If you have been hurt on a construction site n New York, and you know that you could, or maybe should have done things differently, you may have questions or concerns about whether you still have any right to recover compensation for your injuries. Your employer may have failed to provide adequate scaffolding or ladders, but you compounded the matter by cobbling together something that, in retrospect, was not a wise choice. Does your action prevent you from recovering compensation for your employer’s failure to meet the requirements of New York’s Labor Law § 240 (1)?
If you have been hurt on a construction site, but think you may have taken actions that led or contributed to your injury, you want to discuss your case with an experienced lawyer. At the law office of Oresky & Associates, PLLC., we bring more than 20 years of experience to people in New York who have suffered a personal injury because of the careless or negligent acts of another. Our phones are answered 24 hours a day, seven days a week. To arrange a free initial consultation, contact our office by e-mail or call us at (718) 993-9999.
Your Rights When Both Parties Contributed to Your Injury
Under Labor Law § 240 (1), an owner or general contractor has an obligation to “furnish or erect…scaffolding, hoists. stays…and other devices” to provide protection to workers employed in “erection, demolition, repairing, altering, painting, cleaning or pointing a building or structure.” The law also requires owners or general contractors to take other steps to protect the safety of workers, including keeping a job site free of debris or other objects that can lead to injury (See Labor Law § 241 (6)).
The courts have consistently held that an injured worker on a construction site will only be denied recovery for injuries if the worker’s actions were the sole proximate cause of his or her injuries. If the court finds any basis for an argument that the conduct of the general contractor or owner contributed in any way to the accident or injury, the worker’s actions cannot be considered the sole proximate cause, and the worker has a right to recovery. Accordingly, if you can show that there was any violation of Labor Law § 240 or related statutes by the owner or general contractor, your wrongful acts will not disqualify you from receiving compensation for your losses.
Contact Attorney Oresky & Associates, PLLC.
We have protected the rights of personal injury/accident victims in New York for more than 20 years, including people who have been injured in construction site accidents. We are prepared to take your call 24 hours a day, seven days a week. To arrange a free initial consultation, contact us by e-mail or call our office at (718) 993-9999.