Managing Partner
There’s a lot of movement on construction sites, much of which involves debris. Despite safety rules, mistakes can happen that cause tools and other items to strike workers. When this occurs, an injured worker can take legal action to recover compensation.
Doing so will require a law firm that is committed to seeking the best possible outcome for your situation. In Long Island and elsewhere in New York, that firm is Dell & Dean PLLC. Find out how our trusted team of personal injury lawyers can advocate for you.
Construction Site Debris That Could Injure You
Unfortunately, there is no shortage of items on construction sites that could fly into the air or fall off scaffolding and cause an accident. Here are a few of the most common examples:
- Construction materials: Anything that was used in the building or construction work could easily harm others. Lumber, concrete, steel, bricks, and more can fall onto someone or otherwise cause them injury.
- Equipment and tools: It’s common for various tools, pieces of equipment, and machinery to be scattered around Long Island construction sites. Misuse can cause them (or one of their parts) to fly into the air and strike someone.
- Small, loose items: This category covers things like gravel, dirt, sand, small rocks, and the like. These can especially cause injury to the eyes and face if precautions are not taken.
- Construction waste: Items that are thrown out, such as metals, plastics, chemicals, and trash, should be properly secured and not allowed to fall off scaffolding or fly into the air and injure someone.
Who Is Liable for Construction Debris Accidents?
Although you can pursue a workers’ compensation claim through your employer, you may also be able to hold certain third parties liable for your injuries. Depending on the facts of your case, these may include the property owner, a contractor, an equipment manufacturer, and others.
The basic elements of a Long Island personal injury lawsuit are:
- Duty of care: The at-fault party has a duty to act with reasonable care and avoid actions that can cause foreseeable harm. The maker of a piece of equipment, for instance, should design and build its products in a way that parts don’t fly off and hit someone.
- Breach: A breach of the duty of care occurs when a party acts or fails to act in a way that amounts to legal negligence. It also includes recklessness and intentional misconduct.
- Causation: The breach must somehow directly cause injury to the construction worker. If someone or something else intervened in the chain of events, causation could be in doubt.
- Damages: Finally, the construction worker must prove the nature and amount of their damages. These include things like medical bills, lost income, pain and suffering, and more.
Gathering Evidence After Your Long Island Construction Debris Injury
You will need to produce evidence related to the above elements if you wish to claim personal injury damages. Our construction accident lawyer can help. Some of the evidence that you may need could include:
- Photos and videos: You should take pictures and record videos of the accident scene, the debris that struck you, and your injuries.
- Eyewitness statements: If anyone observed you being hit with the debris, get their names and contact information.
- Incident or accident report: You may have made an incident or accident report after your injury, including for purposes of collecting workers’ compensation, and you should get a copy of this document.
- Medical bills: Keep all records concerning the treatment of your injuries, including bills, prescriptions, doctors’ notes, and more.
- Income records: You may miss work due to your injuries, and you should document exactly how much you miss for purposes of calculating your damages.
- Miscellaneous expenses: Little costs that are incidental to your accident can quickly add up, so keep a record of these for later.
- Personal notes: Also be sure you make ample personal notes that detail your pain and suffering, limitations due to your injuries, and more.
Injured on the Job Site? It’s Time to Explore Your Options
Construction workers who have suffered injury from flying and falling debris have options for recovering compensation. If you were in an accident, it’s time to talk with the Long Island attorneys of Dell & Dean PLLC. Reach out to us to schedule your initial consultation today.
