The physical demands of construction work are immense. Every day, you put your body on the line, lifting, climbing, and operating heavy machinery. Unfortunately, this physically taxing environment makes the construction industry one of the most dangerous for workers. A sudden fall or the strain of repetitive motion can lead to a debilitating back injury, leaving you in constant pain, unable to work, and worried about how you will support your family. When an injury derails your life, understanding your legal options is the first step toward regaining control. Pursuing a claim for a back injury in construction can help provide the financial resources you need to heal and move forward.
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Understanding Common Construction Back Injuries
The spine is a complex structure of bones, discs, muscles, and nerves. The intense physical forces present on a construction site can damage any of these components, resulting in significant pain and long-term complications. While every construction back injury is unique, some are more prevalent than others. Some of the most frequent construction back injuries we see include:
- Herniated or bulging discs. The rubbery cushions between your vertebrae can rupture or slip out of place due to sudden trauma or repetitive strain, causing intense nerve pain that can radiate into your legs.
- Sprains and strains. Overstretching or tearing the ligaments, muscles, or tendons in the back is extremely common from lifting heavy materials improperly or twisting suddenly.
- Vertebral fractures. A fall from a ladder or scaffolding can exert enough force to crack or break the bones of the spine, which can be an incredibly severe and painful injury.
- Spinal cord damage. In the most catastrophic cases, an accident can sever or compress the spinal cord, potentially leading to partial or complete paralysis and permanent disability.
These injuries often require extensive medical treatment, including physical therapy, pain management, surgery, and long periods of rest, making it impossible for you to return to work.
What Causes Back Injuries in Construction?
Construction sites are filled with hazards that can lead to serious harm. Understanding the cause of your injury is critical, especially when deciding where to seek the compensation you need to recover.
Many back injuries in construction stem from a few common scenarios. These incidents often include:
- Lifting and overexertion. Constantly lifting, carrying, and maneuvering heavy objects without proper equipment or technique places enormous stress on the lower back, leading to strains and disc injuries over time.
- Falls from heights. Construction sites often involve working on scaffolding, ladders, and rooftops. A fall, even from a relatively low height, can cause devastating spinal fractures and other trauma.
- Struck-by accidents. Workers can be struck by falling objects, swinging crane loads, or vehicles, with the force of the impact often causing direct trauma to the spine.
- Machinery and equipment accidents. Malfunctioning lifts, defective power tools, or improperly secured machinery can cause accidents that result in severe back injuries.
Identifying the specific cause of the accident is key to determining whether you have a workers’ compensation claim only or whether you may also have a personal injury claim against a negligent third party.
Workers’ Compensation: The First Line of Financial Support
After a work-related injury in New York, your first course of action is typically to file a workers’ compensation claim. This is a form of insurance that your employer is required to carry. Workers’ compensation is a no-fault system, which means you do not need to prove that your employer was negligent to receive benefits. These benefits are designed to cover your medical expenses and a portion of your lost wages while you are unable to work.
However, the workers’ compensation system has significant limitations. While it provides a safety net, its benefits will not cover all your losses. Our firm does not handle workers’ compensation claims, but we can help you determine if you have other legal avenues for a more complete financial recovery.
Beyond Workers’ Comp: Filing a Claim for a Back Injury in Construction
In most cases, you cannot sue your employer directly after an injury. However, you may be able to file a personal injury lawsuit against a negligent third party. A construction site is a collaborative environment where multiple companies and individuals work together, including general contractors, subcontractors, property owners, and equipment manufacturers. If the negligence of one of these parties caused your construction back injury, you have the right to hold them accountable.
New York law provides specific protections for construction workers. For example, the Scaffold Law holds property owners and general contractors strictly liable for gravity-related accidents, such as falls from ladders or scaffolding, unless the worker was the sole cause of the accident. Other provisions require them to follow specific state rules to keep all work sites reasonably safe. A violation of these regulations can be substantial grounds for a third-party lawsuit.
Filing a third-party claim for a back injury in construction allows you to seek compensation for damages not available through workers’ compensation, including:
- Past and future medical bills,
- The full amount of your lost wages and diminished earning capacity,
- Physical pain and suffering,
- Emotional distress and mental anguish, and
- Loss of enjoyment of life.
Successfully navigating these complex claims requires a thorough investigation and a deep understanding of New York’s labor laws.
Why Choose Greenspan & Greenspan for Your Construction Accident Claim?
Since 1959, Greenspan & Greenspan Injury Lawyers has been fighting for injured individuals and their families. Our attorneys have dedicated themselves to helping clients rebuild their lives after a serious accident. We focus our practice on the suburbs of New York, allowing us to build strong, personal relationships with the people we represent. Our team understands the stress you are under, which is why we handle every aspect of your case, from investigating the accident to dealing with insurance companies. Our staff includes bilingual speakers who can assist Spanish-speaking clients and their families. You should be able to focus entirely on your physical and emotional recovery while we handle the legal complexities.
Discuss Your Legal Options with an Experienced Attorney Today
A back injury can have a lasting impact on your health, your career, and your family’s financial stability. You do not have to face this challenge alone. If you were injured on a construction site, contact us today.
