In 2019 alone, there were around 8,100 construction injuries and illnesses recorded in New York. Among these are lacerations.
Working in construction can certainly be dangerous. One of the injuries that a construction worker can sustain is a laceration. Like most work-related injuries, a laceration can be expensive to treat and may prevent you from working.
Causes of Lacerations on Construction Sites
You can get lacerations from broken glass, faulty working equipment, and poorly kept tools. You may also be at higher risk of getting a laceration if you work in a construction site with exposed blunt objects or unsecured machinery.
Don’t ignore minor lacerations. Even minor construction lacerations are prone to infections, leading to nausea, chills, or fever. Severe infections may lead to the loss of a limb or even cause life-threatening conditions. If you suffer a laceration injury, be sure to seek medical care right away.
How Can You Protect Yourself From Construction Lacerations?
The Occupational Safety and Health Administration (OSHA) requires employers to provide safe and well-maintained working tools and equipment. You should also get safety training before embarking on a potentially dangerous job.
However, while your employer is responsible for ensuring that the construction site is safe, you’re responsible for your own safety on the job. As such, you should never leave sharp working tools exposed when not in use. Also, be sure to wear protective gear when working to protect yourself from unseen harm.
Who Should Be Held Liable for Your Laceration Injuries?
In New York, you generally cannot sue your employer or co-worker even if their negligence caused your injuries. So how will you get reimbursement for injuries? Well, a laceration that occurs on a construction site will be treated as a work-related injury. This means your employer’s workers’ comp insurance cover will likely take care of your damages.
What type of damages can you recover under workers’ comp? You may be able to recover compensation for medical expenses, lost wages, and disability. However, workers’ comp generally doesn’t cover pain and suffering.
We recommend speaking with an experienced construction accident lawyer before filing a workers’ comp claim or speaking with an insurance adjuster. An attorney can help you gather evidence and avoid mistakes that could jeopardize your case.
Third-Party Liability Claims
If an entity separate from your employer caused your laceration, you might consider pursuing a third-party liability claim. Third parties in construction injury cases may include subcontractors, developers, equipment manufacturers, or property owners.
Unlike workers’ comp claims, where proof of liability is generally not required, you will be required to prove liability when making a third-party liability claim. Proving a third party’s negligence can be a daunting task. Again, you’ll benefit greatly from the assistance of a skilled construction injury attorney to help you gather evidence and prove your claim.
Apicella & Schlesinger Attorneys at Law
At Apicella & Schlesinger, we have experienced construction accident attorneys who can help you protect your rights and interests after a work injury. Contact us today for a free consultation!