What to Do if You’re Injured On a Construction Site
- If you were injured in an accident on a construction site, seek medical treatment immediately. If you sustained a serious injury, you may be transported to the hospital by ambulance. Even if you don’t believe your injuries are serious, you should still be evaluated by a medical professional. Some types of accident injuries can be fatal.
- After you have received medical treatment, report the incident to your employer.
- Contact a construction accident lawyer. Contact a construction accident lawyer at Parker Waichman LLP to schedule a free consultation. An attorney can help you file a workers’ compensation claim, investigate the incident to identify any liable third parties, and help to make the entire legal process as low-stress as possible
Can I Receive Compensation After a Construction Site Accident?
The laws surrounding workplace accidents are complex. If you were injured on a construction site on Long Island, you can file a workers’ compensation claim to recover compensation for your medical bills and lost wages. If you were injured on the construction site due to dangerous and negligent conditions, workers’ comp insurance protects your employer from a lawsuit, but you can file a lawsuit if your accident was caused by the negligence of a third party.
Economic and Noneconomic Damages
A construction site accident can result in severe physical, emotional, and financial damages. Determining what damages you’re entitled to can be difficult, which is why it’s so important to obtain experienced legal representation as soon as possible.
Your construction accident lawyer can help you pursue damages for:
- Pain and suffering
- Lost wages
- Loss of future earning capacity
- Loss of quality of life
- Emotional distress
- Physical therapy
And more.
Your Long Island construction accident lawyer will carefully review your case, and consult with experts to determine future medical care needs, future lost wages, and other damages, ensuring you pursue every penny of compensation you’re owed for an accident that was caused by the negligence of another.
New York Labor Laws
Labor Laws 200, 240, and 241 protect construction workers and others on the job site from injury and death.
New York Labor Law 200 - Common Law Negligence
Also referred to as Common Law Negligence, Labor Law 200 requires owners of construction companies, contractors, and other parties to provide a safe work environment for construction workers and visitors by ensuring the site itself is safe and is equipped, operated, or arranged in a manner that provides workers and visitors with reasonable and adequate protection. Under this law, devices, equipment, and machinery must be guarded, placed, and operated in a way that protects workers and site visitors.
If the Labor Commissioner identifies unsafe conditions on a job site they will post a notice that warns workers and visitors of the dangers and may prohibit further work on the site until the dangerous conditions have been addressed. Through a legal proceeding, the Attorney General’s Office can step in and also enforce this notice, prohibiting the use of equipment or machinery on the site until the dangerous conditions have been corrected. Once the construction site owner, construction company, contractor, or other party has fixed the hazardous condition, they must submit a written notice to the Labor Commissioner. The site will have an additional inspection within ten business days. If the dangerous conditions have been corrected, the notice will be removed and work can commence. If a worker is injured and can show their injury was the result of a dangerous condition on the job site that the contractor or property owner knew about or should have known about or the other party has a history of safety violations, it can support the injured worker’s lawsuit. However, unlike other labor laws, the injured worker’s own negligence is a factor.
Labor Law Section 240(1) - Scaffold Law
Labor Law 240(1), also referred to as the Scaffolding Law, or Scaffold Law, protects construction workers who are at risk of being struck by an object from a height or those at risk of falling from heights.
However, this Labor Law covers very specific types of construction work, including the erection, demolition, altering, painting, cleaning, repairing, or, pointing of a building or structure. This excludes activities that are related to decorative work, manufacturing, or maintenance. Passersby, motorists, and pedestrians are not covered under this law.
Strict liability for construction worker safety is placed on a building owner, the owner of the construction company, the general contractor, or its agent, who is controlling or directing the work being done to repair, maintain, or build a structure. The owner of a three-family dwelling or larger is automatically liable if an accident occurs, while owners of a one or two-family dwelling are excluded from liability unless they had direct oversight of a project.
Employee negligence is not taken into consideration under the Scaffolding Law and allows injured workers to recover more compensation than allowed under workers’ compensation benefits.
It is the responsibility of a building owner, general contractor, its agent (subcontractor), or a construction company to create a safe work environment, with safety measures in place that will prevent a fall. Safety measures include scaffolding that can bear weight equal to four times or more the weight of construction workers and the necessary materials, and safety railings. Construction workers must also use essential safety gear and equipment, the use of which must be enforced by the supervising party.
When a construction worker is injured from a fall or was struck by an object that fell from a height, due to a failure to ensure the safety of construction workers and the worker sustains an injury or dies as the result of this failure, the owner of a construction company, property owner, contractor, or its agent, can be sued.
Labor Law 241(6)
Labor Law 241(6) applies to workers who are involved in excavation, demolition, or construction, and also applies to the use of safety equipment. An owner or contractor is required under New York State Labor Law to take reasonable steps to provide safety provisions to construction workers. This law is similar to Labor Law 240, but focuses on safety practices of a construction site at ground level, addressing how floors are constructed during the building process, materials used, in addition to elevators, and all types of hoisting apparatus.
Labor Law 241(6) outlines how a construction site must be constructed, conducted, operated, arranged, and guarded. This law also requires workers to be equipped with the proper protection and safety equipment to carry out construction, excavation, and demolition duties. If a worker is injured, they must show that a contractor or owner did not comply with certain regulations under the New York Industrial Code and this failure resulted in the worker’s injuries. If proven liable, a contractor or property owner will be required to pay for the injured worker’s accident-related damages.
Filing a Lawsuit After Sustaining a Grave Injury
Workers’ compensation insurance typically prevents injured workers from filing a lawsuit against their employer. In most cases, the injured worker would file a claim through their employer’s workers’ compensation insurance, which pays for their medical expenses and a portion of their lost wages. New York’s Labor Laws provide additional protection for construction workers, allowing them to file additional claims against property owners, contractors, and other liable parties.
Additionally, if an employee sustains a “grave injury” they may be eligible to file a third-party lawsuit against a construction site owner, contractor, or other party if that party’s negligence contributed to the injury. The third party being sued can bring the injured worker’s employer into the lawsuit, sharing liability for damages, significantly increasing the injured party’s potential recovery.
What is Considered a Grave Injury Under New York Law?
The following is considered a grave injury under New York Law:
- Death
- Permanent and total loss of use or amputation of an arm, leg, hand, or foot
- Loss of multiple fingers
- Loss of multiple toes
- Paraplegia
- Quadriplegia
- Total and permanent blindness
- Total and permanent deafness
- Loss of nose
- Loss of ear
- Permanent and severe facial disfigurement
- Loss of an index finger
- An acquired injury to the brain caused by an external physical force resulting in permanent total disability.
New York Labor Laws and Wrongful Death
If a worker was not given any type of fall-prevention equipment, a property owner or contractor failed to comply with safety rules set by the New York Industrial Code, or a property owner, contractor, or other party failed to prioritize the safety of the worker, resulting in the accident and their fatal injuries, eligible family members may be able to file a lawsuit, in addition to recovering workers’ compensation death benefits. An experienced construction accident lawyer at Parker Waichman LLP is familiar with New York Labor Laws and workers’ compensation laws and can investigate the accident to determine whether any labor laws were violated or another form of negligence resulted in the untimely death of a loved one.
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