Lipsig, Shapey, Manus & Moverman

Friday, March 24, 2017

Construction Accidents By The Numbers

It has been documented that each day two construction workers die because of work related injuries in the United States. To be specific, one in five workplace fatalities is construction related. The most commonly reported causes of these construction related fatalities are falls, electrocution, struck-by an object and caught between objects accidents. Below are the statistics of these construction related accidents.

Accident Statistics

Falls 

Falls account for 36.9 per cent of construction related accidents. What leads to these falls are wall openings, unprotected sides, floor holes and ladders that are not used correctly among other things.

Struck-By-Object

Struck-by-objects account for 10.3 per cent of construction accidents. The name says it all and struck-by-object accidents ted to be caused by vehicles or falling or flying objects on the site.

Electrocutions 

Common factors of electrocutions on construction sites are contact with power lines as well as a lack of ground fault. Electrocutions account for 8.9 per cent of accidents on site.

Caught Between Objects

Caught between objects accidents reportedly add up to 2.6 per cent. Some of the causes for these accidents are a lack of protective systems and a failure to inspect trench and protective systems.

Other Construction Accident Risk Factors

Other injuries that are likely to occur following one or some of the accidents listed above include:
  • back or neck injuries
  • amputated limbs
  • blindness
  • deafness
  • serious scarring
  • death
An employee needs to be well versed in knowing whether or not to sue an employer or file a workers' compensation claim instead. It does stand to reason that sometimes the owner of the premises, the general contractor or other contractors can be held liable in circumstances where employees have been injured on the job.

If you or a loved one was injured on a construction site, contact us at:

Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101
929-239-4664

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When Can You Sue For A Workplace Injury?

The general rule when it comes to injuries in the workplace is that only workers' compensation insurance is what you need to pursue. However, this is not entirely true. Workers' compensation can provide some financial relief, that financial relief is usually quite low and issues like pain and suffering are not well compensated for. This is why a personal injury lawsuit is a better option in order to receive punitive damages. Here are some of the situations where you can pursue a personal injury lawsuit for injuries caused on the job.

 Defective Product Injuries

Defective product injuries are classified as injuries that happen because a machine or some equipment is defective, failed to work properly or is inherently dangerous. The manufacturers of the machine or equipment can be held liable in such circumstances if they knew that their equipment was faulty. If the manufacturers did not warn of any possible dangers, they would have to compensate an injured worker for things such as lost wages, medical bills and pain and suffering. An injury due to a defective product calls for you to speak to a qualified attorney about your rights and the right action to take.

Injured By A Toxic Substance

Substances such as asbestos, benzene, chromium compounds, silica, and radium can cause a toxic reaction in workers that makes them sick or cause serious injuries and illnesses. If such injuries or illnesses related to toxic substances can be subject of a lawsuit.

There are two types of injuries that can happen due to toxic exposure and they are acute injuries and latent injuries. Acute injuries are the ones you see immediately and latent injuries can take years to appear and can be in the form of cancers and lung diseases. Acute injuries can include chemical burns and poisonings. When a worker is exposed to toxic substances a lawsuit can be rightfully pursued.

If you have been injured by a defective product or made sick by toxic substances, you can sue your employer with the correct legal guidance.

Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101
929-239-4664

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Dangerous Construction Equipment

Power tools and construction go hand in hand and they can always be very dangerous on sites. Although power tools are going to be on site, sometimes workers are not fully equipped to use these tools and they can create dangerous situations and injuries for them and other workers around.


Top 3 Dangerous Construction Tools

 

Chainsaw 


Chainsaw are as deadly as they appear to be in horror movies and even more probably. Chainsaws are among one of the most common causes of serious injuries on construction sites. They can lead to severed limbs among other injuries. What makes chainsaws dangerous is their size and weight and the cutting saw operating at high speed. All these factors make this power tool very dangerous.

Nail Gun


Yes, just like the name sounds, it works like a gun and fires out nails with incredible force that penetrates inches into hard wood. A lot of injuries on construction sites are also attributed to nail guns and sometimes those injuries happen because the safety mechanism on them can become defective. It is very important that a nail gun is never pointed at anyone on site and extra caution is taken while using one.

Ladders


Although ladders are not power tools they still need to be recognized for the potential harm they can cause.Whether old, broken, or weak, ladders can give way at any time. A ladder that falls apart can result in major injuries due to a fall. If a ladder is not placed correctly it can easily slip and give way under the person on it. Another dangerous issue surrounding ladders is the type of ladder it is. Metal ladders can be a problem if used while conducting electrical work as it means that any shock received while working will be carried through the metal after passing through the body. Caution does need to be taken when using a ladder.

If you have been injured while using a power tool, contact us at:

Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101
929-239-4664

Check us out on social media:
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Friday, February 3, 2017

Thursday, February 2, 2017

Understanding Product Liability

Although manufacturers generally try to produce safe products, sometimes things can go wrong, and you could be injured by a defective product. Product Liability is a specific set of laws, separate from general injury laws, that cover these specific incidents. A more detailed explanation of product liability visit LipsigQueens.com.

Causes

Typically product defects fall into one of three categories:
  • Design defect - a defect inherent in the very design of the product, meaning the defect could manifest in any copy of the product.
  • Manufacturing defect - a defect resulting from when the product was built, leading to potential issues.
  • Marketing defect - a defect resulting from inadequate or inaccurate instructions and/or safety warnings, creating the possibility of improper use and thus injury.

