New York and New Jersey Construction Accident Attorneys
Workers who are injured in a construction or work site accident frequently suffer severe and permanent physical injuries, which alter that worker’s life and the life of his family for years to come. Often, as a result of the catastrophic injuries sustained in a construction accident, the worker will be unable to return to work for the remainder of their live. That worker may even die. In 2010, there were 4,547 fatal work injuries in the United States, as reported by the U.S. Department of Labor.
In 2010, the Federal Government’s Occupational Safety and Health Administration (“OSHA”) calculated the Top 5 citable safety violations that led to workers suffering life altering debilitating personal injuries:
- Scaffolding – construction: In 2007 alone, the deaths of 88 workers were reported to have been associated with scaffolding. 75% of all the scaffolding related injuries reported were due to a worker being struck with a falling object, slipping on planking, or the failure to support the scaffolding or planking.
- Fall protection – construction: In 2007 and 2008 there were 1,525 fall related deaths on construction sites across the United States, most of which involved falls to lower levels at the construction site or falls from roofs.
- Hazard Communication Standard – general industry: Workers are often exposed to many hazardous chemicals in the course of their duties. Because these chemicals can cause a variety of health issues and hazards, OSHA requires that employees be told what chemicals they may be exposed to in the workplace. OSHA’s Hazard Communication Standard is an identification system that provides information to worker’s about the cancer causing properties of chemicals encountered or other health hazards and dangers posed by exposure to such chemicals.
- Ladders – construction: In 2007, 4,157 citations were issues across the United States for OSHA violations regarding ladders.
- Respiratory Protection – general industry. Breathing in dust, vapors, sprays, gases, or other foreign materials found on construction sites can cause a variety of illnesses and can lead to permanent debilitating injuries, forever altering the life of the worker. Five million workers across the United States wear protective respirators while they work due to the presence of harmful, toxic, and carcinogenic materials and gases on their respective work sites.
If you or a loved one has been severely and permanently injured in a construction or work site accident involving these conditions or the conditions or events set forth below, and is now unable to work, you may be entitled to monetary compensation:
- Collapses of trenches, structures or buildings;
- Crane accidents;
- Defective tools or machinery;
- Welding rods;
- Railroad or train accidents; and
- Heavy machinery, tool or equipment malfunction or misuse.
Your rights are not limited to worker’s compensation claims, which often do not fully compensate an injured worker. Frequently, worker’s compensation payments only cover a percentage of an injured worker’s lost pay and medical costs and often do not cover the future economic losses that will inevitably be incurred.
You may have the right to file a claim against the general contractor, sub-contractor or owner of the construction site, separate and apart from your worker’s compensation claim. Also, your spouse may have the right to assert a claim for his/her losses that may arise as a result of the worker’s permanent injuries and inability to work. This type of claim is not covered by worker’s compensation and may only be pursued through contacting a construction accident lawyer.
For over 30 years the attorneys at Phillips & Paolicelli, LLP have protected the rights of injured workers and have obtained monetary compensation to allow those workers and their families to get back on their feet, recover and restore their future.
Traumatic Brain Injury
Many injured workers suffer from Traumatic Brain Injuries (TBI). These patients require legal advocates with compassion and expertise in navigating the complex legal and medical issues they face. Traumatic Brain Injury (TBI) is a sudden injury to the brain from an external mechanical force, often leading to permanent or temporary damage to cognitive, physical, psychological and social functions. TBI is frequently called “head injury” or “closed head injury”. These injuries are often the result of car accidents, construction accidents, falls, or other direct trauma to the head.
The statistics on TBI are staggering. In the United States, 40% of all deaths from injuries are TBI related. Additionally, over two million of Americans currently live with permanent TBI-related disabilities.
TBI ranges in severity, including mild TBI, concussion, skull fracture, coma and death. Several sets of criteria describe the various levels of severity of TBI. These include the Glasgow Coma Scale (GCS), the Ranchos Los Amigos Scale, and others.
Traumatic brain injuries are divided into two subcategories: (1) primary injury, which occurs at the moment of trauma, and (2) secondary injury, which produces effects that may continue for a long time.
Unfortunately, TBI frequently goes undiagnosed. Many patients with mild TBI may not go to the hospital. In addition, some patients with TBI are improperly discharged from the emergency room without adequate diagnostic testing, documentation or follow up instructions. Inappropriate reliance on an early CT scan of the brain, which may not detect early bleeding, may also result in premature discharge from the hospital.
The psychological and social impact of TBI can be just as life-changing as the physical. And the financial cost of TBI can also be devastating.
The challenges faced by patients with TBI and their families can be overwhelming, and require the assistance of skilled doctors, patient rehabilitation specialists and caring legal advocates.
If you believe that you or your loved one has been the victim of a construction accident, you should seek legal advice of experienced construction accident attorneys to determine if you have a case.