You show up expecting a regular day on the job site, but in a split second, an electrical arc, a chemical spill, or an explosion leaves you with severe burns. As a construction accident lawyer in New York, William Schwitzer & Associates, PC, has seen just how devastating work-related burn injuries can be. Understanding your legal options in New York can help you make more informed decisions and focus on your recovery.
Below, our construction accident lawyer in NYC explains how New York legal representatives might approach this type of case.
Understanding Burn Injuries on New York Construction Sites
According to the New York City Department of Health and Mental Hygiene, construction workers make up around 5% of the total workforce but account for around 27% of the region’s deaths due to work-related injuries. Burn injuries from construction accidents occur frequently, as building sites present numerous hazards. You may experience direct contact with hot surfaces, electrical equipment, welding equipment, or materials like asphalt, or experience burns from caustic chemicals, electrical shocks, or explosions.
Burn injuries vary in severity:
- First-degree burns affect the outer skin layer, healing with minimal treatment.
- Second-degree injuries may cause blistering and more intense pain.
- Third-degree burns may destroy all skin layers and damage underlying tissue, often requiring skin grafts and rehabilitation.
Some burns can result in permanent disfigurement, limited mobility, and psychological trauma. That’s why building a case with the help of a construction accident lawyer in NYC will take into account how your accident has affected every aspect of your life.
The Common Causes of Construction Burn Injuries
The Occupational Safety and Health Administration recorded 5,283 fatal work injuries in 2023, of which 1,075 fatalities were in private sector construction. Burns are only one of the types of possible injuries on site, but the consequences can be severe.
How burn injuries occur determines who the law may hold responsible. For example, electrical burns frequently happen when workers make contact with live wires, use faulty equipment, or work near power lines without taking the proper safety measures. In these cases, some or all of the responsibility may lie with a third party.
You could face chemical burns if you handle or are exposed to acids, solvents, cement, and other corrosive substances without adequate protection. People can suffer chemical burns through direct contact, inhalation, or eye exposure, and these injuries must be treated right away. The same urgency applies to thermal burns from contact with flames, hot materials, steam, or heated equipment.
Your Construction Accident Attorney’s Approach to Your Legal Rights as a Burn Injury Victim in New York
For 2023, the U.S. Bureau of Labor Statistics attributed 24 of New York City’s total 69 work injury fatalities to the construction industry. Due to the seriousness of the risks, New York provides multiple avenues after workers suffer burn injuries on the job. You might start with workers’ compensation, applying for medical benefits, or partial wage replacement.
If your workers’ compensation benefits don’t fully cover the extensive costs associated with severe burn injuries, you might then make a burn injury claim. Labor Law Section 240 and Section 241-6 establish strict liability for certain construction site injuries. If they failed to provide adequate safety measures, you may be able to hold property owners and contractors responsible.
New York’s workplace burn injury laws recognize that severe burns typically require extensive medical treatment and can permanently affect your ability to work. Medical expenses may represent a significant component of your damages, including due consideration of:
- Emergency treatment and hospitalizations
- Skin grafts
- Medications
- Physical therapy sessions
- Future medical care
- Reconstructive procedures after burns
Reporting worksite accidents in New York is important, as construction injuries often result in prolonged absences. If your burns prevent you from returning to your previous work on site, your construction accident lawyer in NYC may advise that you seek damages for wages lost during your recovery or for diminished earning capacity.
On the physical side, burns typically cause excruciating pain and suffering. Non-economic damages could address this physical pain and emotional distress, as well as psychological impacts like anxiety, depression, and post-traumatic stress, especially after disfigurement and significant scarring.
The Role of a Construction Accident Lawyer in NYC
The state imposes strict deadlines for filing burn injury claims in New York. For workers’ compensation, you must notify your employer about the injury within 30 days and file a claim within two years. You must file a claim within three years for personal injury lawsuits against third parties, unless it is a government entity, which usually brings this timeline down to 90 days.
William Schwitzer & Associates, PC, can help you navigate the complex interplay under the law by investigating the accident scene, gathering evidence, interviewing witnesses, and building a case. Since construction sites change rapidly, it is important to gather crucial evidence without delay, including medical records that properly document your injuries.
It is helpful to have a legal representative on hand when multiple parties bear responsibility for your burn injuries and determining liability becomes complex. A knowledgeable attorney can identify all potentially liable parties and avenues of recovery, guiding you through each step of the claims process or, if necessary, into the courtroom. You might also want your attorney to handle insurance company adjusters, who could pressure you into inadequate settlements that downplay the true cost of your injuries.
Contact William Schwitzer & Associates, PC, Today for Representation in New York
Severe burn injuries from construction accidents create hardships that no worker should face alone. Representing injured construction workers throughout New York requires a good understanding of the law, what the process involves, and how recoveries can help clients facing life-changing injuries. That’s why William Schwitzer & Associates, PC, offers legal guidance for construction accident victims and their families, providing compassionate support during these difficult times.
If you have suffered burn injuries after a construction accident, contact our construction accident attorney at William Schwitzer & Associates, PC, as soon as possible. Call (212) 683-3800 to schedule your case evaluation and discuss the various construction accident legal remedies available to you in New York.
Frequently Asked Questions About Construction Burn Injuries
Our construction accident lawyer in NYC hears many questions from clients. Here are some common ones about burn injury claims.
What Types of Burns Are Most Common on Construction Sites?
Construction workers commonly suffer from thermal burns when they make contact with scalding materials, sustain electrical burns from faulty equipment or power lines, or experience chemical burns from corrosive substances. Each burn type requires different but immediate medical treatment.
Can I Sue My Employer for Burn Injuries?
In New York, you would usually start with your employer’s workers’ compensation insurance claim. However, this depends on the severity of your burns and the medical coverage you need. You may decide to pursue claims against third parties, such as property owners, contractors, or manufacturers whose negligence contributed to your injuries.
How Much Does New York Labor Law Award for Burn Injuries?
The possible awards depend entirely on the unique elements of your burn injury case. The settlement payout or court ruling may take into account the burn severity, medical treatment, time missed from work, disfigurement, and other applicable damages.
How Quickly Should I Contact a Construction Accident Lawyer in New York?
If you’ve experienced a burn injury on a construction site in New York, you should seek medical treatment. It is also important to report to your employer within the given deadline and contact a construction accident lawyer in NYC to represent your claim.
