Demolition is a normal part of construction activity in New York City. However, such activity comes with risks and dangers that increase significantly when safety regulations are not diligently followed at construction sites and when workers are not provided with the right personal protective equipment. Explosives are typically used in many demolition projects. While they have an essential role to play in this work, it is very important to make sure all safety procedures are followed here. Failing to do so may result in major injuries or even fatalities to workers and passersby.
What Causes Faulty Demolition?
Often, contractors or property owners/managers tend to cut corners or skip steps because of budget issues and tight deadlines. These types of hasty decisions put construction workers at risk. Here are a few examples of faulty demolition that can prove catastrophic for workers and others:
Inadequate planning: Regardless of the size of the demolition project, there is a process that must be followed to ensure safety and to prevent injuries not just for workers, but also passerby and others in the area. Contractors and property owners/managers can be held liable if they fail to plan out the demolition properly or if they are negligent (careless) and put workers’ safety at risk.
Safety violations: Explosives must be installed and detonated only by experienced professionals while following state, federal and local safety protocols. A contractor, site owner or third party may be held liable if the demolition activity violated regulations set forth by the U.S. Occupational Safety and Health Administration (OSHA), the New York State Industrial Code or any other local safety standards.
Uncontrolled collapse: When a demolition activity is being planned, it is important to properly calculate when and where debris is likely to fall. When this is not done properly, the demolition may cause large debris such as concrete and beams to fall below on to workers and passersby. These accidents can cause significant injuries or even fatalities.
Faulty explosives: Explosives that are defective can lead to an explosion that sets off a fire or releases toxins into the air, harming workers and neighbors. In such instances, product manufacturers and other involved third parties can be held liable.
Early detonation: An explosion that occurs prematurely or too early has serious consequences such as a worker falling from a height or launching debris that results in major injuries.
Contacting an Experienced Lawyer
Workers who have been injured in demolition or other construction-related accidents may be eligible to receive workers’ compensation benefits, which covers medical expenses and a portion of lost wages. In addition, workers may also be able to file a third-party claim against a negligent (careless) party other than the employer or co-employees for significant monetary damages and have two sources of compensation available for their losses. Examples of third parties include, but are not limited to, general contractors, construction companies, sub-contractors, building owners, managing agents etc. In cases where a worker dies from injuries suffered on the job, surviving family members may seek death benefits through workers’ compensation and/or file a wrongful death claim against a third party who may be held liable for the fatal incident.
If you or a loved one has been injured in a construction accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you. For over 51 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses.
Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job — one of the highest construction case settlements in New York that year. Our law firm also recovered $3,000,000 for a man who fell and suffered two broken legs when he walked into an open elevator shaft. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
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