Construction is considered one of the most dangerous occupations in New York. Hundreds of accidents occur every year in the construction industry. According to statistics released in 2018, 761 construction workers in the city were injured, and the number reflected a 13% increase from the previous year.
Once you have been injured, you should notify your employer within the shortest time possible. You should then seek medical help and ensure that your claims are well-documented. The law allows limited time to sue the parties at fault. More details you can read on mosheslaw.com.
Therefore, if your health and livelihood have been affected temporarily or permanently due to construction-related injuries, you need to contact a construction accident lawyer as soon as possible. Seeking the services of experienced attorneys early helps to avoid incurring unnecessary expenses. When you hire an experienced construction accidents NYC attorney, they will help you to understand how you should file a lawsuit and the legal theories that can help you win the legal battle.
The attorney will also help you to recover the losses you suffered during the accident, reduce the amount of paperwork and hassles during the claims process. The compensation will help you pay for expenses such as medical expenses and lost income. Construction accident attorneys can also help to file lawsuits if your loved one dies in a construction site. As family members, you are entitled to compensation in case of wrongful death.
Injuries and construction-related deaths continue to be a major problem in New York. As a result, New York has passed several laws that are aimed to streamline the construction sector and promote safety among construction workers. The following are some of the legal provisions in New York to ensure the safety of construction workers:
Ordinary Negligence
If a construction worker is injured on a site, the law allows them to sue third parties for the third parties were aware or should have been aware of dangerous working conditions that led to the injuries. Just like any other negligence lawsuit, you will be required to reimburse workers’ compensation that you get if you win the legal battle.
Labor Law 240
According to the law, construction workers involved in a project where the work is done at high elevations should wear certain safety devices. The law does not provide for minor repairs and routine maintenance tasks.
If the requirements are not met, the construction workers are entitled to workers’ compensation from their employers and also compensation from the parties that were supervising the construction project when they are injured.
However, the victims must prove that the third parties were aware or should have been aware of the hazards. If the defendants can provide sufficient proof that the victims were responsible for the injuries, no compensation can be awarded to the victims.
For example, if a construction worker sets up an equipment wrongly and gets injuries after the fall of the equipment, they are not entitled to compensation. Individuals who receive compensation from third parties are required by law to reimburse a portion of the money they received from workers’ compensation.
Labor Law 241
It provides for strict liability if a party violates standard safety provisions that lead to injuries in a construction project. According to the Labor Law 241, construction workers are not required to prove that the defendants were at fault. Compensation is awarded as long as the violation has been established after accident reconstruction.
The law is also similar to the Labor Law 240 as victims are required to reimburse some of the money they received from workers’ compensation. For example, construction supervisors are required to ensure that lights are placed at a specific distance during excavation. If a construction worker gets injured due to insufficient light, they are entitled to compensation.
The Leading Causes of Construction Injuries
Falls from Elevation
A significant percentage of construction-related injuries result from falls. Employers are required to ensure that all walking and working surfaces are strong enough to support the weight of the construction workers.
Struck by Construction Objects
Some of the construction tools used can cause the death of the construction workers if they are not secured and if they pose a danger to workers when working around them. The employers are required by the law to ensure that all objects in a site are safe for use by their workers.
