Construction Workers Injuries: Your Legal Options
Construction work is one of the most hazardous occupations, with workers facing the risk of injury and even death on a daily basis. According to the US Bureau of Labor Statistics, construction accidents led to 951 fatalities in 2021 alone. If you or someone you love has been injured while working on a construction site, it is important to understand your legal options in consultation with a trusted New York construction injury lawyer.
Legal Avenues for Injured Construction Workers in New York
Under New York law, construction workers who are injured on a job site have several options to seek compensation for their injuries. Consulting with an experienced construction accident attorney in NYC can help you choose the best way to get maximum compensation.
Workers’ Compensation Claim
New York's Workers' Compensation System is designed to provide benefits to injured construction workers, regardless of fault. This means that even if your employer is responsible for your injury, you cannot file a lawsuit against them in most cases. Instead, your employer is required to carry workers' compensation insurance, which provides benefits for medical expenses and lost wages.
You may feel frustrated that you can't sue your employer, but Workers' Comp provides a no-fault solution that ensures you receive the support you need. By waiving your right to sue, you gain access to benefits without having to prove fault, giving you more time and resources to focus on your recovery.
To file a Workers' Compensation Claim, the injured worker must notify their employer of the injury and fill out a claim form, which is then submitted to the New York State Workers' Compensation Board. There are strict time limits for filing a claim, so it's crucial to act quickly.
Do note that this option does not include compensation for pain and suffering. Workers' compensation benefits generally cover hospital bills, medications, lost wages, and other related costs. If the injury was caused by a third party's negligence, the injured worker may still be able to file a personal injury lawsuit to recover damages for pain and suffering.
Personal Injury Lawsuit
If you were injured in a New York construction site accident caused by the negligence of a third party, you may be able to file a personal injury lawsuit to hold them accountable for your injuries or the death of a loved one. Third parties that can potentially be sued for negligence include:
- Construction site owners, who are responsible for ensuring that the property is safe for workers to perform their tasks
- General contractors, who are tasked with overall management and coordination of the construction site, have a legal obligation to provide a safe work environment for their workers
- Design professionals such as architects and engineers can also be held accountable if their plans or designs contribute to an accident
- Subcontractors who work under the general contractor can also be held responsible for their actions or negligence
- Construction site foremen, managers, and other individuals who supervise workers can also be sued if they fail to provide adequate safety measures or if they are negligent in their duties
- Manufacturers and distributors of equipment, materials, and machinery can also be held liable if their products cause or contribute to an accident
To build a strong case, your attorney will review various regulations and safety standards, including New York State Industrial Code and OSHA regulations. They may also consult with experts to determine whether the third party properly secured, equipped maintained, guarded, or stored items on the construction job site properly, as failure to do so could create a breach of their duty of care.
New York Labor Law Sections 240 and 241
Construction workers in NYC have legal protection under two Labor Laws: Section 240 and Section 241. Labor Law Section 240, also known as the "Scaffolding Law," is designed to protect workers from falls and injuries caused by falling objects while working on elevated surfaces such as ladders or scaffolds. If workers fall due to a lack of proper safety equipment or if the equipment malfunctions, they can hold the responsible parties liable.
Labor Law Section 241, also known as the "Safe Place to Work Law," focuses on the safety of ground-level areas on construction sites. This law sets specific regulations that construction companies, property owners, and contractors must follow to prevent accidents like slips, trips, chemical exposure, and air contamination. Both laws generally impose absolute liability on construction companies, property owners, and contractors to maintain a safe working environment for construction workers.
New York Compensation Law Section 11
The Section 11 is an important legal provision that offers additional protection for New York construction workers who have suffered "grave injuries" in the workplace. A "grave injury" can include a wide range of debilitating and life-altering conditions, such as total and permanent blindness, paraplegia, or even death.
If an employee suffers a "grave injury" as a result of a construction accident caused by a third party's negligence, they may be able to file a personal injury lawsuit against the at-fault party for maximum damages. Employers could be brought into a workplace injury lawsuit under Section 11 if the construction worker in NYC has suffered one or more of the specific grave injuries outlined in the law.
Injured on a Construction Site in New York? Call Us for a Free Consultation Now
If you wish to take on a powerful construction company or other liable parties for your construction injury, you should step into the ring with "The Bull" and his team of legal champions at The Law Offices of Michael S, Lamonsoff. We are not afraid to take on even the toughest opponents, and will use all of our trial skills and resources to pursue the strongest case possible. Call us at 212-962-1020 or reach us online to schedule your free consultation today.