FAILURE TO PROVIDE SAFETY EQUIPMENT QUEENS

We Protect The Rights Of Construction Workers In New York

If you or someone you know has been injured in a construction accident because you did not have proper safety equipment for your job, you may be able to recover damages.

Construction Accident Lawyers Helping Victims in the Bronx, Queens, and the NYC Metro Area

If you or someone you know has been injured in a construction accident because you did not have proper safety equipment for your job, you may be able to recover damages for your injuries. At Oresky & Associates, PLLC, our diligent Queens and Bronx construction accident attorneys understand New York workplace injury law and can apply this knowledge to assert your right to compensation. You can rest assured that we are committed to getting the compensation that you deserve after a serious injury caused by a failure to provide proper safety equipment. We have decades of experience helping people who are facing challenging times in their lives, and we treat each client’s case with the personalized attention that it deserves.

A Failure to Provide Safety Equipment may Cause Serious Injuries

The New York Labor Law requires proper safety equipment for construction projects to minimize the risk of harm to workers and requires contractors, owners, and their agents to be vigilant in providing:

• Safety lines, harnesses, lifelines, and tie-offs to prevent falls from heights;
• Barricades, covers, railings, to prevent workers from falling through hazardous openings;
• Protective eyewear;
• Head gear and proper overhead protection to protect workers and others from falling objects;
• Shoring and wall supports for people working in excavations or trenches; and
• Scaffolding, ladders, and ramps that are stable and sufficient for the job.

Our Team Can Start Working for You from the Moment You Call

When it comes to litigation, there is no time to waste. Once you call our office, we can start building your case in your fight for compensation. In three short steps, your legal journey can begin today.

• Free Case Evaluation: call our office, send us an email, or chat with us online to receive a free case evaluation.
• Get Signed Up: after your free case review, we can set up your client profile and gather any information you already have.
• Start Your Recovery: we can take over your case from here and update you as it progresses. You can focus on your health while we focus on your case.

Common Legal Questions

How Long Do I Have to File a Lawsuit After a Construction Accident?

Your time to file a construction lawsuit is limited by the statute of limitations. New York gives you three years from the date of the accident to initiate a personal injury lawsuit. The statute of limitations is a hard deadline. If you fail to file your lawsuit within the time limit, you will be barred from recovering compensation.

What Damages Are Available to Construction Accident Victims?

There are two main types of damages available to construction accident victims. Economic damages cover financial losses, such as medical expenses, lost wages, and diminished earning capacity. Non-economic damages cover personal, non-monetary losses related to the accident. These include pain and suffering, emotional distress, scarring/disfigurement, and loss of consortium. Rare cases may qualify for punitive damages, such as incidents where the construction company ignored safety standards.

How Much Is My Construction Accident Case Worth?

The value of your case will depend on many different factors. Your economic damages, which are the direct financial losses you’ve sustained in the accident, will make up a large portion of your compensation. These damages include medical expenses and lost wages, among other things. Your non-economic damages, which represent the personal, non-financial losses related to the accident, will also influence your case’s worth. Other factors, such as available insurance coverages and comparative fault, can also affect your award.

Can I Still Recover Damages If I’m Being Blamed for a Construction Accident?

Yes. You can still recover compensation if you are being blamed for a construction accident. Workers' compensation is a no-fault system. If you are seeking workers’ comp, you can recover benefits regardless of whether you are at fault for the accident. If you are filing a third-party suit and are partly at fault, New York’s pure comparative fault rules will come into play. In this case, your compensation will be reduced to account for your share of the blame for the construction accident.

How Do I Make an Accident Report from a Construction Accident?

If you suffered injuries in a construction accident, you must report the accident to your foreman or employer, but there are other steps you also must take if you hope to receive compensation for your injury. First things first! If you have been hurt, seek medical care and attention immediately. If you need an ambulance, ask for one to be called. Your construction foreman may or may not be aware of your accident. Do not assume they received word of the incident. Even if you verbally told your co-worker about it, this notification will not always help you if your employer does not have actual knowledge of your construction accident. Want to learn more about how to make an accident report? Read our full article here.

Contact a New York Accident Lawyer for a Free Consultation

To learn more about how a construction accident attorney at Oresky & Associates can protect your rights, call us today to arrange a free case review. We’re available 24/7 to come to your aid.

Free Consultation

Know Your Rights After A Construction Accident

Workers who are hurt because of a failure to provide safety equipment at a job site are often able to pursue remedies in addition to workers’ compensation. The New York Labor Law, in particular Sections 240 and 241, aims to hold owners and contractors of construction sites accountable for an injury that they cause by failing to provide proper safety equipment for a project. These laws give construction workers the right to file a claim and obtain compensation through court proceedings. Under New York law, an injured worker is covered by workers’ compensation, but that is often not sufficient to account for the harm associated with serious injuries that take place at construction sites. Thus, these laws give workers certain rights to seek compensation for accident-related pain and suffering, medical expenses, and lost union benefits, as well as other damages, such as the loss of services of a spouse.

Work With Attorneys Who Know The Law

New York Labor Law Section 240, otherwise known as the scaffold law, imposes liability on contractors and property owners that fail to provide proper and non-defective safety devices to protect against falls from heights. In other words, if a worker falls and gets hurt because of defective scaffolding, unsafe ladders, insufficient or lack of safety lines or any other preventable reason related to safety equipment, the general the contractor or property owner (or a combination of them) may be required to pay damages. Other examples of safety equipment include harnesses, barricades, fencing, guardrails, safety lines, and netting to protect workers in the event of a fall.

New York Labor Law Section 241 specifically describes how all areas in which construction, excavation or demolition work is being performed shall be guarded, arranged and operated so as to provide reasonable and adequate protection for workers.