Unfortunately, profits are often prioritized over worker safety in renovation projects and in the construction industry generally. If you or a loved one was injured in an accident related to renovations, you may be entitled to compensation in addition to workers’ compensation benefits. At Oresky & Associates, PLLC, our Queens and Bronx construction accident lawyers are committed to providing injured workers with vigorous and compassionate representation at every step of the way. With decades of experience, we have helped many victims recover the compensation that they are rightfully entitled to receive, and we can help you as well.
Construction renovation projects involve making improvements to an existing building or structure. Renovations may pose significant safety risks for workers. Building renovations, for example, may require gutting a structure and moving materials and equipment up and down between floors. This can create risks of workers falling from heights and heavy objects falling on workers. Construction workers who are injured in renovation accidents may think that they have no legal options beyond workers’ compensation, but this is far from the complete picture in many cases.
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Sections 200, 240, and 241(6) of the New York Labor Law offer special protection to many of the workers who are injured in construction accidents. These laws require certain property owners, and contractors to meet non-delegable duties to workers, which means that they can be liable even if they hired other companies to do certain tasks or keep the construction site safe. When a worker is injured due to violations of Sections 200, 240, or 241(6), they are often entitled to compensation above and beyond workers’ compensation benefits.
Section 200 requires owners and contractors to take reasonable steps to provide safe environments for workers. If a worker is seriously injured due to an unsafe workplace, that worker will likely be entitled to compensation.
Section 240, known as the Scaffold Law, requires owners and contractors to protect workers against falls from heights and falling objects. Under this provision, an owner or contractor is 100% liable, or “absolutely” liable, for a worker’s height-related injuries if it can be shown that a violation of Section 240 was a proximate cause of the injury. For example, if a worker falls through temporary flooring that collapsed because it was inadequately secured, that worker would be able to get compensation under New York Labor Law Section 240.
Section 241(6) requires owners and contractors to operate construction sites in a certain way and provide specific safety equipment to all workers. If these requirements are not followed, or safety equipment is not provided, an injured worker will be able to recover damages after an accident.
A property owner or contractor that is found liable may be required to pay for all of a worker’s accident-related expenses, including medical expenses, therapy and rehabilitation costs, lost wages, pain and suffering, and more. These damages are much more comprehensive than what is available through the workers’ compensation system. For example, workers’ compensation provides only partial rather than total wage replacement.
If you were hurt in an accident related to renovations, the experienced workplace injury attorneys at Oresky & Associates, PLLC are ready to help. Members of our team are bilingual in Spanish and can discuss all of your legal issues with you in that language. If you are not able to visit our office to talk about your case, we are more than willing to come to your home or to the hospital. We have handled claims arising from construction accidents in the Bronx, Queens, Brooklyn, Manhattan, and Staten Island, as well as Nassau, Suffolk, and Westchester Counties. To go over your case in detail, call us at (718) 993-9999 or contact us online. We offer a free consultation at which time we can explain your legal options and how we can help you pursue them.