The Law Office of William A. Gallina, P.L.L.C.
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Construction & Labor Accidents

Some of the most dangerous professions are found in the construction industry.  Although numerous codes governing workplace safety have been enacted, accidents still occur.  These accidents may be caused by an unsafe working environment, faulty machinery, violations of safety codes, or even another’s negligence.  At the Law Office of William A. Gallina, our construction accident attorneys believe many of these accidents are preventable.  We offer the guidance needed to help clients build a successful claim for compensation, allowing you to focus on what matters most: recovery.  If you were injured on a construction site due to the fault or unlawful conduct of another, contact the Law Office of William A. Gallina at 718-892-0400 or request a free consultation.

Am I eligible for pain and suffering damages in addition to workers’ compensation?

Injury on a construction site often results in workers’ compensation benefits, but many times this compensation may not be enough. In the state of New York, employees are not allowed to sue their employers for workplace injuries, although there are a few exceptions to this rule. In many instances, however, a third party, such as a contractor, property owner, product manufacturer, or architect, may be responsible for causing the employee’s injuries.  In such an event, in addition to a workers’ compensation claim, which only covers a portion of lost wages and does not compensate for pain and suffering, an injured employee may separately bring a lawsuit against the party at fault.  The lawsuit can secure up to 100% of past and future lost wages, plus past and future pain and suffering.  Our Bronx construction accident attorneys at the Law Office of William A. Gallina will work with you to determine the best course of action for you.

What are the categories of a construction accident claim?

When filing a construction accident claim, there are several different types of actions under which you may seek compensation.  Depending on your individual circumstances, you may be able to claim negligence, a violation of an industrial code provision, or absolute liability stemming from an elevation-related hazard.

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Hazardous Construction Site Accidents (negligence)

Many times, the cause of one’s injury is due to another’s negligence.  Careless mistakes can result in damages, including broken bones, disfigurement, extreme scarring, spinal cord injuries, blindness, loss of hearing, paralysis, and sometimes, even death.

A general contractor’s main responsibility is safety – that of the workers and environment.  If the conditions of your working area were hazardous, the contractor may be liable.  Hazardous working conditions include:

  • Unmarked or Open Holes
  • Faulty Machinery
  • Falling, Unsecured Debris
  • Unsecured Debris  
  • Exposed Wiring, Unsafe Electrical
  • Unstable Surfaces (Roofs, Walls, Floors)
  • Lack of Safety Materials (Harnesses, Helmets, Eyewear, Gloves, etc.)
  • Poorly Designed Trenches

Oftentimes, these injuries occur due to a failure to comport with safety codes, such as allowing workers to enter the construction area without helmets.  If these labor safety codes apply, an injured worker need not prove fault by negligence – a violation of the code is sufficient.  However, if all safety codes were complied with, the injured party must prove the contractor’s negligence caused the injuries.  Our Bronx construction accident attorneys will help decide the best course of action for your suit, allowing you to secure fair and appropriate compensation for your injuries.

Premises Liability

Property owners are required to inform you of dangerous conditions on their premises.  Additionally, property owners must adhere to safety standards at all times. If a property owner fails to maintain its property in a reasonably safe condition, it may be liable.  Typical dangers include but are not limited to:

  • Defective Conditions
  • Faulty Stairwells or Elevators
  • Exposed Wires
  • Wet Floors
  • Broken, Raised Sidewalks
  • Incorrect, Inaccurate Signage
  • Lead Paint
  • Mold
  • Inadequate Lighting

In order to hold a property owner liable for your injury, you must prove that the owner or possessor failed to maintain it in a reasonably safe condition.  If your injuries are the result of a property owner’s negligence, you may be eligible for compensation.  The Law Office of William A. Gallina’s accident attorneys will provide legal advice and guidance to help you receive fair compensation.

Products Liability

Construction areas contain an extensive array of heavy equipment and machinery.  These machines can cause extensive injuries if defectively designed, not properly used, or improperly maintained. Typical injuries include but are not limited to:

  • Loss of Limb
  • Scarring
  • Blindness by Toxic Vapors, Fumes, or Projectiles
  • Respiratory Distress by Toxic Vapors, or Fumes

The equipment manufacturer may be liable if an injury occurred due to a malfunction or defective design.  Additionally, products that emit toxic vapors, fumes, or have caustic properties must provide adequate warning in regards to protective clothing and ventilation.  If your injury is a result of faulty equipment or inadequate labeling of dangers, you may be eligible for compensation from the manufacturer.  The construction accident attorneys at The Law Office of William A. Gallina can help you secure fair and reasonable compensation for your claim. 

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Elevation Hazards

Although very preventable, falls are one of the most common types of accidents on a construction site. A fall due to an elevation-related hazard can result in debilitating injuries, often preventing laborers from returning to work for an extended, sometimes permanent, duration.  Falls are a serious threat to construction workers, often caused by the unlawful conduct of a contractor, coworker, property owner, or even product manufacturer.  Falls typically occur due to deficient or inadequate:

  • Ladders
  • Roofing
  • Scaffolding
  • Cranes
  • Hoisting
  • Forklifts

If you experienced a fall from a height, or became injured from being struck by a falling object, you may be eligible for compensation.  The construction accident attorneys at the Law Office of William A. Gallina will decide the best course of action for your construction accident lawsuit.

Construction Accident Verdicts & Settlements*

Below are some representative verdicts and settlements obtained by the personal injury attorneys at the Law Office of William A. Gallina, PLLC on behalf of clients in the Bronx and throughout New York City who suffered injuries from a construction site accident:

  • 28-year-old experienced HVAC mechanic received a $750,000 settlement after a construction accident in which protective eyewear was not issued.  His injuries resulted in blindness to one eye, surgery, and loss of past and future wages.
  • A 71-year-old man was awarded $500,000 after falling off a ladder and suffering from a head injury and memory loss - Bronx, NY.

*Past results do not guarantee future outcomes.

At the Law Offices of William A. Gallina, we know our Bronx construction accident attorneys cannot erase the pain and suffering you’ve experienced from a construction site injury.  However, our lawyers can help make your healing process easier by securing fair compensation for your injury.  For more information on construction accident claims or to file a claim on a construction site injury, contact the Law Office of William A. Gallina at 718-892-0400 or request a free consultation.

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