Rosenbaum & Rosenbaum, P.C. | July 19, 2022 | Construction Accidents
The construction industry generates millions of dollars each year. However, it is a difficult and dangerous industry for the workers. The risk of injury on a construction site from falls, being struck by objects, electrocution, and being caught in-between objects is high.
Therefore, it is crucial to have adequate safety gear on a construction site in New York. Employers and property owners could be held liable if they do not have the required safety gear available and an injury occurs.
What Types of Safety Gear Do New York Construction Sites Need?
Construction sites should have safety policies that protect workers and others from injury and death. As part of their safety policies, construction sites should require specific safety gear to be worn on site. In addition, federal law requires employers to provide specific types of safety equipment for construction site workers.
Examples of safety gear on a construction site include:
OSHA Safety and Health Regulations for Construction require head protection for employees working in areas with a danger of head injuries from falling or being struck by falling objects. Also, head protection is required when there is a risk of injury from electrical shock and burns. Employers must provide head protection for employees that meets or exceeds standard specifications.
OSHA also requires that employers ensure that employees wear protective footwear when there is a danger of foot injuries from:
- Falling objects
- Rolling objects
- Objects present that can pierce the sole
- Electrical hazards
Protective footwear can also prevent an employee from slipping and falling on certain surfaces. The footwear should comply with safety standards.
Occupational noise can cause severe hearing damage. Over 22 million workers are exposed to hazardous noise levels at work. Construction workers could sustain hearing loss because of the loud noise on a construction site.
OSHA states that protection from noise exposure should be provided to employees when sound levels exceed a certain level.
Fall Protection Equipment
Workers who could fall should use personal fall arrest systems. In addition, the company should use safety net systems, written and physical warnings, and guardrail systems to prevent falls.
Safety gloves are not always required on a construction site. The need for hand protection depends on the type of work a person performs. For example, an employee working with electrical wires, toxic chemicals, or concrete generally needs protective gloves.
Each construction site is unique. Therefore, additional safety gear might be required depending on the job specifications and construction site conditions, including high-visibility vests and respirators. Check with your employer or human resources department for a complete list of safety gear required at your construction site.
Can I Sue My Employer for Failing to Provide Safety Gear on a Construction Site?
Most construction-related injuries are covered by workers’ compensation insurance. However, an employer’s failure to provide personal protective equipment (PPE) required by federal law or New York state laws could make an employer liable for an employee’s injuries or death.
It’s best to speak with an attorney if you’ve been injured on a construction site to determine your options for compensation.
What Types of Injuries Can Result from Failing to Use Construction Safety Gear?
Types of construction site injuries that could occur because of a failure to use safety equipment include, but are not limited to:
- Broken bones and fractures
- Traumatic brain injuries
- Blindness or vision loss
- Chemical burns
- Deafness or hearing loss
- Occupational disease
- Severe disfigurement and scarring
- Internal organ damage
- Crushing injuries
- Amputations and loss of limbs
- Head, neck, and back injuries
If you are hurt on a construction site, talk with a New York construction accident lawyer about your injury. If you have a claim against your employer for negligence, you could recover compensation for damages not allowed in a workers’ comp claim.
What Damages Are Available in NY Construction Site Accidents?
Violations of the New York Labor Laws or federal safety regulations could give a construction worker a cause of action for negligence.
The compensation for a negligence claim could include:
- Past and future medical bills
- Nursing and personal care
- Past and future loss of income and benefits
- Emotional distress and mental anguish
- Out-of-pocket expenses
- Diminished earning capacity
- Scarring and disfigurement
- Decreased quality of life
- Permanent impairments and disabilities
The compensation for a workers’ compensation claim is limited. You do not receive reimbursement for all lost wages and nothing for pain and suffering. Before assuming you cannot file a negligence lawsuit because your injury was work-related, talk with a construction site injury lawyer in New York about your legal options.