The construction field is one of the most dangerous industries in the United States and especially in the New York City (NYC) area. Statistics show that construction ranks third out of all fields of work for deaths caused by accidents or injuries.
Some of typical construction site accidents include:
You should contact Construction Accident Law Firm, Frekhtman & Associates if you have received injuries in a construction site accident within NY region including Queens, Bronx, Manhattan, Brooklyn and Long Island.
Filing a Workers Compensation Claim in New York, NY
As per New York (NY) law, an employee cannot sue his or her employer for on the job accidents because the only option available is to pursue a Worker’s Compensation claim. Worker’s Compensation is a form of insurance which pays for lost wages and medical expenses as well as other benefits. However, in case a worker is seriously injured to the negligence of a third party involved, that worker can pursue a third party claim under the Labor Law. A workers compensation lawyer experienced in handling construction accidents is vital.
General Contractors, architects, manufacturers and landlords constitute third parties involved in construction and can be sued for accidents and injuries or wrongful death at a construction site. NY Labor Law 240(1) and 241(6) are the most common construction accident statutes employed in such lawsuits. NYS laws protect the construction worker and in many cases impose absolute liability on the general contractor and or landlord/site owner.
Our firm recently won a jury verdict in a falling object accident at the Yankee station subway station obtaining $2,800,000 in April 2007. Before that, we obtained $4,000,000 for a crane accident case in Brooklyn. A Construction accident may be a life changing event to the worker and also to the construction worker’s family because these workers are often the sole provider and earner in the household. Frekhtman & Associates works closely with construction safety engineers and experts to investigate, uncover, document, and ultimately prove safety violations at construction accident site. Whether it was Labor Law statute, industrial code, or Occupational Safety & Health Administration (“OSHA”) violations our Law Firm spares no expense in hiring top safety experts ensures that our clients obtain the best possible results. We also retain economists, life care planners, and vocational rehabilitation specialists who are intimately familiar with construction work. This will help to obtain the largest recovery for our client at trial.
The Labor Law in NYS is intended to protect workers and ensure their safety. The law mandates that owners and general contractors provide workers a reasonably safe place to work.
Specifically, NYC Labor Law section 240 states that construction site landlords as well as general contractors on the job site provide safety protection devices for workers to prevent elevation related injuries.
New York Laws protect the workers because they
» apply to demolition, alteration, painting, cleaning, and other types of construction work.
» cover both non-union and union employees.
» protect all workers including those living in NYS and out of state labor even including illegal immigrants.
»protect various types of workers including inspectors, engineering employees, surveyors, utility workers, operators of equipment, bridge workers, and the more general day labourers and workers as well.
If an accident is caused by lack of proper and required safety equipment or other violation, the worker can file a construction accident lawsuit under New York State Labor Law 240, 241, and or 200.
THINGS TO CONSIDER
1. Under Labor Law section 240, construction site owners or landlords of the premises where the work is being conducted, general contractors supervising the work and their agents are held strictly liable for injuries to construction workers caused by a lack of safety equipment or safety equipment which is poor. Labor Law 240 would apply if a worker falls from a ladder or scaffold.
2. If a ladder, scaffold, or other safety device malfunctions, collapses, falls down, or is improperly placed, NY Labor Law section 240 is violated. The labor law presumes that a safety device that failed, collapsed or fell down was defective.
3. If the site owner or general contractor engages someone else to make sure the safety equipment was sufficient, such as a construction site safety company, they will nevertheless be at fault for any violation together with the safety company.
4. New York State Labor Law Section 240 is violated if there was no safety device provided for the worker
A New York State Labor Law lawsuit can be won if a ladder slips or if a scaffold collapses. Recent decisions from the Court of Appeals and the Appellate Divisions have sustained Labor Law cases where a construction site accident occurred due to a gravity related event. Gravity events include those where a worker falls from a height down to a lower level such as from a ladder or scaffold. It also includes situations where building materials being hoisted or secured fall from a height and strike a worker below.
If you or a loved one was involved in an accident, contact NYC Accident Lawyers Frekhtman & Associates at (866) ATTY LAW for a free consultation.
We provide legal consultation absolutely free. You can contact us at our NY offices given below
Free Consultation with NYC Law Firm at 1-866-ATTY-LAW (866-288-9529)