Why Choose New York Construction Accident Attorney Bruce Glickman, Esq.
Formidable Record: Bruce Glickman’s
Multi-Million Dollar Settlements and Verdicts
Formidable Record: Bruce Glickman’s
$3.5 million
construction worker fell off scaffold
$900k
beam fell on construction worker
$450k
construction worker fell over a broken step
If you or a loved one has been injured in a construction accident, you need an aggressive advocate fighting for your rights—Bruce Glickman, Esq. at Levine & Blit. With a proven track record of triumphantly tackling complex construction injury cases, Mr. Glickman ensures that negligent parties are held accountable for their actions, providing clients with the justice they deserve.
Bruce’s commitment to achieving maximum compensation for his clients is exemplary, and he has achieved millions in settlements and verdicts throughout his career. Don’t let the insurance companies push you around. As one of the leading New York construction accident attorneys, Bruce Glickman is strongly positioned to recover maximum compensation for you in a construction accident lawsuit.
New York State Labor Laws to Protect Construction Workers
The New York State Labor Law is designed to enhance the safety and well-being of construction workers by establishing clear responsibilities for employers and property owners. Skilled New York personal injury lawyers at Levine & Blit will use the provisions of this law to hold accountable those who create unsafe working conditions that lead to construction accident injuries. Three of its primary sections—Sections 240, 241, and 200—address different aspects of worker safety on construction sites.
Section 240 (The Scaffold Law)
Overview:
Section 240, commonly referred to as the Scaffold Law, is one of the most significant protections for construction workers in New York. This law specifically targets risks associated with elevation-related hazards, which are prevalent in the construction industry.
Key Provisions:
- Liability: Under this law, property owners and contractors can be held strictly liable for injuries that occur due to falls from heights or injuries caused by falling objects. This means that even if the worker was partially at fault, the property owner or contractor can still be held responsible for the injuries sustained.
- Safety Requirements: The law mandates that adequate safety measures must be in place. This includes:
- Scaffolding: Scaffolds must be properly constructed and maintained to provide a safe working platform for workers at heights.
- Guardrails and Safety Devices: Employers are required to install guardrails and other safety devices to prevent falls. These measures are not merely recommended; they are legally required to ensure the safety of workers.
- Enforcement: Workers injured due to non-compliance with these safety measures can pursue compensation through civil litigation, making it crucial for contractors to adhere strictly to these guidelines.
Implications:
The Scaffold Law has significant implications for preventing construction site accidents, as it encourages employers to invest in safety equipment and training. Failure to comply can result in serious legal consequences, including financial liability for injuries and fatalities.
Section 241
Overview:
Section 241 of the New York State Labor Law complements Section 240 by establishing specific safety regulations that construction site owners and contractors must follow. This section underscores the importance of adhering to established safety standards.
Key Provisions:
- Compliance with Regulations: This section requires that construction sites comply with regulations established by the New York State Commissioner of Labor. These regulations cover a wide range of safety practices tailored to the construction industry.
- Specific Safety Standards: The law outlines various specific safety measures, including:
- Proper use of personal protective equipment (PPE).
- Guidelines for the safe operation of machinery and equipment.
- Protocols for handling hazardous materials, ensuring that workers are protected from exposure to harmful substances.
- Regular Inspections: Property owners and contractors are expected to regularly inspect their construction sites to ensure compliance with these safety standards.
Implications:
By mandating adherence to specific safety regulations, Section 241 aims to reduce the number of accidents and injuries on construction sites. When workers are injured due to violations of these standards, they may have grounds for legal action against the responsible parties.
Section 200
Overview:
Section 200 of the New York State Labor Law imposes a general duty on employers to provide a safe working environment for their employees. This section serves as the foundation for workplace safety standards and to protect the right to compensation for injured construction workers.
Key Provisions:
- General Duty to Maintain Safety: Employers are required to take all necessary precautions to ensure a safe workplace. This includes identifying potential hazards and addressing them promptly.
- Duty to Warn: Employers must warn employees about any known dangers in the workplace. This duty emphasizes the responsibility of employers to actively communicate potential risks to their workers.
- Reasonable Care: Section 200 emphasizes that employers must exercise reasonable care in maintaining safe working conditions. This includes regular inspections and maintenance of equipment and structures.
Implications:
This section is necessary for establishing a baseline expectation of safety within the construction industry. It empowers workers to hold employers accountable for unsafe conditions and can serve as the basis for legal claims in cases where injuries occur due to negligence.
