Falls from scaffolding, broken bones from workplace hazards, and health problems due to toxic waste exposure — these are some of the common accidents that a worker might encounter in a construction site.
Construction accidents are oftentimes preventable, but sheer negligence has caused a considerable number of incidents. Therefore, New York state laws have specific provisions to address the dangers that many construction workers face.
I will help you confront the legal issues of a construction accident that resulted in your sustained injuries.
Suing for Negligence
The ordinary negligence law in New York enables injured workers to sue a third-party contractor for negligence given the following conditions:
- The construction site’s dangerous conditions caused the worker’s injuries
- The third-party contractor had control of site conditions and knew or should have known the dangers therein
If it works in favor of the worker, he or she may receive compensation from the third-party contractor.
Following New York’s Labor Laws 240 and 241
Labor Law 240 states that workers who participate in the construction or repair of a building and who do so at elevations (e.g. on scaffolds or ladders) shall use safety devices and adhere to safety provisions.
They may file a case against a third-party contractor if the said contractor was responsible for project supervision, knew or should have known the safety issues, and failed to provide safety devices — resulting in injuries from elevation support-related accidents.
On another note, Labor Law 241 states a contractor’s liability in the case of safety code violations resulting in injuries. The violation alone establishes the contractor’s negligence, resulting in worker injuries.
Addressing Sustained Injuries from a Construction Accident
You may address construction accident-related in three steps.
Health is always a priority, so seek medical attention for your sustained injuries first.
Second, inform the contractor or the property owner of the construction site you were working on about the sustained injuries.
Finally, file a lawsuit with the guidance of an experienced lawyer.
According to New York’s statute of limitations, you may file a negligence claim anytime within three years of the date of the construction accident. Alternatively, you may file a claim within two years of the accident on behalf of a loved one if the accident resulted in their fatality.
I am a former prosecutor in New York with a multidisciplinary practice. I will be with you every step of the way as your construction accident lawsuit unfolds, making sure that you get the representation and compensation you deserve.
Call today for a free 15-minute consultation.
