Bricklayer and Mason Accident Lawyers
A bricklayer and mason’s work can be quite dangerous. For this reason the law requires that employers, general contractors, and work site owners are obligated to provide all the proper equipment and training required to make the workplace as safe as possible. If they fail to do so, employers, general contractors, and work site owners can be held legally responsible. That is why it is critical for injured workers to know they have legal rights, and what they are. The lawyers at Block O’Toole & Murphy understand the challenges involved after bricklayer and mason accidents and stand ready to fight for your rights. We have recovered over $1.5 billion in compensation for our clients to care for their medical and financial needs, and helped them to move forward with their lives. We will investigate your accident and determine whether you can receive damages from a negligent third party in addition to workers’ compensation benefits.
Common Causes of Bricklayer or Mason Accidents
Due to the nature of the work bricklayers and masons perform, they are regularly exposed to various hazards. For example, some of the common hazardous situations and tools they are exposed to at work are grinders, working from heights, and different types of power saws, to mention a few. All such devices have implicit risks and require mandatory training for use.
Following, we share a list of some of the most common causes that lead to accidents in the workplace:
- Failure to provide appropriate and functional personal protective equipment (PPE)
- Injuries due to manual handling of excessive loads, lifting from floor level
- Hazards related to excessive noise or hazards due to excessive or chronic use of vibrating power tools
- Failure to provide proper and sufficient equipment and training to work at heights
- Insufficient training or no training regarding the appropriate use of work tools or hazards in the workplace
- Trip- or slip-and-fall accidents due to unsafe conditions at the workplace, like the presence of debris in walkways, loose cables, or previously undetected holes in the floor
- Exposure to live currents due to defective tools, poor training on specific machinery or tools, or generally unsafe work conditions
As a bricklayer or mason, you have the right to a safe work environment. If the contractor or property owner is negligent in providing this and injury results, they must be held accountable.
Liability in Bricklayer and Mason Accidents
According to OSHA standards, employers have a responsibility to provide a safe work environment. Therefore, an employer should:
- Provide appropriate signs, color codes, labeling, and posters to make workers aware of hazards
- Train workers on the proper use and maintenance of equipment
- Provide regular medical examinations as indicated in the OSHA standards
- Provide training to workers to standardize the terms and language used at the workplace
- Supply the necessary protective equipment and train workers who come in contact with hazardous chemical substances
Although OSHA says these are employer responsibilities, it is important to note that third parties, just like employers, play an important role in providing a safe workplace. For example, after a thorough investigation of your case at Block O’Toole & Murphy, we might realize the equipment you used when your accident occurred had manufacturing defects. Therefore, you could be entitled to compensation from the equipment manufacturer. Other third parties on construction sites can include vendors, contractors, landowners, or tenants, to mention a few. This is important to know because typically, employers cannot be found liable in work accident cases, even if their negligence contributed to causing an accident. However, negligent third parties can be found at fault in work accident cases.
One of the rare times an employer can be held liable in a work accident case is if he tries to deny workers’ compensation benefits to an eligible worker. According to the New York government, all businesses established in the state should provide workers’ compensation insurance to their bricklayers, masons and workers in general, including part-time employees. Your first right should be the coverage provided by the employer. However, although rare, when accidents occur, an employer might try to avoid their responsibility to compensate a worker. One of the most common arguments used by employers to deny workers’ compensation benefits to injured bricklayers is that they were not lawful workers when the accident occurred. The good news is that you do not have to fight alone to protect your rights.
If you, a relative, or someone you love was injured in an accident on the job, it is important to discuss the facts and circumstances of your accident with an experienced and skilled lawyer. If your injury is the result of third-party negligence, you might be entitled to compensation. The lawyers at Block O’Toole & Murphy have helped injury victims recover fair compensation since 2012. Learn your rights and how we can help you protect your welfare as you move forward after your accident. Schedule a free consultation at 212-736-5300 or fill out our secure online contact form.
Common Injuries Resulting from Bricklayer or Mason Accidents
Bricklayers and masons are often at risk of injuries because of the hazardous conditions of their workplace. Moreover, they might be subject to chronic injuries due to the equipment and devices commonly used, as well as the physical demands of performing their duties.
