Construction back injuries range from muscle strains and herniated discs to more severe spinal cord damage. These injuries often result from falls from heights, heavy lifting incidents, repetitive motion tasks, or being struck by falling objects. The physically demanding nature of construction work means that even a seemingly minor back injury can have devastating consequences for your career and quality of life.
At Hofmann & Schweitzer, our New York and New Jersey construction accident lawyers understand what you’re fighting for and how to protect your fair recovery. We have more than 45 years of experience advocating for the fair recovery of injured construction workers, and we are here to provide you with a free, personalized case review.
Immediate Steps to Take After a Construction Back Injury
The steps you take right after you are hurt may impact your recovery. Accordingly, it’s essential to:
Report the Accident
Notify your supervisor about the back injury as soon as possible. Fill out an accident report detailing what happened. When reporting your injury, stick to the facts and avoid speculation about fault or liability. Request a copy for your records.
Get Medical Attention
Seek medical attention immediately, even if you believe your injury is minor. Back injuries can worsen, and early intervention often leads to better outcomes. Tell the medical provider exactly how the injury occurred and that it happened at work. This creates an essential medical record connecting your injury to your construction job.
Document Everything
If you can act when you are hurt, take photos of the area where your injury occurred, including any unsafe conditions, missing safety equipment, or other relevant factors. If witnesses were present, collect their names and contact information.
Keep detailed notes of the accident, your injuries, medical visits, and any time missed from work. Save all records and receipts related to the injury. This paper trail serves as valuable evidence for your claim.
Avoid Discussing Fault
Don't post on social media or speak with insurance adjusters about the accident. Refrain from assigning blame or apologizing. What you say could be used to undermine your claim. Direct any inquiries to your lawyer.
Why to Consult a Construction Back Injury Attorney
An experienced construction accident lawyer can protect your rights and fight for your full recovery. Specifically, our experienced team can:
- Meticulously examine the circumstances surrounding your construction accident to determine every party that may bear responsibility
- Find and protect evidence to substantiate your claim and establish a compelling argument for compensation
- Handle insurance company communication
- Take your case to trial and present a persuasive argument before a judge and jury if the insurance company refuses to offer an equitable payout
While past results do not guarantee future outcomes, we have successfully represented construction workers who suffered back injuries on the job. Some of our results include:
- $3 million for a crane operator who slipped and fell while working on the Tappan Zee Bridge / Governor Mario M. Cuomo Bridge project and suffered numerous back injuries
- $1.9 million for a painter who fell off scaffolding at a Brooklyn high school and suffered back and other injuries
- $450,000 for a construction worker who suffered back and knee injuries while working on the Robert Moses Bridge project
Overview of New York and New Jersey Construction Injury Laws
New York and New Jersey have laws that protect construction workers' rights to a safe work environment. Understanding these statutes is key to getting the compensation you're owed.
New York construction laws include:
- NY Labor Law 200. This law requires construction site owners and general contractors to provide workers with a safe workplace.
- NY Labor Law 240. New York Labor Law 240, known as the "Scaffold Law," imposes liability when workers are injured due to falls from heights or being struck by falling objects.
- NY Labor Law 241. This law allows injured workers to sue for New York Industrial Code violations and sets specific safety standards for construction sites.
New Jersey has enacted stringent laws to protect construction workers from job site hazards. The state's OSHA standards establish wide-ranging guidelines that employers must follow to maintain a secure work environment.
In many cases, New Jersey's laws offer more expansive protections for construction workers than those in New York.
Common Construction Back Injury Challenges and How to Overcome Them
Physical healing is only one of the challenges you may face during your construction back injury recovery. Anticipating these challenges allows you to develop effective strategies for overcoming them. These challenges may include the following:
- Insurance companies may downplay injury severity or question whether it occurred at work. Claims adjusters may request recorded statements or suggest quick settlements that don't reflect your claim's actual value. Protect yourself by directing all communication through your attorney.
- Delayed or denied medical treatment can impede recovery and cause unnecessary suffering. If you encounter resistance to approving necessary treatments, document all communications with insurance representatives and request written explanations for denials.
- Financial strain intensifies when you're unable to work while medical bills accumulate. Explore all available benefits and consider speaking with a financial counselor who specializes in helping injury victims manage their finances.
- Returning to work prematurely can jeopardize your physical recovery and legal claims. Follow your doctor's recommendations regarding work restrictions, and don't allow yourself to be pressured into returning before you're medically ready. Talk to your lawyer if your employer cannot accommodate your restrictions.
- Documentation gaps can weaken your claim. Maintain detailed records of all medical appointments, treatments, and how your injury affects daily activities. Keep a pain journal documenting your symptoms and limitations, which provides valuable evidence of your ongoing struggles and recovery progress.
How to Take Control of Your Recovery
A construction back injury can disrupt every aspect of your life, but you don't have to face these challenges alone. You can protect your rights and maximize your recovery after a New York or New Jersey construction accident by acting quickly and contacting an experienced construction accident injury lawyer.
Your back injury may limit your physical capabilities, but it doesn't have to limit your access to justice. The legal system provides multiple avenues for compensation, from workers' compensation benefits to third-party liability claims under New York and New Jersey construction laws.
Remember that strict deadlines apply to all injury claims, so acting promptly is essential.
