Accidents Related to Demolition
Workplace Accident Attorneys Helping Workers in the Bronx, Queens, and Elsewhere in NYC
Demolitions are an effective way to clear lots for new projects, but they are one of the most dangerous operations in the construction industry. If you or someone in your family has been injured in an accident related to demolition, the Queens and Bronx construction accident lawyers at Oresky & Associates, PLLC can help you recover the compensation to which you are legally entitled. In New York, workers’ compensation benefits are only one way to get financial assistance, and we can help you explore the full scope of your options. We are committed to providing our clients with personalized and compassionate representation at every step of the process.
Compensation for Accidents Related to Demolition
When a worker is injured in a New York construction accident, that worker may have a right to compensation beyond workers’ compensation benefits. New York Labor Law Sections 200, 240, and 241(6) protect workers in the construction industry, including demolition workers. These provisions provide injured workers with important rights to seek compensation in court.
Accidents related to demolitions can lead to a variety of serious injuries, including neck and back injuries, spinal cord injuries, head injuries, broken bones, and paralysis. These injuries can result from many different types of demolition accidents, such as:
- Falls from scaffolds or ladders at demolition sites;
- Falling objects or debris at demolition sites;
- Elevated work platforms that collapse;
- Equipment failure or faulty equipment; or
- The improper use of demolition explosives.
Section 240 of the New York Labor Law protects demolition workers who are injured in a fall or by an object falling on them at the job site. Specifically, this law requires property owners and contractors to provide adequate safety devices to workers to protect them from height-related injury risks. For example, if a worker was hurt due to a fall from a ladder or scaffold that was struck by falling materials or demolition debris, that worker would be able to seek compensation for their harm.
Section 241 of the New York Labor Law mandates that property owners and contractors must comply with specific safety rules outlined in Industrial Code Rule 23 during the demolition of a building. For example, the Code forbids parts of buildings, such as walls or floors, to be left unguarded if they are in such a condition that they may collapse due to pressure or vibration from a demolition. If parts of a building collapse and injure a worker due to a violation of the Code, the property owner and contractor may be held liable for the accident.
In some cases, construction workers can also file a personal injury claim against a third party that caused or contributed to their injury, such as a manufacturer of defective equipment. A property owner or contractor can also be found negligent when a worker’s injury results from their supervision and control of the demolition work that brought about the injury and they failed to prevent or correct any unsafe conditions that they knew about or should have known. A personal injury lawsuit is usually based on negligence, which means that the property owner or contractor third party failed to use reasonable care during the demolition to protect the worker from harm, and this failure was the direct and proximate cause of the worker’s injuries and harm. Reasonable care is defined as how a sensible or prudent person would have acted under the same or similar circumstances. If negligence is established, the property owner or contractor third party may be required to pay damages under the Labor Law. These may cover items such as lost income, medical costs, pain and suffering, and any costs for future treatment.
Enlist a Knowledgeable Job Injury Lawyer in Queens or the Bronx
If you were hurt in a demolition or construction accident, our lawyers can help you understand your rights. At Oresky & Associates, PLLC, we understand that dealing with a construction accident is stressful and challenging. We are dedicated to helping our clients through this difficult time and treat them in the same way that we would want to be treated in the same situation. Members of our team can speak Spanish with clients who are more comfortable in that language. Our work injury lawyers serve victims in Manhattan, the Bronx, Queens, Brooklyn, and Staten Island, as well as Nassau, Suffolk, and Westchester Counties. To set up a free consultation, call us at (718) 993-9999 or contact us online.