The most common injuries sustained as a result of bricklayer or masonry work include:
- Broken bones, head injuries, and/or severe spinal cord damage as a result of falls
- Cuts, bruises, fractures, or crush injuries due to handling of materials, trip or slip-and-fall accidents
- Back, shoulder, or wrist sprains and strains caused by awkward positions, reaching above head level, or handling heavy loads
- Pain in legs, hands, fingers, and the lumbar region due to postures required to perform work
- Musculoskeletal injuries and disorders due to the repeated bending and handling of manual loads
- Electric shock injuries such as thermal burns, potential muscle and nerve damage, or even cardiac arrest
- Severe respiratory problems such as lung cancer or silicosis, among others, due to long-term inhalation of large amounts of concrete, stone, or silica dust
The state of New York has a time limit of two years to file for workers’ compensation, and three years for third-party negligence claims. However, an injured bricklayer or mason should notify their employer about their accident and subsequent injuries within a time frame of 30 to 60 days, ideally as soon as possible. We strongly encourage workers to report accidents and injuries as soon as possible after the accident to protect their rights and start their claim. As a bricklayer or mason, if you have been injured on the job, you deserve the financial support you are legally entitled to in order to pay for your medical bills and compensate you for lost wages. Every case is unique, and the assistance of an experienced work accident lawyer can make a difference.
What to do After A Bricklayer or Mason Accident
If you have been injured in a bricklayer or mason accident, you may be unsure what to do. To ensure you get the necessary treatment and have the best possible chance at compensation, we suggest the following steps:
- If you are able to move, remove yourself from any dangerous areas, and evaluate the situation. Take stock of the accident, including the equipment you used.
- Remember to keep calm at all times to prevent further injuries or damage.
- Notify your employer of your accident and injuries as soon as possible. This will help you start your workers’ compensation paperwork.
- Get any medical treatment necessary. If your injuries require emergency treatment, go to the ER. If not, make sure you are seen by a doctor that is approved by the New York workers’ compensation board.
- Contact a personal injury lawyer to further discuss your case. The timely intervention of an experienced attorney can help you fight for your right to compensation.
In addition, you are entitled to report any unsafe condition that led to your accident to the relevant authorities. If you are fired or harassed by your employer as a result of your report, call us immediately to discuss your case and take action. Every bricklayer and mason has a right to safe, healthy work conditions and fair compensation in case of an accident. Learn your rights and focus on your recovery while we at Block O’Toole & Murphy take care of the rest.
Lawyers Experienced in Bricklayer and Masonry Accident Cases Here to Help You
If you’ve been hurt in a construction accident or a work accident, the personal injury lawyers at Block O’Toole & Murphy are here to help. Our lawyers offer free legal consultations to accident victims in New York and New Jersey, and are ready to discuss your case to help you determine next steps. Results in bricklayer or masonry accident lawsuits include:
- $11,000,000 settlement for a masonry foreman who fell three stories after stepping on an unsecured hole cover at his work site in Brooklyn. As a result of the accident, he suffered serious pelvic and spinal injuries, including multiple pelvic fractures and fractures of lumbar vertebrae, and was permanently disabled from construction work.
- $5,900,000 settlement for a bricklayer in the Bronx who fell 20 feet from a ladder onto his head, leaving him unconscious for 2-5 minutes. His injuries included fractures that required surgery, neurological damage and multiple herniated disks that required surgery.
- $3,500,000 settlement for a 54-year-old union bricklayer who was sideswiped by another vehicle while driving in Queens County. He suffered disk herniations and a tear in his left shoulder, all of which required neck surgery, back surgery and shoulder surgery. As a result of his injuries, he was unable to return to work.
- $3,411,000 settlement for a building superintendent who was struck in the face by an unsecured brick that fell from nine or 10 stories above him. As a result of his injuries, he suffered scarring and disfigurement, and serious emotional distress including depression and anxiety.
- $2,825,000 settlement for a non-union bricklayer who was injured when the platform he was standing on collapsed, causing him to fall 12-15 feet. He suffered multiple herniated disks, in addition to shoulder and knee injuries that required arthroscopic surgery.
- $2,600,000 settlement for a union laborer employed by a masonry contractor who fell 8-10 feet off an unguarded scaffold, resulting in an exacerbation of preexisting cervical and lumbar herniations that required surgery.
- $2,000,000 settlement for a mason laborer who was working in Mineola, New York, when he fell without fall protection 20 feet from an unsecured scaffold, leading to multiple injuries, including lower back herniations and a meniscus tear that required surgery.
Dial 212-736-5300 or fill out our Contact Form to speak with an expert attorney today. Our lawyers serve clients throughout all of New York, including Manhattan, Brooklyn, Queens, the Bronx, Long Island, Staten Island, New Rochelle, Yonkers, Buffalo, Rochester, Syracuse, and Albany.