Oresky & Associates, PLLC., construction accident lawyers, representing accident victims for over 25 years, call us for a free consultation 718-993-9999
New York law provides that you, as a construction worker, are entitled to a safe work site. When corners are cut, safety is compromised, and workers suffer as a result. If you have been injured in a construction accident, or if you have a loved one who was killed in a construction accident, you may be entitled to file a lawsuit and recover an award of money damages based upon the failure to provide a safe workplace and the harm that resulted. When this happens, you need to make sure you have an experienced New York construction accident attorney on your side to help you understand exactly what your options are.
Tragically, a construction accident in Chelsea last month provides a prime example of exactly how such accidents can arise. The 34-year-old worker was at work on the morning of Dec. 18, standing on a sidewalk shed at ground level. The project, a 10-floor building intended to become office space, had a history of building code violations, including some related to scaffolding problems, according to the New York Daily News.
On that Monday morning, another scaffolding problem emerged. A rooftop anchoring bracket that had been supporting a suspended scaffold broke free and plummeted 10 stories before slamming into the worker’s head. Police found him unconscious; he was later pronounced dead at Lenox Hill Hospital.
According to the Daily News, the Department of Buildings viewed the accident as totally avoidable. “This tragedy appears to have been completely preventable and we are taking enforcement actions against all parties involved,” a department spokesperson stated. The report also indicated that the department had shut down the site and intended to issue violations in relation to this fatal accident.
The law holds owners and contractors responsible for accidents like these. In New York, the law says that contractors and building owners have a “non-delegable” duty to ensure a safe workplace. That means that they cannot escape liability simply by arguing that they handed over the responsibility for site safety to another person or entity.
New York law says that contractors and building owners have a responsibility to ensure that workers engaged in construction, demolition, repairing, altering, cleaning, or painting are protected from “gravity-related” risks. In other words, proper safety precautions must be made to protect workers from two different types of potential harm: injury from the worker experiencing a fall and injury from an object falling and striking the worker.
The law mandates that scaffolds and hoists (among other devices) must be “constructed, placed and operated as to give proper protection” to workers. To win your case, you must show that the conditions that led to your accident violated the law’s standards and that this shortcoming caused your injuries.
When it comes to construction injuries, it pays to have the right counsel working on your behalf. The diligent and compassionate New York City scaffolding accident attorneys at the law offices of Jacob Oresky have been helping injured workers throughout the New York metro area, including in Westchester County and on Long Island, for many years. Find out how we can put our skills and knowledge to work for 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: Ben_Kerckx, [CC0 License], via Pixabay