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In mid-September, a Brooklyn resident was working at a construction site when a devastating accident occurred. While on the job, an excavator’s bucket suddenly fell on top of him, causing debilitating injuries to his foot and other areas of his body. In excruciating pain and uncertain about his next steps, he was referred to Hill & Moin, LLP for help in navigating the aftermath of this traumatic incident.

Upon meeting with the attorneys at Hill & Moin, the Brooklyn resident shared the details of his accident, and the legal team immediately laid out a plan to help him recover. They explained the steps that would be taken to ensure that his case would be handled efficiently to secure the compensation he deserved. The attorneys made sure he was well-informed throughout the entire process, answering his questions and keeping him up to date on every development along the way.

At the end of his case, the Brooklyn resident received a settlement of $1.8 million, which provided him with the financial security he needed after such a painful and life-changing experience. He was particularly appreciative of the care and professionalism of the Hill & Moin staff, describing them as “phenomenal”. Now, with his case behind him, he is hopeful for the future and plans to use this experience as an opportunity to invest in new possibilities and rebuild his life. The support he received from Hill & Moin has been instrumental in helping him move forward with confidence.

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Eldrick Pressley, a music enthusiast from Yonkers, New York, found his life taking an unexpected turn while working as a plumber. One day, he fell into a trench at work, sustaining injuries that left him in severe pain. After being rushed to the hospital, doctors determined he needed surgery to recover. Faced with mounting medical bills and the desire to pursue justice, Eldrick decided to take legal action. He reached out to the attorneys at Hill & Moin, LLP, where he was welcomed with open arms. The team carefully walked him through every step of the legal process, making sure he was fully informed and comfortable along the way.

Eldrick was impressed by the level of care and attention he received throughout his case, commenting that working with Hill & Moin felt “like being part of the family.” The attorneys and staff kept him updated at every stage, providing the support he needed during such a challenging time. Thanks to their expertise and dedication, Eldrick’s case was settled for an incredible $1.7 million! Grateful for the outcome, he’s now planning to go back to school to pursue a degree in computer engineering. Eldrick gave his experience with Hill & Moin, LLP a glowing 5-star review, saying that Hill & Moin defined excellence and commitment to his case.

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Construction site accidents are all too common in New York City. The types of injuries sustained in such incidents can have life-long repercussions. If you have been hurt in a construction accident, you may be facing a difficult recovery, emotional trauma, and financial hardships.

The Occupational Safety and Health Administration (OSHA) is a federal agency aiming to ensure safe working conditions across industries throughout the US. If OSHA violations caused you to suffer an injury in a New York construction accident, there may be serious penalties for the responsible parties. Additionally, OSHA violations may warrant pursuing a construction injury lawsuit.

In this article, we will take a closer look into OSHA’s construction workers’ rights and protections as well as common OSHA violations. We will also discuss how an OSHA citation may impact your construction accident case.

Understanding OSHA Construction Industry Rights and Regulations

OSHA has instituted a number of regulations governing construction site safety. These construction industry standards are regularly revised and updated. Workers are entitled to a safe workplace free of known health and safety hazards.

OSHA wants to protect workers by giving them the right to:

• Receive workplace health and safety training in a language you understand
• Work on machines that are safe
• Refuse to work in a situation in which you would be exposed to a hazard
• Receive required safety equipment, such as gloves or a harness and lifeline for falls
• Be protected from toxic chemicals
• Request an OSHA inspection and speak to the inspector
• Report an injury or illness, and get copies of your medical records
• Review records of work-related injuries and illnesses
• See results of tests taken to find workplace hazards
• Speak up about hazards without fear of retaliation

OSHA general regulations apply to most private sector and some public sector employers as well as their workers. Failing to uphold the safety code and employees’ rights can have grievous consequences for all involved.

Frequently Seen OSHA Violations

According to the US Bureau of Labor and Statistics, construction had the most fatalities among all private industry sectors in 2023. Regrettably, a number of these deaths could have been avoided had safety standards been followed.

OSHA publishes an annual list of the 10 most frequently cited standards following worksite inspections for all industries. Violating these standards brings to light the hazards faced by numerous construction workers.

