Workplace injuries can occur in virtually any setting, but certain industries have a higher rate of accidents and severe injuries.
Those who suffer injuries at their workplace should contact the industrial accident attorney at the Law Offices of Theodore A. Naima.
He focuses his practice solely on representing personal injury victims.
With 20 years of experience, he has recovered significant compensation for the victims and families in their industrial accident claims.
How Common Are New York Industrial Accidents?
Industrial accidents typically refer to any incident that occurs to a person during their regular employment in the industrial sector.
Some industries that report high rates of injuries and fatalities to include:
- Construction companies;
- Manufacturing companies and factories;
- Transportation and warehouse businesses;
- Agriculture, fishery, and hunting industries; and
- Health services and education.
According to the BLS, private industry employers reported 129,000 nondeadly workplace injuries and illnesses in the state in the last reporting year.
Two supersectors, health services, and education and trade, transportation, and utilities accounted for nearly 70 percent of the 129,000 reported occupational illnesses.
Common Types of Industrial Accidents
The types of accidents vary greatly among industries, occupations, and job duties. However, some common New York industrial accidents fall into general categories.
- Faulty machinery: Faulty machinery or defective machinery or equipment that has not undergone routine maintenance and repair is a common cause of workplace injuries.
- Collapses: Construction collapses often occur at construction sites, but they can also happen at any place of business. Sometimes, the failure to repair structures can cause unexpected and devastating roof collapses.
- Electrocution accidents: Electrocutions can occur anywhere, but certain workers who handle electricity daily may be more prone to these incidents. Further, electrocutions can happen in a public or retail building if there are electrical hazards or exposed wires.
- Falling Objects: Falling material and objects can be hazardous depending on the object, the height of the fall, and whether the victim has any protective gear available.
- Fires and explosions: Explosions and fires are similar to electrocutions in that there are specific industries where explosions and fires are more common; however, this can happen anywhere.
- Chemical exposure: Chemical and toxic exposure often occurs in factories or manufacturing. While some people may experience illness related to acute exposure, others may develop symptoms after long-term exposure.
- Scaffolding accidents: Scaffolding accidents usually involve falls from the scaffolding or objects falling from the scaffolding. These accidents may be the result of defective scaffolding, faulty assembling, and carelessness.
- Falls: Slips, trips, and falls are some of the most common industrial accidents. These accidents can stem from defective steps, slippery floor ways, or unmarked hazards.
All industrial accidents can have ripple effects in the surrounding area and may result in chain-reaction accidents and injuries.
Common Injuries Related to Industrial Accidents
Industrial accidents can cause a wide array of injuries and, in some cases, lifelong disability or death.
An attorney can help claimants secure compensation for damages related to:
- Broken or sprained bones,
- Brain injuries and concussions,
- Cuts and lacerations,
- Injuries causing vision or hearing loss, and
- Organ damage,
- Psychological conditions such as post-traumatic stress disorder, and
- Scarring and disfigurement.
Over 90,000 of the 129,00 private industry injuries and illnesses were categorized as “more severe.”
Specifically, these injuries caused workers to miss work days and experience job transfers or restrictions.
Causes of Industrial Accidents
Agencies such as the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety & Health (NIOSH) conduct research and make recommendations and regulations to prevent work-related injury, illness, and death.
Despite these well-known rules, many industries, companies, businesses, and organizations fail to abide by these required standards.
Entities that fail to meet these standards may be liable for negligence or wrongful death. These claims may be viable in cases where the entity was negligent in some way.
Negligence in the workplace takes a variety of forms, such as:
- Negligent hiring: Negligent hiring refers to situations where a company hires an employee without ensuring that they have the proper qualifications or clear the relevant background checks.
- Negligent retention: These claims may occur when a company retains an employee after the employee has been cited for previous infractions that risk the health and safety of others.
