Construction accidents can have devastating consequences for a worker’s life. These accidents can cause broken bones, spinal cord damage, brain trauma, paralysis, and even amputations. If you were injured on the job in New York City, you should contact our Queens and Bronx construction accident lawyers, who can determine your options under the New York Labor Law. One of its most important provisions is Labor Law Section 241(6). At Oresky & Associates, PLLC, we have brought many claims under this law. We are committed to protecting our clients’ rights at every step of the way. We understand that each case is unique, which is why we will analyze the facts of your situation and come up with a legal strategy accordingly to get the full amount of compensation that you are entitled to receive.
Establishing Liability and Recovering Compensation Under Labor Law Section 241(6)
Workers injured at a construction site are almost always entitled to workers’ compensation. In addition the New York Labor Law protects construction workers and, in certain cases, allows them to file a lawsuit and seek compensation through court proceedings, up to and including a jury trial. A claim under the New York Labor Law is separate and distinct from a workers’ compensation claim. The provisions of this law are designed to hold certain property owners and contractors accountable for violations that put workers at risk.
New York Labor Law Section 241(6) pertains to construction sites and imposes non-delegable duties on property owners and contractors to provide specified protections to workers. Specifically, property owners and contractors must adhere to all of the safety rules under Section 23 of the Industrial Code. To ensure a safe working environment for workers, the law outlines how sites must be constructed, equipped, guarded, arranged, operated, and conducted. Section 241(6) also mandates that workers are provided with proper protection and adequate safety equipment in construction, excavation , and demolition activities.
In order to establish liability under Section 241(6), an injured worker must show that an owner or contractor failed to comply with certain regulations set forth in the Industrial Code, and this failure was a direct and proximate cause of the worker’s injury. If liability is established under New York Labor Law Section 241(6), a property owner or contractor will be required to pay for a worker’s accident-related damages, such as medical costs, pain and suffering, lost wages, lost union benefits, and other damages.
A violation of Section 241(6) does not result in absolute liability. This means that the defendant can submit evidence of the plaintiff’s comparative negligence (a careless action that contributed to the accident). If a worker is partially at fault for the accident, they will not be barred from recovering compensation. However, the compensation will be reduced based on the percentage of fault assigned to the worker.
Each state has its own time limits in which lawsuits must be filed. These time limits are known as statutes of limitations. Typically, an injured worker has three years from the date of an accident to file a lawsuit under Section 241(6) of the New York Labor Law. If a claim is not filed within the statute of limitations, it will be permanently barred unless one of a very narrow set of exceptions applies. Thus, it is important to hire an attorney who will be vigilant about timelines as they apply to your case.
Protect Your Rights by Hiring a Construction Accident Lawyer in the Bronx or Queens
If you are dealing with the aftermath of a construction accident, our experienced attorneys can help you seek compensation. At Oresky & Associates, PLLC, we believe in treating clients as we would want to be treated. For victims and families who prefer to speak in Spanish, we can provide staff members who are fluent in that language. If you are unable to travel, we will visit you at home or in the hospital. Our workplace injury lawyers represent people in the Bronx, Queens, Brooklyn, Manhattan, and Staten Island, as well as Nassau, Suffolk, and Westchester Counties. To discuss your next steps at no charge, call us at (718) 993-9999 or contact us online.