The 10 most frequent safety and health violations in 2023 were:

1. Fall protection: In many instances, construction employers fail to provide the required fall protection equipment. These include safety harnesses, safety nets, guardrails, handrails, and stair railings.
2. Hazard communication: Chemical manufacturers are required by OSHA to prepare safety data sheets (SDS) and labels listing hazard information. Frequent violations include improper labeling, failure to maintain SDS, and inadequate training.
3. Ladders in construction: Ladders must be inspected regularly for structural defects and replaced if damaged. Common violations include failing to ensure the ladder could support the weight, using ladders on uneven surfaces, or using ladders for unintended purposes.
4. Scaffolding: Some common breaches of scaffolding regulations include structural instability, insufficient weight capacity, improper guardrails, and improper platforms.
5. Powered industrial trucks: This refers to forklifts or lift trucks, among others. Employers have received citations for failing to properly train, license, and evaluate operators or for not displaying vehicle capacities.
6. Control of hazardous energy (lockout/tagout): Energy sources, including electrical, chemical, mechanical, hydraulic, thermal, or pneumatic energy in machines could be released and be hazardous to workers. It is critical to establish control programs, train workers, and use lockout/tagout equipment properly.
7. Respiratory protection: Employers are responsible for training workers regarding the hazards of toxic fumes, gases, and vapors. Workers must be provided with personal protective equipment (PPE).
8. Fall protection: This standard refers to the failure of employers to train construction employees adequately on fall protection.
9. Eye and face protection: This refers to construction workers’ failure to use proper PPE. These may include safety glasses, face shields, earplugs, and respirators.
10. Machinery and machine guarding: OSHA requires conscientious safeguarding of any moving machine parts that could potentially cause injury. Employers have been cited for failing to install or incorrectly installing safeguards.

Properly implementing and following OSHA regulations can be a matter of life and death. If you have been injured or a loved one has died on a New York construction site, an experienced construction accident lawyer can advocate for you. He or she can investigate to determine whether OSHA standards were broken and ensure that all responsible parties are held accountable for your losses.

How OSHA Enforces Construction Site Standards

OSHA endeavors to protect construction workers by regularly inspecting construction sites. Right of Entry regulations have been instituted. These allow OSHA inspectors to ensure that federal laws and safety rules are enforced.

OSHA has the authority to cite employers for safety violations and to require that problems be corrected. Repeated or severe violations by construction companies and others can result in large fines and work-stop orders.

OSHA’s Construction Accident Reporting Requirements

Employers are legally required to promptly report serious injuries or fatalities to OSHA. An in-patient hospitalization, amputation, or eye loss must be reported within a very limited time frame. Reporting a workplace fatality is normally required within several hours of the incident.

An OSHA inspector will review the construction employer’s operations. Through a worksite investigation, any safety hazards will be documented. Furthermore, OSHA may investigate construction sites in response to complaints from workers that the company is breaching workplace safety standards.

The results of an OSHA investigation can significantly impact the results of a construction accident case in New York City. OSHA’s findings of willful noncompliance with federal laws and citations for violations can be used as evidence in a personal injury claim.

Seeking Compensation After a New York Construction Injury

An OSHA violation is a serious matter. Construction workers deserve just compensation when employers fail to uphold health and safety standards.

While workers’ compensation benefits generally provide medical and disability coverage to injured workers, there may be other avenues of restitution. Depending on the circumstances and severity of your work accident, you may be eligible to pursue a personal injury claim for additional compensation.

Injured construction workers may qualify for compensation for such things as:

• Medical expenses
• Lost wages
• Reduced earning capacity
• Disability benefits
• Emotional pain and suffering
• Wrongful death benefits

Construction accident cases can be complicated. It is advisable to consult an experienced personal injury lawyer after sustaining serious injuries. Your attorney can use his or her know-how and resources to pursue every avenue of compensation available.

Contact New York Construction Accident Lawyers Who Care

Construction site injuries can be terrifying. In New York State, employers are required to uphold OSHA standards for all construction workers. Recovering from a serious workplace accident can seem like an uphill battle – this is no time to go it alone.

The professional and compassionate construction accident lawyers at Hill & Moin LLP are the champions you need after a New York construction site injury. Our legal team well understands OSHA laws and regulations and how they apply to injury cases across the construction industry. When we take your case, we will do all in our power to ensure that all parties are held liable for unsafe workplace conditions.

At Hill & Moin LLP, we offer our clients Personal Injury Recovery Solutions® that work. Learn what our dedicated and results-oriented lawyers can do for you by calling (212) 668-6000 or filling out our online contact form to schedule a free case evaluation. 

Don’t wonder about your rights!

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Life can change in an instant, and for one man, it changed while he was doing something as routine as climbing a ladder on the job as a gardener. While shaping up a tree as part of his work routine, he fell from a ladder, sustaining a back injury that ultimately required screws to stabilize his spine. Would he be able to return to work? How would he make ends meet? What would life look like after such a traumatic injury? The answers to these questions weren’t clear, and he found himself needing the support of a skilled attorney to navigate the complexities of a personal injury case. After hearing great things from other attorneys, he decided to contact Hill & Moin.

From the first consultation, he was impressed by the professionalism and compassion of the staff. Hill & Moin not only handled his case expertly but also supported him through every step of his recovery. The team assisted with scheduling appointments and ensured he had everything he needed, providing peace of mind during a very stressful time.

