Construction accidents and injuries occur all too often in New York. Hard working tradesmen and tradeswomen can find their work and personal lives disrupted for long stretches of time due to the carelessness of others, falls, falling objects, equipment malfunctions, exposure to lead or other toxic chemicals, repetitive motion, or even heatstroke or hypothermia. If you have suffered a work-related injury caused by the negligence of someone else on the jobsite or connected to the jobsite, New York law allows you to seek monetary compensation for your injuries and lost wages.
Workers injured on the job are usually entitled to workers' compensation. In some cases, construction workers may also be able to seek third-party liability damages against another company or another company's employee who caused the injury.
At Nobles & DeCarolis, our construction injury lawyers can help you with workers' compensation and other third-party claims. We will work on recovering monetary damages for your injuries while you focus on recovering the life you had prior to the accident or injury.
WE WIN OR YOU DON'T PAY
(personal injury cases only)
TYPES OF CONSTRUCTION SITE ACCIDENTS & INJURIES
- Collapses: buildings, cranes, or trenches can collapse on workers unexpectedly
- Cleaning Crew Injuries: janitors or building cleaners can suffer physical or environmental hazards
- Construction Vehicle Accidents: forklifts, dumpsters, or other construction vehicles can malfunction, tip over, back over or crush a worker
- Equipment Operator Injuries: workers can get injured while operating heavy equipment or even tools such as a saw or nail gun
- Falling Objects: tools or construction materials that are not secured can cause injuries such as concussions, even through hard hats
- Falls From Heights: Workers can fall from cranes, scaffolding, ladders, roofs, or other elevated places
- Fires and Explosions: exposed wiring, leaking pipes, and hazardous chemicals can cause burns or electrocution
- Overexertion: workers can suffer injuries due to repetitive motion, muscle and joint damage, heatstroke, hypothermia, or frostbite
- Toxic Exposure: workers can suffer exposure to harmful chemicals that lead to respiratory diseases or high lead concentrations
WHO IS RESPONSIBLE FOR A CONSTRUCTION ACCIDENT?
Thankfully, worker safety is important in New York. Our laws make that absolutely clear. If a construction worker is injured on a job site due to unsafe conditions or practices, the owner, contractor, or agents they hired to carry out their work can be held legally responsible. Under New York's workplace safety laws, construction site owners and contractors have a duty to follow safety regulations, including providing workers with proper safety equipment. Four different provisions of New York's labor laws can be relied on to hold these parties legally accountable when they fail to live up to their duties. These laws do not limit the worker to recovering only workers' compensation benefits.
NEW YORK LABOR LAW SECTION 200: This law places a duty on owners and contractors to protect the health and safety of "all persons employed therein." In order for an owner or contractor to be sued under this law, the actual injury and other damages must be the result of an accident or incident that occured at the work site, and it must be established that the owner or contractor controlled that area or had notice of the defective and potentially dangerous condition.
NEW YORK LABOR LAW SECTIONS 240(1) and 241-a: These laws require that owners, contractors, or their agents furnish or erect adequate safety devices that are in place to protect construction workers from hazards associated with working at elevations or working around elevator shafts or stairwells. The owner or contractor can be held liable regardless of whether they had control or supervision of the site. In other words, even if a subcontractor has been hired to carry out work at the site, the owner or contractor cannot escape liability. If a party leases property and has work performed on the property for its benefit, that party is treated the same as an owner.
NEW YORK LABOR LAW SECTION 241: This law places duty on owners, contractors, and their agents to provide a safe and reasonable job site to all who are legally present on the property. Like a Section 240(1) claim, an owner or contractor cannot escape liability for non-compliance with safety standards by arguing that the work was done by a subcontractor.
If you have been injured in a construction accident,
call Nobles & DeCarolis (585) 546-1260.