OSHA Regulations for Construction Worker Safety in New York
The Occupational Safety and Health Administration (OSHA) sets forth regulations to ensure the safety and health of construction workers across the United States, including New York. These regulations are critical for minimizing workplace hazards and preventing accidents on construction sites. Below is an overview of key OSHA regulations relevant to construction worker safety in New York:
General Duty Clause (Section 5(a)(1))
- Overview: This clause mandates that employers provide a workplace free from recognized hazards that could cause death or serious physical harm. It serves as a broad foundation for worker safety.
- Implication: Employers must proactively identify and eliminate hazards that could affect the health and safety of their employees.
OSHA Construction Standards (29 CFR Part 1926)
- Overview: OSHA has established specific standards tailored to the construction industry, outlining the responsibilities of employers to protect workers.
- Key Areas Covered:
- Fall Protection (Subpart M): Requires fall protection systems at elevations of six feet in the construction industry and mandates the use of guardrails, safety nets, and personal fall arrest systems.
- Scaffolding (Subpart L): Regulates the design, erection, and use of scaffolds to ensure they are safe and stable.
- Ladder Safety (Subpart X): Sets forth standards for ladder use, including requirements for proper maintenance and usage protocols.
- Hazard Communication (Subpart Z): Ensures that workers are informed about the hazards of chemicals they may be exposed to on the job, including the provision of Safety Data Sheets (SDS) and training on safe handling.
- Personal Protective Equipment (Subpart E): Mandates the provision of appropriate personal protective equipment (PPE) such as hard hats, gloves, and eye protection, as well as training in their proper use.
Training Requirements
- Overview: OSHA requires that employers provide training to workers about the hazards they may face and the proper safety protocols to mitigate those risks.
- Implications: Regular training sessions must be conducted to ensure that workers are familiar with safety measures and emergency procedures. This includes specialized training for handling specific hazards, such as electrical safety or working in confined spaces.
Recordkeeping and Reporting
- Overview: OSHA regulations require employers to maintain records of workplace injuries and illnesses. They must also report severe injuries, such as amputations, hospitalizations, or fatalities, to OSHA within a specified time frame.
- Implications: Keeping accurate records helps identify trends in workplace injuries and allows for targeted interventions to improve safety. Failure to comply can result in penalties.
Site-Specific Safety Plans
- Overview: Construction companies must develop site-specific safety plans that address the unique hazards associated with a particular project. These plans should outline safety protocols, emergency procedures, and training requirements.
- Implications: A well-implemented safety plan can help prevent accidents and ensure that all workers understand their roles and responsibilities regarding safety.
OSHA Inspections and Compliance
- Overview: OSHA conducts inspections of construction sites to ensure compliance with safety regulations. Inspections can be triggered by complaints, referrals, or severe accidents.
- Implications: During inspections, OSHA representatives assess the site for compliance with safety standards and may issue citations for violations. Employers are obligated to correct any cited hazards promptly.
Types of Construction Accidents on New York Construction Sites
Construction sites are inherently dangerous environments, and various types of accidents can lead to serious injuries and fatalities. In the experience of New York construction injury lawyers, some of the major types of construction accidents include:
- Falls from Heights: Falls are one of the leading causes of injuries and fatalities in construction. Workers may fall from scaffolds, ladders, roofs, or elevated platforms due to a lack of fall protection, slippery surfaces, or equipment failure. In New York, Section 240 of the New York State Labor Law holds employers accountable for providing adequate fall protection.
- Struck-by Objects: Workers can be injured or killed by falling, flying, or swinging objects on construction sites. This category includes accidents involving tools, equipment, and materials that are improperly stored or handled. A common scenario is a worker being struck by a tool that falls from a height or by heavy machinery that swings around.
- Electrocution: Construction sites often involve working with or near electrical systems. Accidental electrocution can occur due to improper wiring, contact with live wires, or using defective equipment. The dangers are heightened in environments where water or damp conditions are present, making it crucial for employers to enforce electrical safety standards.
- Caught-in/Between Accidents: These accidents occur when a worker is caught in or compressed by machinery, equipment, or materials. Common scenarios include being trapped between heavy equipment and a solid object or caught in machinery that is not properly maintained or operated. This type of accident can result in severe injuries or fatalities.
- Scaffold Accidents: Scaffolding is commonly used in construction to provide temporary support for workers. Based on this, improper setup, lack of safety rails, or failure to inspect scaffolds can lead to serious accidents. Falls from scaffolding can result in severe injuries or death, making adherence to safety regulations critical.
- Heavy Equipment Accidents: Construction sites often involve large vehicles like bulldozers, cranes, and forklifts. Accidents can occur when these vehicles collide with workers or other equipment, leading to serious injuries. Ensuring proper training and signaling on-site can help mitigate these risks.