- Negligent training or supervision: Claims may arise if a company fails to provide adequate and ongoing training to an employee. Similarly, a claim may be viable if an employer fails to supervise an employee to ensure the employee is acting in a safe and reasonable manner.
- Failure to repair defective equipment: Companies that fail to inspect, repair, or replace defective equipment may be liable for inadequate or faulty equipment damages.
In light of relevant workers’ compensation laws, injured workers often bring their claims against liable third-party entities.
An attorney can assist accident victims in determining their rights and remedies in these cases.
Recovering Compensation after a New York Industrial Accident
After an accident, victims should consult with an attorney to determine the full extent of their damages and the most effective way of recovering compensation.
The most effective way to receive the compensation you deserve may be through a personal injury lawsuit against the responsible party.
In many cases, injuries and illnesses brought on by a workplace accident do not become apparent until some time after the incident.
However, an experienced attorney can work with clients to present a compelling and legally sound case for recovery.
After an accident, victims may secure compensation for losses related to:
- Emergency medical treatment,
- Inpatient hospital stays,
- Rehabilitation treatment,
- Psychological treatment,
- On-going medical expenses,
- Lost wages and benefits, and
- Pain and Suffering.
Additionally, under rare circumstances, the courts may permit punitive damages.
In New York, these damages are only permissible when the plaintiff establishes that the at-fault party’s conduct exhibited a high degree of moral culpability or that their conduct was wanton, reckless, or malicious.
Frequently Asked Questions About New York Industrial Accidents
Can I Sue My Employer If I Was Hurt on the Job?
In most cases, because of the state’s workers’ compensation laws, an employee cannot sue their employer for a workplace injury.
However, injury victims may pursue a third-party claim against any other at-fault party.
Depending on the situation, equipment manufacturers, suppliers, vendors, or other contracted service providers may all be liable for an industrial accident.
For instance, if you work in a warehouse and slip on some ice that has built up on the dock, you won’t be able to sue your employer.
Instead, you will probably have to pursue compensation through workers’ compensation. But say you were injured by the negligent act of a driver making a delivery to your employer’s warehouse.
In that case, you might have a third-party claim against the delivery company.
What If I Was Injured in an Industrial Accident but Was not an Employee?
This is a classic example of when you would likely be able to pursue a personal injury claim against the at-fault party.
For example, say a construction company is renovating your apartment building, but the company has failed to place warning signs or seal off dangerous areas, and you suffer an injury as a result.
In these kinds of situations, you have every right to pursue a personal injury claim.
What Factors Impact the Amount of Damages After a New York Personal Injury Claim?
The factors that affect a damages award include the circumstances of the accident, the severity of the injury, the length of recovery, and the potential insurance coverage.
Another important consideration is whether the injured worker was partially responsible for the accident.
If so, their total damages award may be reduced by their percentage of fault under the New York comparative negligence rule.
Is There a Damages Cap on a New York Industrial Accident Claim?
Unlike many other states, New York does not have a damage cap for noneconomic damages in a personal injury lawsuit.
Thus, victims of a New York industrial accident can recover the full amount of economic and non-economic damages awarded by a jury.
However, it is imperative to identify the full extent of your damages to ensure that a settlement or jury verdict adequately compensates you for all past and future expenses.
The information provided on this page speaks in general terms. Of course, there are often exceptions that apply in certain situations.
For a complete list of all exceptions, please consult the Consolidated Laws of New York.
Attorney Naima is also happy to answer any questions you have about your injuries or your ability to pursue a claim against the responsible party.
Did You Recently Suffer a Construction Site Injury?
If you sustained serious injuries in a New York industrial accident, reach out to the Law Offices of Theodore A. Naima for immediate assistance.
We can help you understand your rights and effectively pursue a claim.
Attorney Naima has over 25 years of experience connecting accident victims with the meaningful compensation they need, deserve, and are entitled to.
He regularly handles construction injury claims and knows what it takes to obtain the best possible result in your case.