When it came time for the legal proceedings, Hill & Moin’s efforts paid off. The settlement they secured for him was far greater than he had ever hoped. He was grateful for how the attorneys fought for his best interests, ensuring that he received a settlement that would truly help him move forward with his life.

When asked how he would rate his experience with Hill & Moin out of five stars, Ventura didn’t hesitate. “Five,” he said. “And more if I could.” He was beyond impressed with not only the outcome of his case but also the level of care and attention he received throughout the entire process. It was clear that Hill & Moin had earned his complete trust and gratitude.

The settlement of the case gave him the financial freedom he needed to start thinking about the next chapter of his life. After much thought, he is considering moving back to Guatemala to buy a house. For him, it wasn’t just about financial compensation, it was about finding a fresh start and a way to rebuild after the trauma of his work injury and recent family deaths. We’re honored to have been a part of his journey and wish him all the best as he begins the next chapter of his life in Guatemala.

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Aleksandr S. was in Brooklyn where he worked as a welder when an unfortunate workplace accident happened on the job resulting in painful head and facial injuries. Aleksandr S. was rushed off to the nearest hospital where he received stitches. Still in pain, Alexander S. knew he deserved more his injuries and that is when he got in touch with dedicated legal team at Hill & Moin, LLP.

When reviewing his experience at Hill & Moin, Aleksandr S. explained that he found it great and appreciated how steadfast and determined the attorneys were in ensuring that he received excellent legal representation. When the case was settled, Aleksandr was awarded $1,000,000 dollars as compensation for his neck and shoulder injuries thanks to the hard work of attorneys Eric Wittels and Melisande Hill.

Ready to leave this unfortunate accident in the past, Aleksandr S. and his wife are optimistic about their future and hope to buy a home with his newly awarded settlement check.

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Ivan was working at a construction site. He was on a ladder removing a nail from the ceiling when the ladder began to shake due to hazardous flooring. As a result, the ladder collapsed and he fell off. Ivan injured his left shoulder, left knee, neck, and back. He underwent surgeries to his left shoulder and left knee.

A colleague suggested that Ivan contact Hill & Moin. He called them and they immediately began working on his case. They conducted an investigation of the construction site and searched for work permits. They skillfully litigated his case and obtained an amazing settlement for Ivan in the amount of $950,000!

When Ivan was informed of the news, he knew that his life had changed for the better. He can now pay off his debts and purchase an apartment. He is thankful for the lawyers and staff at Hill & Moin LLP.

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The tragic events of September 11th, 2001 devasted the nation, especially New Yorkers. But for M.C. and her family, it will forever be felt even closer to the heart. M.C.’s husband had been employed as a worker for the sanitation department in Manhattan. Despite the emotional turmoil of the situation, he pressed on and continued with his duties on the job.

What he may not have been aware of was that he was left exposed to various nasty toxins and chemicals, day in and day out for many hours. Fatefully, this eventually led to the development of his fatal lung cancer. M.C. and their family were crushed by their loss and reached out to Hill & Moin, LLP for guidance and support in the wake of their tragedy.

Recognizing that the attorneys had significant experience navigating 9/11 Victim’s Compensation claims, she was certain that they would be able to prevail. Although the circumstances that brought M.C. to Hill & Moin’s door were heart-rending, she was comforted by the way they handled her claim and the delicate care that they showed, all while laboriously securing her a settlement of over $600,000 for the devastation she and her family had experienced.

Beginning to build back her life, M.C. hopes to invest her newly awarded funds in home improvement projects to brighten up her days.

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While it’s true that certain occupations may come with a higher level of risk, that’s no excuse for job-site conditions which result in workplace injuries. P.S. discovered this first-hand during one particularly disastrous shift while working as a carpenter. Arriving at the job-site bright and early P.S. reported several floors above the ground to begin working, donning all the necessary protective safety gear. While operating an electric saw to cut wood, P.S. lost his footing when he stepped on a stray piece of debris on the floor. The disruption caused the saw’s blade to change direction, concurrently severing a portion of his index finger. Much to his horror, P.S.’s situation only worsened from there. As he was in the process of descending a ladder to return to the ground floor, the structure wobbled and jolted him off sending an already-seriously hurt P.S. tumbling to the ground. P.S. was immediately seen by medical care providers and while grateful for his life, he felt that he deserved justice. When he reached out to discuss his case with Hill & Moin, LLP, they agreed. With tireless grit, the attorneys managed to secure a settlement of $2,000,000 for all that P.S. had suffered. Upon being asked about his experience working with Hill & Moin, he found that their frank communication style and candor reassured him. He noted that the staff is quick to follow up with questions and concerns, making him feel included and informed. Now enjoying a chance to reset, P.S.’s only plans are to spend as much time as possible with his young grandchildren and build a nest egg to cover all of life’s future unexpected predicaments.