- Slip and Fall Accidents: Slips and falls can happen due to wet or uneven surfaces, debris, or obstacles on the ground. These accidents can lead to various injuries, including fractures, sprains, and head trauma. Property owners are responsible for maintaining safe walking conditions to prevent such incidents.
- Burns and Explosions: Workers in construction may be exposed to hazardous materials, including flammable substances, which can lead to burns or explosions. Proper safety measures, including handling materials safely and using protective gear, are essential to prevent these types of accidents.
- Lifting Heavy Objects: Improper lifting techniques can lead to musculoskeletal injuries, such as strains and sprains, especially in tasks that involve heavy lifting or awkward positions. Training workers on proper lifting techniques and providing equipment to assist with heavy loads can help reduce these risks.
- Exposure to Hazardous Materials: Construction workers may encounter hazardous substances such as asbestos, lead, or chemicals that can lead to long-term health issues. Proper training, personal protective equipment (PPE), and safety protocols are vital for minimizing exposure and protecting workers’ health.
The Reluctance of Contractors and Insurers to Pay
The underlying reality in construction accident claims is that contractors and their insurance companies operate primarily with a profit motive. They do not prioritize the well-being of injured workers; rather, their goal is to minimize financial liability. This often manifests in various tactics aimed at reducing payout amounts. For instance, insurers may offer quick, lowball settlements, hoping that the injured party will feel pressured to accept the offer before they fully understand the full extent of their injuries or the impact on their future.
Moreover, insurance companies frequently employ experienced attorneys to dispute claims and challenge the validity of injuries, leading many claimants to feel intimidated. They may also use delay tactics, extending the claims process to wear down the claimant’s resolve, hoping that the individual will eventually settle for less than what is fair. This strategy often preys on the vulnerabilities of those who may not have the knowledge or resources to fight back.
The Advantage of Retaining Seasoned Legal Experts
Strong legal representation is vital in the face of such formidable opposition. Attorney Bruce Glickman, the highest-rated New York construction accident lawyer at Levine & Blit, brings extensive experience and a thorough understanding of insurance company tactics to the table. He recognizes that substantial settlements are offered when insurers fear the financial repercussions of a jury trial. His expertise allows him to navigate the complexities of construction accident cases and advocate effectively for his client’s rights.
Bruce’s proactive approach ensures that every aspect of the case is meticulously analyzed and no stone is left unturned. This involves gathering extensive evidence and leveraging expert testimony when necessary to strengthen the case against negligent contractors and their insurers.
Deep Knowledge of Construction Accident Laws
With over 36 years of experience in construction accident cases, New York construction accident lawyer Bruce Glickman has an in-depth understanding of the specific laws and regulations governing construction work in New York. He is well-versed in key statutes such as the New York State Labor Law, including Sections 240 and 241, which impose strict liability on property owners and contractors in specific scenarios. His familiarity with OSHA regulations further enables him to build robust cases that hold negligent parties accountable for workplace injuries.
Bruce’s comprehensive knowledge of the legal landscape surrounding construction accidents ensures that he can effectively advocate for injured workers, taking into account the unique challenges presented by each case. He’s not only a legal advocate but also an ally who understands the physical and emotional struggles his clients endure after an injury.
Proven Track Record of Success
Bruce Glickman’s impressive track record speaks volumes about his commitment to fighting for the rights of injured workers. With multi-million dollar verdicts and settlements secured for his clients, his success is a testament to his dedication and tenacity. Bruce understands that injuries sustained in construction accidents can lead to long-lasting physical, emotional, and financial challenges. He’s unwavering in his commitment to ensuring that victims receive the compensation necessary to address their current needs and future challenges.
This success is not accidental; it’s the result of Bruce’s strategic approach to every case. He invests the time and resources necessary to thoroughly prepare and present compelling arguments that resonate with juries and judges alike.
Committed to Your Best Outcome
What sets Bruce apart in his field is his dedication to achieving the best possible results for his clients. He understands that a strong, meticulously prepared case can encourage contractors and their insurance companies to engage in serious negotiations. By preparing each personal injury case with exceptional attention to detail, Bruce ensures his clients are in the strongest possible position to secure fair settlements and protect their rights.
Bruce’s strategic approach involves gathering comprehensive evidence, consulting with industry experts, and developing a compelling narrative that underscores the negligence of the parties involved. His focus on preparation not only strengthens his clients’ cases but also instills confidence, knowing they have a knowledgeable advocate committed to achieving the best possible outcome.
Call Bruce Glickman directly at (516) 987-8790 for a free case evaluation. Our firm is available 24/7, and we also speak Spanish.