If you’re a construction worker and were struck by an object on the job site, you could be facing severe and possibly permanent injuries. Medical bills and lost wages may be just the beginning of your and your family’s financial woes. Who can you trust to advocate for you?
The construction accident attorneys of Miller, Montiel, & Strano, P.C. understand the anxiety and frustration you are likely experiencing. That’s why we help victims of struck-by accidents file personal injury lawsuits. Distinct from workers’ compensation, these claims allow you to seek damages due to negligence on the part of a general contractor, property owner, or other liable parties. We’re ready to get started on your case now.
What Is A Struck-By Accident?
Construction sites are busy places, filled with numerous pieces of equipment, machines, and devices. The Occupational Safety and Health Administration (OSHA) defines a struck-by accident as one “produced by forcible contact or impact between the injured person and an object or piece of equipment.” OSHA further categories these accidents as follows:
Flying objects. These are caused by objects that are ejected, sometimes at high velocity, from machines, equipment, or tools. An example is a nail shot from a nail gun. This category may also include an object that becomes separated from a piece of equipment and strikes the worker.
Falling objects. It is common for objects such as tools and debris to fall from great heights, including scaffolding. Objects can also fall off roofs, out of windows, and off of equipment such as cranes.
Swinging objects. Perhaps the best example of an accident caused by a swinging object is an improperly operated crane. Anything with ropes, pulleys, or cords – especially where heavy weight is concerned – can swing into a worker or snap and cause injury.
Rolling objects. Objects with wheels or the ability to roll can escape from the control of a construction worker or a secured resting place and strike an unsuspecting victim. Improperly parked vehicles, for instance, can roll away and lead to a catastrophic accident.
Establishing Liability After A Struck-By Accident
OSHA imposes a number of strict regulations on construction sites, including measures that are designed to prevent struck-by accidents. Evidence that an owner of the property, a construction company, general contractor, or other responsible party has neglected to comply with these safety rules could lead to significant legal penalties. It may also go a long way in proving negligence after a worker has become injured in one of these accidents.
There are several safety provisions contained in the Labor Law of the State of New York that specifically apply to injured construction workers and, in some cases, to others at the worksite. Failure to abide by these rules may allow a construction worker or another to receive a significant award of money damages for injuries and losses sustained. The following sections of the Labor Law are particularly relevant in establishing liability after a struck-by accident:
Section 200. This section of the law imposes a general duty on owners and contractors to keep construction sites safe for workers. For instance, machinery, equipment, and devices must be set up and operated in a way that minimizes the risk of a struck-by accident. The worksite must be maintained to protect the health and safety of all persons on the site.
Section 240. Also called the Scaffolding Law, this section requires contractors and owners to provide safety devices, such as scaffolding, ladders, hoists, blocks and others, so that construction workers are properly protected. Failure of the contractor or owner to do so results in their liability for damages sustained by the construction worker. This section applies to falling objects and to construction workers that fall from a height. Courts sometimes refer to these cases as involving gravity related injuries to construction workers.
Section 241. This broad law covers construction, demolition, and excavation work. These are prime areas in which struck-by accidents can occur. A property owner, general contractor or other party that fails to provide reasonable and adequate protection to workers and, in some cases, to others on the worksite, may be held liable for such failure. In many cases, the New York State Industrial Code works together with Section 241 to establish the responsibilities of the owner and contractors involved.
How Our Law Firm Can Help
Miller, Montiel, & Strano, P.C. is dedicated to helping construction accident victims win the compensation they need to adequately compensate them for the personal injuries, pain, suffering and disability they suffer from as well as the medical bills, lost wages, and other losses related to struck-by injuries. We also assist eligible surviving family members pursue wrongful death claims in the event the accident victim dies.
We handle all aspects of the accident investigation, lawsuit, trial and settlement negotiations with the defense lawyers and insurance companies. Part of what we do is work to obtain a court award or out-of-court settlement that fairly compensates you both for the pain, suffering, disability and expenses you’ve already incurred and those you will likely incur in the future. To that end, all proof is presented, including expert witness testimony to explain to a jury, for example, the medical treatments you will need later and the permanent changes to your life brought about by the accident.
Our firm also obtains the necessary evidence to build a compelling case. This may include OSHA inspection reports, various contracts, photographs, internal communications and documents, eyewitness testimony, medical records, videos and more. Once a lawsuit is filed, we can use various discovery methods to acquire the records necessary to show what happened and who is responsible. We meticulously examine all pieces of evidence to make sure the required elements of a personal injury claim can be proven.
All insurance and lawyer communications are handled by our law firm, so you can focus on recovering from your injuries. If possible we will negotiate a fair settlement with these parties that will avoid the time and hassle of a trial. However, if necessary, we are prepared to take your case to the courtroom and demand the maximum award allowed by law.
Contact Our New York Struck-By Accident Attorney
Are you ready to get started on your struck-by accident case? Do you have questions or concerns about the process? Reach out to Miller, Montiel, & Strano, P.C. There is no fee unless we recover monetary compensation for you. Schedule your confidential consultation with our firm today.
Miller, Montiel, & Strano, P.C. help clients with their struck by accident claims throughout New York including Nassau County, Suffolk County, Queens, and Brooklyn.