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GD was working on a construction site building a ceiling when it collapsed, causing him to fall down at least 9 feet. Due to this incident, GD suffered injuries to his left foot and right shoulder.

In order to ensure that GD would be properly compensated for his injuries, he searched for a law firm that was known for their excellent representation. Upon meeting with the attorneys at Hill & Moin LLP, GD retained them to handle his case. GD had no doubts that the attorneys and staff at Hill & Moin LLP would only perform the best work for him. Despite fierce litigation strategies by defense counsel, GD became the elated recipient of a $1,750,000 settlement.

When Hill & Moin LLP informed GD of his settlement award, he was relieved to see that he made the right decision choosing Hill & Moin LLP. Despite the COVID-19 pandemic, his case moved ahead to a most favorable conclusion. GD was extraordinarily satisfied with the work Hill & Moin LLP did for him. GD plans to use the proceeds to upgrade the lives of all members of his family. GD strongly recommends Hill & Moin LLP to anyone searching for the best legal representation.

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Workers are injured every day in New York. From construction accidents to office injuries, workplace injuries can cause severe harm. In New York, workers’ compensation law is usually the key to on-the-job injuries.

Known as the “exclusive remedy” for workplace injuries, workers’ compensation is one of few ways that injured employees may seek financial relief for their pain and suffering. Employers must pay for workers’ compensation insurance, and they are, in turn, immune from injury lawsuits. That means that if you’re injured at work, most of the time you can’t sue a co-worker or your employer for any negligence that may have caused your injury.

The workers’ comp system can be mutually beneficial for both employee and employer, as the benefits should begin right away and no further legal action is required. The injured employees at the average workplace would have no need to sue their employer or coworkers, while there are some notable exceptions.

When Workers’ Compensation is Not Enough

In New York, it is extremely rare for an injured employee to sue an employer. Usually, the employee would pursue a workers’ compensation claim through the employer’s insurer, and even if denied the first time, the worker can appeal and may eventually get the compensation to which he or she is entitled.

However, in some extreme cases, an employee may file suit against his or her employer. There are two instances in which we might advise our client to sue the employer:

1. 1. The employer caused the injury intentionally. While this is very rare, your employer may have intended to cause you harm and acted in such a way with the express intention of hurting you. If so, you may sue your employer for damages. Negligence, though, is not enough to file a suit against your employer.
   2. The employer is not sufficiently insured. If your employer does not have adequate workers’ compensation coverage or perhaps any at all, you may be able to file a lawsuit against your employer. This would allow you to receive the damages that you would normally have received through the workers’ compensation process.

While these two instances are very rare, they do happen. The best thing in any scenario involving failing to receive your workers’ compensation would be to speak to an experienced lawyer.

Suing Versus Filing a Claim – The Difference

Many people think that filing a workers’ compensation claim and suing an employer are the same thing. These are, in fact, two very different actions. Going through the workers’ comp process involves dealing with the employer’s insurance company and may not involve lawyers nor a court of law. Suing your employer, on the other hand, means that you file a personal injury lawsuit against the entity or person that employs you.

In a perfect world, workers’ comp is done quickly and internally, while you get all the help and financial support that you need for your recovery. In reality, though, there are often times when employees are not given the amount of compensation or time off that they deserve. Worst case scenario – an employee may have his or her claim denied and the employer’s insurance company may refuse to pay them any benefits.

It’s at this point that some people would want to sue their employer. However, under workers’ compensation law, that is not the next step. Rather, you can appeal the decision through the New York State Workers’ Compensation Board. Before going through with your appeal, it’s always a good idea to get legal advice from a workers’ compensation lawyer who knows how the process works in New York.

Workers’ compensation claims can usually be resolved through the appeals process before the workers’ compensation board. However, as previously mentioned, if the employer’s insurance is inadequate, or the employer deliberately tried to cause harm to the employee, then – and only then – can the employee sue his or her employer. 

Help On Your Journey to Compensation

Any claim or lawsuit can seem daunting on your own. You know that you may be entitled to compensation for your workplace injuries, but you could be unsure as to how to get it. That’s where Hill & Moin comes in.

Our New York workers’ compensation lawyers are compassionate and knowledgeable. Dealing with our firm is like having a lawyer in the family. No question is too small and no case is too complex.

We want to answer your questions and help you get the compensation you deserve. Even if you are an undocumented worker, we can help you pursue workers’ compensation by law at no risk to you.

Dealing with workers’ compensation in New York is a challenge, and you might be wondering whether you even have a solid potential lawsuit against your employer. Help is here for the taking – don’t hesitate to get in touch with Hill & Moin’s workers’ compensation attorneys in a free consultation.

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