Oresky & Associates, pllc., construction accident lawyers, representing accident victims for over 25 years. Call us for a free consultation at 718-993-9999.
New York law says that you, as a construction worker, are entitled to a safe workplace. The project’s general contractor and the site’s owner have a legal duty to provide construction workers with a work space that follows safety regulations. The New York statutes explicitly command that all “machinery, equipment and devices” must “provide reasonable and adequate protection” to everyone working on the site. Too often, though, that doesn’t happen. Sometimes, honest mistakes and oversights happen at construction sites. Other times, corners are cut and risks taken that result in worker injuries. If you’re hurt due to broken, improperly maintained, or otherwise unsafe equipment or machinery, you should contact a knowledgeable New York construction accident attorney about your case.
An example of this type of injury was the case of James, a 44-year-old construction worker from Staten Island. James was working on a construction project in the Garment District in August 2014. James was a foreman on the job, and his duties included checking jacks that were involved in the process of pouring concrete. While performing those tasks one morning, James turned his head, and his right eye hit a clamp wedge spike that was part of one of the jacks, according to a silive.com report.
James brought a lawsuit to recover compensation for the injuries he suffered. His case, brought in Manhattan, named both the building owner and the general contractor on the project. In James’ litigation, his argument was that the building owner and the general contractor maintained a level of control over the work that made them potentially liable to James and that they failed to provide him with an appropriately safe place to work. Specifically, the worker’s case was that the entities he sued allowed an unreasonably dangerous condition to exist on the jack. The clamp wedge spike should have had something called a “mushroom cap” covering it, which would have minimized or prevented his injury, but no such hard plastic cap was present.
The injuries that the foreman suffered were substantial and permanent. James underwent a total of three eye surgeries, including one emergency surgery that took place right after the accident. Despite the doctors’ best efforts, James suffered permanent partial loss of vision in his right eye.
This proof established that James had already suffered significant damages and would continue to have effects from the accident for the rest of his life. Based upon the evidence that James amassed, he was able to settle his case for $1.5 million, according to silive.com.
If you’ve been hurt while working in a renovation job or another type of construction work, it is possible that you may have a legal right to recovery against those whose misconduct or improper inaction led to your injuries. Reach out to the experienced New York City construction injury attorneys at the law offices of Jacob Oresky. Our team has spent many years working diligently on behalf of our valued construction worker clients throughout the New York metro area, including in Westchester County and on Long Island, to give them the representation that they and their cases deserve. Contact us to find out how we can help you.
For a free case evaluation, contact us online or call our office at 718-993-9999. Our phones are answered 24 hours a day, seven days a week.
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Photo Credit: terimakasih0, [CC0 License], via Pixabay