Posted on: June 23, 2012
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Each year thousands of construction workers are injured or killed in construction site accidents. Even though construction companies are typically obligated to inspect each site with safety engineers and provide safety programs, accidents still occur.
Construction work can be a very dangerous job. Laws are put in place to improve the safety of construction sites so that injury of workers is kept to a minimum. However, due to the nature of the work, completely eliminating the risk of injury on a job site is simply impossible.
Worker’s compensation is a benefit put in place to compensate workers who have been injured on the job. Even if an injury causing accident is not the fault of any negligence on a part of the construction company or any individual, the injured party is most likely entitled to some sort of compensation for injuries. This benefit is a protection to workers left with the inability to work or with limitations on the type of work they can do. Worker’s compensation helps the injured party to be able to continue to care for financial obligations while unable to work. Benefits awarded in a worker’s compensation claim are related specifically to the type of injury incurred, the severity of the injury, expected recovery time and the injured worker’s salary.
There are some cases, however, where an injury does occur due to negligence on the part of the employer. If this is proven, the injured party has the right to a law suit claim. Employers have an obligation to its employees and others that may be on a job site to maintain a safe environment on the construction site. Construction equipment must be inspected and maintained for the safety of operators. Safety procedures must be established and enforced on the site and any potential hazards must be clearly pointed out to all who might be in danger. If there is evidence that the employer has failed to meet its obligations in these regards, the employee has a legal right to sue for damages.
The safety of construction equipment is a key factor in maintaining a safe construction site. If a manufacturer defect is the cause of an injury, the manufacturer may be held liable. Proper inspection and maintenance of all equipment and tools used is extremely important.
While worker’s compensation benefits pay a portion of lost wages so that injured persons can continue to meet their financial obligations, it does not compensate for the emotional and physical pain and suffering of the injured party or their family, nor does it pay compensation for fatalities. It is important, therefore, to determine if there was neglect on the part of the employer, the manufacturer of equipment or any other responsible party, that might warrant the filing of a law suit.
If you or a loved one is in need of legal assistance,call Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. at (212)-354-6800 or toll free 1 800 LAW 3369 or submit an online questionnaire. Our firm offers a free case evaluation and our dedicated team can help you understand your legal rights and obtain the compensation you are entitled to.