Who's Responsible?

There are actually several possibilities as to who the responsible party could be, because of the laws of strict liability. This means not only could the manufacturer be held responsible for making a defective product, but the retailer could also be responsible for selling the product. Typically though, the manufacturer will likely be the main defendant.

Res Ipsa Loquitor

This Latin phrase, which means "the thing speaks for itself" is also a legal practice used in the case of negligence, which forces the defendant to prove they were NOT negligent in the manufacturing of the product, making it much easier for the plaintiff to win the case. Usually this is the option to look into in the case of a design defect.

What To Do?

It's probably no surprise that, should you be injured by a defective product, the first thing you or your family should do once you're able, is speak to a lawyer about your options. Product liability laws actually vary from state to state (there's no federal law for it), so consulting an expert is the best thing to do as soon as possible.

If you or a loved one has suffered a defective product injury in Queens New York you can contact the following lawyer:
Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101
929-239-4664

 

Wednesday, November 23, 2016

What Is Retaliation After Filing A Lawsuit For Work-Related Accidents?

When work-related accidents happen employers are required by law to pay the medical bills, a portion of the lost wages or pay for permanent disability an employee might get in the line of work. This could be of benefit to both the parties; however, the employers might become dissatisfied and particularly unfriendly especially with the concept of workers' compensation.

Actions That Are Considered To Be Retaliation By Your Employer


Employers tend to become hostile towards the employees to the extent that may be subjecting them to resistance and backlash. Retaliation by employers can involve engagement in illegal activities in a bid to punish you such as demotion, firing, salary reduction or job shifts, unwanted disciplinary actions, obstruction of the workers' compensation claim process and employers' egregious conduct. Despite you being protected against retaliation, proving it could be difficult.

What To Do In Situations Of Retaliation


In case you want to file for retaliation claims against your employer, you should do it soon after the has happened, such as few weeks or a month. This can be done by contacting an attorney. An attorney comes in handy because late filing for a retaliation can be detrimental. If you fail to file within the stipulated time limit, you might lose your rights to take action against your employer's retaliation.

How To Prove You Were Retaliated Against In Violation Of The Workers' Compensation Law


For you to win, you are required to prove that these actions were primarily because of your protected activity. You will also be required to:
  • Determine whether you were illegally discriminated by your employer.
  • You were legally an employee entitled to workers' compensation claims.
  •  That you filed a claim for compensation. 
  • That you were directly affected by the employer's retaliation actions such as change in employment status.
If you or a loved one has suffered a work injury on a Queens New York construction site you can contact the following lawyer:

Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101

929-239-4664

 


Friday, October 28, 2016

Ensuring Forklift Safety On Construction Sites

A forklift is one of the most common heavy machines used in construction. Forklifts are used by construction workers to lift heavy loads and move them from one point to another within the construction sites. Nevertheless, forklifts pose significant safety and health hazards to construction workers.

Forklifts accidents usually involve:
  • Collision with obstacles.
  • Load falling from the forklift on construction workers.
  • Tip-over due to overloading.
  • Forklift hitting or running over workers due to loss of control.
  • Improper use like using the forklift to lift people or driving with load elevated.
On average, one of every ten forklift is involved in accidents. Also, about 96,000 construction workers in the US sustain injuries from forklift-related accidents every year. It is, therefore, imperative that construction site managers understand the measures that have to be taken to ensure that forklift operators and other construction workers are adequately protected from the risk of injuries that could arise from forklift accidents.

Below is a rundown of tips that site managers and construction workers can use to improve forklift safety on construction sites.

 1. Understand The Risk

Just as in solving any other problem, the solution to forklifts safety hazards begins with understanding the risk. It is important to understand that forklifts are more hazardous when carrying heavy weights. Heavy load makes the machine less stable and harder to maneuver. A fully loaded forklift weighs up to five tons. Speed is also a factor that influences the likelihood of forklift accidents. Nevertheless, accidents can still occur even at low speed. In case the operator is unable to avoid an obstacle or a person, or a heavy load falls on a construction worker, serious injuries can occur. All in all, understanding these risks is the most fundamental step towards preventing them.

 2. Make Sure That Operators Are Licensed

As a site manager, you must ensure that your forklift drivers are licensed. Licenses are issued to forklift operators after a rigorous training process. Thus, a license implies the forklift driver is qualified for the job and has a clear understanding of safety procedures when operating forklifts.

 3. Maintain The Forklift 
 
 Like any other heavy machine, a forklift has to be properly maintained. Repairs have to be done to done in such a way that they meet the manufacturer's standard. Furthermore, any work on the forklifts must be done by qualified professionals.

 4. Respect The Limits
 
Forklift operators and site managers have to understand the limitations of forklifts regarding capacity and the environment with which they operate. The load weight carried should be within the limit that the forklift and the floor can hold. The speed should also not exceed the limit beyond which maneuverability is compromised.

 In conclusion, it is apparent that although forklifts are vital in construction work, they pose safety hazards at construction sites. However, operators and site managers can observe the above-discussed tips and improve forklift safety at their construction sites.

If you or a loved one has suffered a forklift injury on a Queens New York construction site you can contact the following lawyer:

Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101

929-239-4664