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Lack of Jobsite Protective Equipment in New York

Construction is an inherently dangerous industry that poses many health and safety threats to workers. From falls and scaffolding accidents to equipment and machinery disasters, many things can go wrong at a construction site. Often, all that stands between a worker and a catastrophic injury is personal protective equipment. If your employer negligently failed to provide adequate protective equipment, and this contributed to your construction accident injury, contact Fiedler Deutsch, LLP to discuss your rights. You may be eligible for compensation from the responsible party.

Why Clients in New York Choose Us to Represent Them

How a Lawyer Can Help

If a lack of protective equipment contributed to your workplace injury, you should not have to pay out of pocket for your own medical expenses or lost wages. The party responsible for failing to equip you with protective gear should be liable. Unfortunately, employers, construction companies and insurance providers do not side with injured accident victims often. An insurance company will want to save money by lowballing your settlement offer. Hiring a lawyer to maximize your compensation could be critical to your future as someone with a serious injury. The attorneys at Fiedler Deutsch, LLP can help you obtain the money you need to pay for lifelong medical costs and enjoy financial stability after a serious accident.

Who Is Liable for Lack of Protective Equipment?

The average construction site has many opportunities for severe worker and visitor injuries. Common types of accidents in construction zones in New York include ladder falls, scaffolding accidents, equipment and machinery accidents, electrocutions, fires and explosions, transportation accidents, forklift accidents, and elevator shaft falls. In New York, the owner of the construction site, the general contractor, and subcontractors have a legal duty to properly train workers to navigate these hazards, as well as provide appropriate protective equipment to prevent injuries.

Protective equipment for construction workers can include proper ladder or scaffolds, helmets or hard hats, steel-toed boots, goggles or eye protection, ear coverings, back braces, and personal fall protection equipment such as harnesses. The appropriate protective gear at a jobsite will depend on the nature of the job and the hazards present. If the owner, general contractor, or subcontractor negligently fails to provide proper protective equipment, and this contributes to a worker’s injury, the company could be liable for damages.

Workers’ Compensation vs. Personal Injury Claim

If you believe protective equipment would have prevented your jobsite injury, but your employer negligently failed to provide you with the proper gear, you may have grounds for a personal injury claim against your employer. It is important to find out if you have this right before you accept workers’ compensation benefits. In New York, accepting a workers’ compensation settlement means forfeiting your right to hold your employer accountable.

If someone other than your employer is responsible for lack of protective equipment, you may have grounds to recover benefits through workers’ compensation and a personal injury lawsuit in New York. For example, if it was a contractor’s responsibility to provide adequate protective equipment, you may be able to claim benefits through your employer’s workers’ compensation insurance as well as bring a cause of action against the negligent contractor. Discuss your rights with our attorneys at Fiedler Deutsch, LLP for more information.

Contact Fiedler Deutsch, LLP for a Free Construction Accident Consultation in New York

If a lack of protective equipment or proper protocol injured you, you may have grounds for a claim in New York. Contact the attorneys at Fiedler Deutsch, LLP for a comprehensive overview of your rights as an injured worker. We can help you receive maximum compensation for your injuries as well as hold the responsible party accountable. Call (914) 993-0393 today for a free consultation.