Introduction
Construction is one of the most dangerous industries in New York, with workers facing risks daily. Believe me, as a Central New York construction accident lawyer, I know. When a construction accident occurs, the injuries can be severe or even fatal, leading to complex personal injury cases. Understanding the legal landscape in New York is crucial for victims seeking compensation. This article delves into the essential aspects of construction accident personal injury cases in New York, covering common causes, legal rights, and the steps involved in pursuing a claim.
Common Causes of Construction Accidents
Construction sites are inherently hazardous, with numerous potential risks that can lead to accidents. Some of the most common causes include:
- Falls: Workers may fall from heights, such as scaffolding, ladders, or roofs, due to inadequate safety measures or faulty equipment.
- Falling Objects: Tools, materials, or debris can fall from heights, striking workers below and causing serious injuries.
- Electrocution: Contact with live wires or electrical systems can result in severe burns or death.
- Machinery Accidents: Heavy machinery, such as cranes, forklifts, and bulldozers, pose significant dangers if not properly maintained or operated.
- Caught-In/Between Accidents: Workers can be caught in or between equipment, vehicles, or collapsing structures, leading to crush injuries.
These construction accidents often result from safety violations, negligence, or defective equipment, making the responsible parties liable for the injuries sustained.
Legal Rights of Construction Workers
In New York, construction workers are protected by several laws designed to ensure their safety and provide compensation in case of an accident. This is just a basic outline. Your New York construction accident lawyer can provide the details that might be crucial to your successful construction accident case. The most significant statutes include:
- New York Labor Law Section 200: This law requires property owners and general contractors to maintain a safe work environment. They must take reasonable steps to protect workers from hazards on the job site.
- New York Labor Law Section 240 (The “Scaffold Law”): This law imposes strict liability on property owners and contractors for accidents involving falls from heights or being struck by falling objects. It requires that proper safety equipment, such as scaffolding and harnesses, be provided to workers.
- New York Labor Law Section 241(6): This law mandates that construction, demolition, and excavation work must comply with specific safety regulations. If these regulations are violated, and a worker is injured as a result, the property owner and contractor can be held liable.
These laws are vital in holding employers and other parties accountable for construction site safety and providing injured workers with a means to seek compensation.
Steps in Pursuing a Construction Accident Injury Case
If a construction worker is injured on the job, they may have multiple legal avenues to pursue compensation, including workers’ compensation claims and personal injury lawsuits. The steps involved typically include:
- Seek Medical Attention: The immediate priority is to get medical treatment for the injuries. Documenting the injuries and treatment is essential for any legal claim.
- Report the Accident: The accident must be reported to the employer or site supervisor as soon as possible. This report is crucial for both workers’ compensation claims and any subsequent legal action.
- Consult an Attorney: It’s important to consult with an experienced construction accident attorney who understands New York’s specific laws. They can evaluate the case, identify liable parties, and advise on the best legal strategy.
- File a Workers’ Compensation Claim: Workers’ compensation is often the first step in obtaining compensation for medical bills, lost wages, and disability benefits. However, it may not cover all damages, especially in cases of severe injury or negligence. And it will never compensate for “pain and suffering”.
- Consider a Personal Injury Lawsuit: In addition to workers’ compensation, a personal injury lawsuit may be filed against third parties, such as subcontractors, equipment manufacturers, or property owners. This lawsuit can seek additional damages not covered by workers’ compensation, including pain and suffering, loss of consortium, and punitive damages in cases of gross negligence.
- Investigate and Gather Evidence: Your New York construction accident attorney should conduct a thorough investigation, gather evidence, interview witnesses, and consult with experts to build a strong case.
- Negotiate or Litigate: Many New York construction accident cases are settled through negotiations between the New York construction accident lawyer and the insurance carriers for the at-fault companies, but if a fair settlement cannot be reached, the case may go to trial.
Conclusion
Construction accidents in New York often lead to complex personal injury cases due to the multiple parties involved and the specific legal protections in place. Injured workers have the right to seek compensation not only through workers’ compensation but also through personal injury lawsuits against negligent third parties. Given the intricacies of these cases, it is crucial for injured workers to seek the guidance of a knowledgeable New York construction accident attorney who can navigate the legal process and fight for the compensation they deserve.
Keep safe!
Mike Bersani
Email me at: bersani@mbk-law.com I’d love to hear from you!
Michaels Bersani Kalabanka P.C.
Syracuse NY Construction Accident Lawyers
315-253-3293