Construction work is among the most dangerous occupations in New York, and falling structures can result in life-threatening entrapment as well as other injuries. Exposure to hazardous materials, blunt trauma, and neck and spine injuries can all result in long-term disability, permanent trauma, and even death. If you or a loved one suffered injury due to structural collapse, you may be eligible to file one or more lawsuits against the negligent party.
If you have a case, a construction accident attorney from Buttafuoco & Associates can help you recover compensation. Learn more below, or to learn more about your rights during a free consultation, call 1-800-NOW-HURT.
How Structural Collapses Occur
There are many causes of structural collapse on construction sites. If a builder cuts corners by using low-quality materials or allowing poor workmanship, the likelihood of collapse is higher. Old structures may contain materials that were once sturdy, but have lost strength over time. A failure to lay a proper foundation or address foundation problems can cause instability and eventual structural collapse. Other times, manufacturing and design flaws result in disastrous accidents.
It is important to note that some types of construction jobs are more prone to structural collapse than others. Trench construction, scaffolding collapses, and building demolition are jobs where workers are most likely to experience injuries due to structural collapse.
Trench Construction: In 2022, trenching and excavation deaths rose by 160 percent, according to Safety and Health Magazine. During trench construction, it is essential that the site planner and foremen develop a plan that promises structural integrity regardless of the impact of natural forces. A safely designed project, can withstand excessive rain, wind, and even seismic activity. However, a poorly designed project may collapse due to the elements, leading to workers becoming trapped and severely injured when a structure falls.
Scaffolding Collapse: In 2020, the Bureau of Labor Statistics (BLS) reported 52 fatal falls from scaffolding. When scaffolding is improperly constructed or anchored, or when serious wind or rain, it can buckle under the weight of workers, sending them falling from a great height. In scaffolding collapse cases, most workers are harmed due to slips and falls, or being struck by a falling object, but scaffolding can also fall on those working below. Scaffolding often weighs hundreds of pounds, and if it lands on a worker, it can result in serious injuries or death.
Building Demolition: According to statistics from the BLS, 78 deaths occurred among demolition workers in 2020, not to mention countless injuries. Even if a building is properly demolished, it is an incredibly hazardous process with a high risk of workers becoming trapped or even crushed under heavy falling structures. If the site manager fails to account for personnel during a demolition project, an employee could be trapped for dangerous amounts of time while running out of air.
Potential Injuries in a Falling Structure Accident
Blunt force trauma is among the most common injuries workers suffer after becoming trapped by a falling structure. Depending on the size and weight of the structure, a worker may sustain:
- Fractures
- Soft tissue injuries
- Internal bleeding
- Spinal injury leading to paralysis
- Brain damage from blows to the head
- Respiratory injury due to inhaling toxic irritants
- Post-traumatic stress disorder and other psychiatric conditions
The injuries that result from falling structure accidents are often severe, resulting in permanent disability or death. If you or a loved one has been injured in this type of accident, Buttafuoco & Associates’ construction injury attorneys in New York may be able to help with your case. Get in touch at 1-800-NOW-HURT for a free consultation.
Your Legal Options after Being Trapped by a Falling Structure
After a falling structure accident, if you have injuries, you have a right to file a workers’ compensation claim against your employer’s insurance. Sometimes, however, workers’ comp claims are challenging to resolve, as insurers will try to pay as little as possible, even for serious injuries. An attorney can help you negotiate with insurance companies to receive the compensation you are legally entitled to.
In addition to workers’ compensation, you may also have the right to file a lawsuit against an at-fault party. For example, under New York Labor Law 240/241 (i.e., the Scaffold Law), a property owner or employer has “absolute liability” for injuries suffered by an employee when the employer is in violation of certain “gravity-related,” scaffolding safety codes.
In Scaffold Law cases, the law does not require the injured worker (or family members if the fall led to the worker’s death) to prove that the employer/property owner was negligent or violating codes. This type of case can be quite complicated, so it is important that you not attempt to handle it on your own.
In cases involving other types of construction accidents, you may have to prove that your employer acted negligently–or that they failed to provide safe working conditions or warn you of unsafe conditions that caused your injuries. These cases, too, require nuanced legal knowledge, and working with a qualified construction attorney is typically in victims’ best interest.
Get in Touch with a New York Construction Accident Attorney
The damages resulting from entrapment by a falling structure can last a lifetime and prevent you from returning to construction work or any other occupation, and strap you with significant medical expenses. If you suffered serious or permanent damages, you might be entitled to significant compensation.
Buttafuoco & Associates is here to help injured New York workers who have difficulty collecting workers’ compensation benefits, as well as those who believe they are eligible to file a claim against an employer or another third party for negligence leading to entrapment.
Contact Buttafuoco & Associates at 1-800-NOW-HURT to schedule a free case review.