Why You Need A Construction Accident Attorney For Your Claim

Construction Accident Attorney

Construction work is among the most hazardous occupations, with workers facing significant risks daily. One of the most prevalent dangers is falls from heights, which can result in severe injuries or even fatalities. In such critical situations, having legal representation from a construction accident attorney is crucial to ensure your rights are protected and you receive fair compensation for your injuries.

Overview of Falls From Heights:

Falls from heights are a leading cause of construction site injuries. Common scenarios include accidents involving scaffolding collapses, ladder falls, and roof accidents. These incidents often result from inadequate safety measures, improper training, or defective equipment. According to the Occupational Safety and Health Administration (OSHA), falls are consistently one of the leading causes of fatalities in the construction sector. OSHA reports that in 2020, out of the 1,008 construction fatalities reported, 351 were due to fatal falls to a lower level. This statistic highlights the gravity of the issue and underscores the urgent need for robust safety measures and compliance with regulations.

Bureau of Labor Statistics (BLS) also reports that in 2021, there was a significant increase—about 5.9%—in construction industry deaths due to falls, slips, and trips? It’s pretty alarming. Nearly one in five workplace deaths happened in construction that year, and get this—over a third of those deaths were from falls alone, mostly falling from heights. The construction industry accounted for almost half of all fatal falls in workplaces. It’s a stark reminder of how risky construction work can be, especially without proper safety measures in place.

OSHA has established stringent regulations aimed at preventing falls and ensuring workplace safety in construction. These include:

  • OSHA Fall Protection Standard (29 CFR 1926.501): This standard mandates that employers provide fall protection systems for workers exposed to falls of six feet or more above lower levels. It specifies requirements for guardrail systems, safety net systems, and personal fall arrest systems to mitigate the risk of falls.
  • Scaffolding Requirements (29 CFR 1926.451): OSHA regulations for scaffolding address design, construction, and use of scaffolds, emphasizing stability and load-bearing capacity to prevent collapses that can lead to falls.
  • Ladder Safety (29 CFR 1926.1053): OSHA regulations on ladder safety outline requirements for ladder construction, maintenance, and use to prevent falls resulting from ladder accidents.

Compensation For Injuries

Injured workers who experience falls from heights may be eligible for compensation through various avenues:

  • Workers’ Compensation: In most states, including New York where Brooklyn is located, workers’ compensation laws provide benefits to workers injured on the job, regardless of fault. Benefits typically include coverage for medical expenses, rehabilitation costs, and a portion of lost wages.
  • Personal Injury Claims: In cases where a third party’s negligence contributed to the fall (e.g., a subcontractor or equipment manufacturer), injured workers may pursue a personal injury lawsuit. This allows them to seek additional compensation for pain and suffering, emotional distress, and other non-economic damages.

Role of A Construction Accident Attorney:

The role of a construction accident attorney in cases involving falls from heights is pivotal in ensuring that injured workers receive the compensation and justice they deserve. Construction accident attorneys bring extensive legal expertise to bear on cases involving falls from heights. They begin by conducting thorough investigations into the circumstances surrounding the accident. This includes gathering evidence such as witness testimonies, safety inspection reports, and documentation of safety equipment used or lack thereof. Attorneys also work closely with accident reconstruction experts and engineers to analyze the scene and determine liability.

One of the primary responsibilities of a construction accident lawyer is to establish liability for the fall. This involves demonstrating that the accident occurred due to negligence or violations of safety regulations by a third party, such as the construction company, subcontractors, or equipment manufacturers. Attorneys delve into OSHA regulations, state labor laws, and industry standards to build a strong case against responsible parties. Another crucial aspect of their role is maximizing compensation for their clients. Construction accident attorneys advocate for comprehensive compensation that covers medical expenses, lost wages, rehabilitation costs, pain and suffering, and future medical needs. They use their negotiation skills to engage with insurance companies and defendants to ensure that their clients receive fair and adequate settlements.

Construction accident attorneys are well-versed in both workers’ compensation and personal injury claims processes. They guide their clients through the complexities of these systems, ensuring that they understand their rights and options. If a third party is found liable for the fall, attorneys pursue personal injury claims to recover damages beyond what workers’ compensation may offer. In cases where settlements cannot be reached through negotiations, construction accident attorneys are prepared to take cases to trial. They represent their clients in court, presenting compelling arguments and evidence to juries and judges. Their trial advocacy skills are essential in seeking justice and holding negligent parties accountable for their actions.

Throughout the entire legal process, from initial consultation to case resolution, construction accident attorneys provide unwavering support and advocacy for their clients. They ensure that their clients’ voices are heard and their rights are protected every step of the way. Attorneys specializing in construction accidents are adept at maximizing compensation for their clients. They assess the full extent of injuries, including medical treatment costs, ongoing rehabilitation needs, lost income, and the emotional toll of the accident. Using their negotiation skills and knowledge of insurance practices, attorneys work diligently to secure fair settlements that cover all current and future expenses related to the injury.


In conclusion, hiring a construction accident attorney is essential for anyone injured in a construction site fall or any other type of accident. These professionals are dedicated to protecting your legal rights, proving liability, and maximizing your compensation to help you recover and move forward. If you or a loved one has been injured in a construction accident, don’t hesitate to contact Mirza Law. Our experienced attorneys are here to provide expert legal support and ensure you receive the justice and compensation you deserve.