront costs.

9. What evidence is needed to support my construction accident claim?

To support your construction accident claim, it’s important to gather as much evidence as possible, including medical records, accident reports, witness statements, photographs of the accident scene, and any relevant safety inspection reports. Viscosi Law can help you collect and organize this evidence to build a strong case.

10. How long will it take to resolve my construction accident case?

The timeline for resolving a construction accident case can vary depending on the complexity of the case, the severity of the injuries, and whether the case goes to trial. Some cases may be settled within a few months, while others may take several years. Viscosi Law will work diligently to resolve your case as quickly and efficiently as possible while ensuring you receive fair compensation.