New York construction laws hold owners and contractors strictly responsible for all sorts of construction site accidents like falls, scaffold collapses, ladders shifting or toppling, or falling objects that can cause a worker injury.
There are also thousands of individual rules in the Industrial Code that the owners and contractors are required to follow, but usually do not. And when they don’t follow the rules, workers get hurt. That’s why you found us.
Are you a construction worker, or a family member of one, who was injured in a New York City construction site accident? Construction companies, contractors, owners, etc. are required to protect their workers.
If they don’t follow the law, they should be held responsible. Pursuing a workers’ compensation claim or third-party liability in New York is complicated.
As you begin your online search for a construction accident lawyer in NYC, please contact Anthony A. Ferrante. I’m a Brooklyn construction accident lawyer with over a decade of experience representing clients for all their injury needs, including construction site accidents.
What are the Most Common Types of Construction Accidents in NYC?
Construction is one of the most dangerous industries to be employed in. With new construction projects popping up all over New York City, including new skyscrapers and high-rise apartments, commercial properties, roadways, bridges and airports, countless situations can lead to a deadly construction site accident.
These projects require skilled professionals, including laborers, electricians, masons, plumbers, roofers, ironworkers, and more. All of these workers experience daily risks while on a construction job.
Certain types of accidents happen more often than others. These are some of the common accidents we see as NYC construction accident lawyers:
- Scaffolding collapse;
- Ladder accidents;
- Falling objects;
- Slip and fall or trip and fall;
- Dangerous hazard or debris;
- Electrical accidents;
- Defective or dangerous equipment;
- Forklift or crane accidents;
- Building collapse or structural failure;
- Welding accidents; and
- Cutting accidents.
Depending on the type of construction job, there are many other types of accidents as well. Please don’t assume that because you don’t see your specific accident type mentioned that we can’t help you. Always contact a New York construction accident attorney first to verify whether you have a claim.
What are the Most Common Injuries from Brooklyn NY Construction Site Accidents?
Injuries in construction-related accidents tend to be very serious or catastrophic in many cases. Workers may be severely injured and unable to work for the rest of their lives or succumb to their injuries after the accident.
Because so many types of workers are on a construction site at any given time, the types of injuries also vary widely. Here is a sampling of injury claims we commonly see in construction accident cases we’ve handled:
- Broken bones,
- Amputated limb,
- Traumatic brain injury,
- Back injuries,
- Neck injuries,
- Eye injuries,
- Cuts or lacerations, and
- Crushed limbs.
When a construction worker suffers catastrophic injuries after a construction accident, only a New York construction accident lawyer can protect their rights.
If you are a family member whose loved one passed away due to injuries sustained in a construction site accident, you may have the legal right to bring a wrongful death claim against the responsible third parties or seek death benefits through workers’ compensation.
Who Can Be Held Accountable for Construction Site Accident Damages?
Determining who can be held responsible in a construction site accident can be complicated. That is why you want to retain an experienced construction accident lawyer in New York who understands all the applicable labor laws and regulations.
In many cases, workers’ compensation benefits won’t provide full compensation for your injuries, time off work, etc. However, you cannot sue your employer for damages beyond workers’ compensation benefits because New York law prohibits it. You are limited to the coverage afforded under your workers’ compensation insurance.
However, you may still reserve your right to file a personal injury lawsuit against someone other than your employer. If your injuries were due to dangerous equipment or negligence by someone other than an employer or coworker, you could have a separate claim.
That is why it’s crucial to retain a New York construction accident attorney who has experience handling workers who are injured on the job.
What New York Labor Laws are Applicable to Construction Accident Cases?
All construction companies and property owners must abide by the New York Labor Law and must provide construction workers with a safe work site at all times. Violations under applicable code sections can provide an alternative for you to sue for damages. Three special statutes, Sections 200, 240, and 241 hold contractors, owners, and other agents liable for workers who are injured on a construction site.
What you can collect will vary since different parties carry different insurance types and coverage amounts. Possible responsible parties could include construction managers, general contractors, subcontractors, etc. Determining who the responsible parties are in a construction site accident can be very challenging. You need a NYC construction accident lawyer who can help you determine whether you have a claim outside of workers’ compensation benefits.
Section 200 mandates that general contractors and owners must provide adequate and reasonable protection to the life, safety, and health of anyone employed there or who lawfully frequents the site. If there is a potential danger, they must address it, and all workers must have the proper safety equipment. If you are a construction worker who is seriously injured due to a dangerous Section 200 violation, you may have a right to pursue damages.
Section 240 “Scaffolding Law”
There is also a “Scaffolding Law,” which is explained in Section 240. This regulation sets forth guidelines on how to properly erect, secure, and fasten scaffolding. Failure to follow the rules means someone could get hurt. If you can show a violation of Section 240, there is no need to prove the owner or contractor was negligent; the violation alone makes them strictly liable for your injuries.
If the construction company didn’t check that workers were using the proper equipment or no protective gear was supplied, they will be held liable. Showing proof of a clean safety record in the past won’t suffice. We can help you determine whether you have a cause of action under this Labor Code section.
Section 241 of the Labor Law provides relief for workers who may have a right to sue the general contractor and owner in various scenarios, including unsafe equipment, unsafe work practices, trip and falls, etc. There are specific provisions for safety precautions related to demolition, excavation, and construction on a worksite. It discusses what actions owners and contractors should take and the safety equipment they should provide to workers.
Under section 241(6), contractors or property owners could be held accountable for any accident that occurs under their control or supervision without the need for an injured worker to establish negligence.
As a construction worker, you may have additional protections afforded to you under New York’s Labor Codes. This could provide an avenue to bring a lawsuit against an owner, general contractor, or other responsible party for violating one of these code sections.
Who you sue will vary depending on the circumstances. Before pursuing a claim, speak with a construction accident lawyer in New York. We can tell you whether you have the grounds to bring a lawsuit and who the responsible parties will be.
What Sort of Evidence Will My Construction Accident Attorney Collect/Investigate?
When you retain us to represent you following a construction site accident, we will immediately start an independent investigation. During our research, we will look for documentation and evidence, including:
- Police reports,
- Your injury records;
- Medical records and physician notes;
- Scene photos;
- OSHA investigation report;
- Prior citations or violations;
- Witness statements;
- Information on all workers at the scene;
- Workers’ compensation file;
- Insurance policies and safety manuals;
- Safety inspection records;
- Building inspection reports, permits, and applications;
- Daily logs; and
- Other related documents.
Our investigation is not limited to the evidence listed above. For example, if there is an alleged equipment defect or malfunction, we will need to obtain additional records from the product manufacturer and research any prior lawsuits or defect claims. When you come in to meet with us, we will go over what our proposed plan is and what type of information we will be looking for to strengthen your case.
How Long Do I Have to File a Construction Accident Injury Claim?
As with other types of personal injury claims, you have a strict deadline on when you can file an injury claim. If you are filing for workers’ compensation benefits, you have only 30 days to notify your employer. You must then file your workers’ compensation claim within two years of the accident. If you are filing a personal injury lawsuit, you have up to three years from the accident date to file in New York.
Failure to meet the legal deadlines means your claim could be barred, so it’s crucial that you consult with a qualified attorney as soon as possible.
Contact a Brooklyn Construction Accident Lawyer for a Free Consultation
As a construction worker, you have certain rights afforded to you under New York law. Don’t risk your injury claim by relying solely on your workers’ compensation claim. Let a New York construction accident lawyer help protect your rights.
Contact Anthony A. Ferrante today to schedule an initial consultation. Trust in my knowledge and personal injury experience to help you seek the justice you deserve.