Often, profits are prioritized over job site safety at the workers’ expense. In New York, construction involves heavy equipment such as cranes, hoists, scaffolds and ladders. Construction is dangerous and a contractor’s failure to follow proper safety procedures may result in accidents causing broken bones, spinal cord damage, brain trauma, paralysis, and amputations. At Oresky & Associates, our Queens and Bronx construction accident lawyers provide compassionate, knowledgeable legal representation to help accident victims obtain the financial compensation they are entitled to receive. In New York, Workers' Compensation benefits only provide one part of the compensation that a construction worker may be entitled to receive. In addition to Workers’ Compensation, a construction accident victim may also be entitled to start a lawsuit for pain and suffering and other money damages caused by an accident. It is extremely important to hire an experienced construction accident lawyer who understands the law and exactly what a New York worker is entitled to.
We are detail-oriented, compassionate trial attorneys who will work hard to develop a strategy that is tailored to your needs. Our team understands the difficulties that an injured worker and his or her family will often face after an accident, and we are committed to treating you as we would want to be treated in such a challenging situation.Assert Your Rights After a Construction Accident
In New York, special protections for construction workers are provided by law under New York’s Labor Law Sections 200, 240, and 241(6). These laws require property owners and contractors to meet non-delegable duties to workers, which means that they may be held responsible even if they hired other companies to perform the construction or to keep the construction site safe. In fact, a property owner can be held liable under the Labor Law even if the contracted work is taking place on the property without their knowledge. To vigorously assert your rights, you should seek assistance from a construction accident attorney in the Bronx, Queens, or NYC Metro area.
Section 240(1) places responsibility for jobsite safety on owners and contractors, engaging in the construction, demolition, repairing, altering, painting, cleaning or pointing of a building or structure. Section 240 is often referred to as the Scaffold Law, which holds an owner or contractor absolutely liable (100%) for accidents involving falling workers or materials and equipment, regardless of any fault of the worker, if it can be shown that proper safety equipment was not provided and that this was the “proximate” cause of the accident. These types of accidents include falls from ladders, scaffolds, and buildings. Accidents involving falling cranes, hoists, and materials or equipment that should have been properly secured will also be included in this category. Proper safety equipment includes, secure ladders, scaffolds, harnesses, barricades, netting, and railings.
The New York Labor Law requires owners and contractors to provide workers with protection that will prevent accidents involving ladders that “kick out,” scaffolds that collapse, or other protective devices that fail. Owners and contractors have been found 100% liable for failing to provide workers with adequate and safe lifelines or secure tie off points. Owners and contractors are also responsible to cover hazardous openings, where a worker a worker is exposed to a fall hazard. The protections of New York’s Labor Law extend to the safe and proper and safe operation of machinery and equipment such as cranes, hoists, excavators and more.
New York Labor Law Sections 200 and 241(6) also requires owners and contractors to provide protection for workers engaged in construction, demolition, and other building related activities. These sections of the law cover many different types of accidents which could occur at the job site such as trips and falls on debris or ramps and slip and falls on passageways. They also require the owners and contractors to comply with specific standards such as height requirements for guardrails around scaffolds or placing covers over hazardous openings to protect workers from falls at heights. There are countless other applications. New York’s Labor Law provides a broad plan of protection for workers covering many different trades and types of work.Consult a Knowledgeable Construction Accident Lawyer in the Bronx, Queens, or Elsewhere in New York City
If you have been hurt as a result of a construction accident at your job, Oresky & Associates is ready to help. In addition to collecting Workers' Compensation from your employer, you may be able to collect damages for pain and suffering, household services, and additional items of loss from other responsible entities under the law. Our staff is fluent in Spanish and can arrange for transportation to and from our office if you are suffering from a disability. If you are unable to travel we will even come to you at home or hospital. Our Queens and Bronx construction accident attorneys also represent victims in Brooklyn, Manhattan, and Staten Island, in addition to Nassau, Suffolk, and Westchester Counties. Contact us online or at (718) 993-9999 for a free appointment with an injury lawyer.
- Accidents Involving Debris
- Accidents Related to Cleaning
- Accidents Related to Demolition
- Accidents Related to Erecting a Building
- Accidents Related to Painting
- Accidents Related to Renovations
- Accidents Related to Repairs
- Cave-Ins Excavation Accidents
- Crane Accidents
- Failure to Provide Safety Equipment
- Falls Construction Sites
- Labor Law 240
- Labor Law 241
- Ladder Scaffolding Accidents
- Scaffold Fall
- Truck Vehicle Accidents
- Workers' Compensation vs Lawsuit