The Harding Law Firm News

Construction Accidents: What Are My Options When I Am Injured at Work?

The Harding Law Firm - Tuesday, November 17, 2015

—Helpful Tips from a Construction Accident Attorney

The construction industry is by far one of the most dangerous environments for its workers. In fact, according to the U.S. Department of Labor, there are approximately six million people working in the construction industry, which makes up about four percent of America’s workforce. As a whole, this industry is projected to grow by 7.4 million in 2022, adding the number of workers and potential for injury to job sites across the country.

Construction Injury Statistics

Construction sites are riddled with safety hazards that can result in serious injury or fatalities. In 2012, out of 4,175 workers, there were 806 fatalities in the construction industry. Over half of these fatalities were caused by:

  • Falls – about 34.6 percent
  • Being struck by an object- about 9.8 percent
  • Electrocutions – about 8.1 percent
  • Caught in or between something – about 1.6 percent

Construction workers also face a higher rate of non-fatal injuries; from burns to falls to broken bones. The causes of these injuries and fatalities can vary, but often they are due to employer or employee negligence, especially violations of OSHA safety standards and protocols.

What Options Do I Have If I Am Injured?

If you are injured in the construction industry, your best option for recourse is workers’ compensation benefits. Employers in New York are required by law to carry workers’ compensation insurance coverage for all employees. This coverage provides you with medical and lost wage coverages (up to a specific percentage) in the event you are injured. Even if you partially contributed to your injury or were at fault, you can receive workers’ compensation benefits for your work-related injury.

It is your legal right to have your workers’ compensation claim reviewed by a construction injury lawyer. Because these claims often involve complex legal issues concerning compliance with safety regulations, liability, and engineering, it is best to involve an experienced attorney. Having the facts of your case reviewed can make the process of filing your workers’ compensation claim much easier.

Speak with a construction accident attorney in New York today to review your options for workers’ compensation. Contact Charles Harding for a free consultation. You can also call us at 518-384-3400

Understanding Slip and Fall Accidents Among the Elderly

The Harding Law Firm - Tuesday, November 03, 2015

—Useful Advice from a Personal Injury Lawyer in Albany, NY

Have you or an elderly loved one ever experienced a slip and fall accident due to another party’s negligence? People do not just slip and fall because they become elderly; instead, there are several factors involved and often someone else’s negligence is at play. According to the CDC, 700,000 patients each year are hospitalized from slip and fall injuries – often for a broken hip or head injury. When the individual is a senior, their recovery and healing takes much longer and some unfortunate victims of a slip and fall accident may even become incapacitated for life. Do you have legal recourse in such a situation? Can you file for compensation to help pay for medical expenses? Consult a personal injury attorney to know for sure.  

Why Did I Fall?

Slip and fall injuries are common among all ages, but elderly individuals are more susceptible due to imbalances and weakened motor skills. However, their accidents too are often the result of a property owner or caregiver’s negligence. Just some instances that can cause you or an elderly loved one to fall include:

  • Loose Rugs or Carpeting - Whether these are in the elderly individual’s home, a home they are visiting or even a nursing home facility, loose carpeting and rugs are easily tripped over and can cause serious injury. Wet floors in public washrooms, folded carpets in a public library, a loose tile on a shopping mall floor—any of these could cause an elderly person to fall and be injured.
  • Neglect - It is not uncommon for caregivers to provide inadequate monitoring of their patients in a nursing home or in-home care setting. When a patient is neglected or not given the assistance they need, they could experience a traumatic fall while attempting to care for themselves.
  • Improper Maintenance - From ignoring spills on the floor to failing to shovel snow or remove ice from walkways, improper maintenance can cause serious falls. As an elderly individual, you may experience broken bones, bruising or be at high risk for bleeding due to blood thinning medications you are taking.

What Options Do I Have After a Slip and Fall?

If you have encountered a slip and fall accident, you may experience higher medical costs. As you age, you may also notice that it takes you much longer to recover from simple injuries and depending on medications you are currently taking, the healing process could be prolonged. If the accident happened on someone else’s property or because of another party’s negligence, you may be entitled to compensation for your injury and losses (such as medical costs, pain and suffering). You will need to speak with a personal injury attorney to discuss the factors of your case. Your attorney will need to be able to prove that:

  1. The property owner could have prevented your slip and fall
  2. The property owner failed to take measures to prevent the fall
  3. The property owner did not reasonably maintain the property
  4. You were injured because of the lack of maintenance or their negligence
  5. You suffered losses, such as medical expenses, as well as trauma

Speak with a personal injury lawyer in Albany, NY today regarding your slip and fall injury. Contact Charles Harding for a free consultation. You can also call us at 518-384-3400