If you work on a New York construction site, you are aware of the dangers. In fact, workplace injuries continue to rise. According to the 2022 New York City Construction Safety Report, there was a 9.7% increase in injuries at NYC construction sites in 2022 from the year prior. Despite safety measures, accidents can and will happen. However, when there is a party or parties responsible for the injury, this is when you have the right to file a legal claim.
Building sites are dangerous by nature. Serious injuries are usually caused by accidents. Therefore, you have to pay higher medical costs, miss work and even have your entire life permanently altered. Proving liability can be the tough part, and it is why you should consider retaining the services of an NY construction accident lawyer to help build and prove your case.
In the event of an accident at a construction site that causes injury or leads to a tragic death, victims and their families need an advocate in their corner. The team at Brandon J. Broderick, Attorney at Law has the experience and resources to come to your aid.
How Your Lawyer Can Help Prove Liability in an NY Construction Accident Injury
Fortunately, there are legal options for those injured on a construction job in New York. Although applying for workers' compensation with their employer is usually the top choice, there may be other parties at fault for your construction site injuries and you can hold these parties accountable to recover the full amount of your damages.
In most cases, the cost of medical care for a serious injury is not covered fully by workers' compensation. In this situation, it's important to determine if other parties are liable and if a third party personal injury lawsuit can be filed. An experienced lawyer will help you determine if you can pursue further losses.
Third Parties Who Could Be Liable
Your construction accident injury may be the result of another party's action or lack of actions. In a third party claim, you may even be awarded pain and suffering, which you cannot recover as part of standard workers' compensation benefits.
Parties who may be named in a third-party construction accident lawsuit, include:
General contractor
When you are injured in an accident, the first thing you should know is that your employer is not liable for the losses resulting from your work-related injuries. It may be hard or impossible to sue them if they have workers' compensation coverage. The only exception is if they blatantly break one or more labor laws.
All accidents that happen "within the scope of employment" are covered by workers' compensation, regardless of who is at fault or how they happened. Coverage is only not applicable if the employee is judged to have been willfully negligent, which is very rare. Employee grants employer no-fault, limited-question coverage in exchange for waiving almost all rights to file a lawsuit against them.
This arrangement does not, however, absolve the party that employs you or contracts out your employer from legal responsibility. According to New York state law, the owner of the project you were working on, or the general contractor, bears direct responsibility for the health and safety of every employee.
All general contractors and project owners are required by NYCL Labor Law (LAB) Section 240 to supply "scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices" that can offer "proper protection" for all trade workers.
Workplaces must be "constructed, equipped, arranged, operated, and conducted as to provide reasonable and adequate protection to the lives, health, and safety of all persons employed therein or lawfully frequenting such places," according to NYCL Labor Law (LAB) § 200, which gives employers the same mandate.
Before workers can begin work on a project, some project owners might ask them to sign liability releases or other similar forms. In the event that you are injured on a construction site due to negligence or other careless or deliberate actions, you may still be entitled to hold contract awarders accountable.
Property Owner(s)
Both general premises liability rules and Labor Law § 200 require property owners to maintain the safety of construction sites. All property owners are required to keep their properties reasonably safe and to alert residents to any potential risks under these laws.
It is important to note that premise liability does not absolve property owners of all obligations for risks and accidents sustained on their land. However, the responsibility of the property owner to resolve safety hazards extends to any hazard that is deemed "foreseeable" or that is expressly stated in statutory requirements.
Property owners are frequently held accountable for construction-related injuries in the following situations: structural collapse, environmental danger, or neglecting to make sure general contractors are abiding by safety regulations.
Subcontractor(s)
Subcontractors can hold some liability in construction accidents as well. It is the duty of vendors and other construction companies involved in a site to be "reasonably safe," to abide by all applicable job-site regulations, and to take precautions to avoid endangering the safety of others.
Occasionally, subcontractor teams will fail to perform their obligations, which might result in a major accident on a construction site in New York. This could be a car accident, an incident involving heavy machinery, or a disregard for the regulations aimed at preserving the structural integrity of scaffolds and other devices.
Other contractors on a project site have an obligation to observe regulations and use "ordinary care" as a reasonable person might, just like other drivers on the road are required to do. Employers of these people may be held directly accountable for any damages that arise from the injuries they cause.
Product Manufacturers
The equipment that construction workers use might literally be the difference between life and death. Heavy machinery, power tools, scaffolding, fall protection harnesses, and other work equipment all have the potential to cause injuries or to malfunction in a way that allows an injury.
Product makers are required by law in New York State to make reasonable efforts to ensure that their goods are in safe working order and are not flawed. With very few exceptions, the manufacturer may be responsible for damages sustained when a product is utilized as intended yet causes injury.
The fault or injury scenario had to be foreseeable by the manufacturer. But rules pertaining to manufacturing and other negligence-related matters clearly state that manufacturers have a duty of care to identify and remove hazards to the safety of their customers. Legislators and the courts take this obligation very seriously when it comes to products that are directly associated with dangerous professions like construction.
Speak with a NY Construction Accident Lawyer Today
In the event that you sustain injuries in a construction accident, we recommend legal assistance immediately. A NY construction accident lawyer can prove to be vital to the success of your case.
Our goal at Brandon J. Broderick, Attorney at Law is to help clients resolve their injury claims. We have years of experience in handling personal injury and workers compensation claims. Our renowned legal team has all the tools necessary to ensure a just outcome for your case.
To explore your options, get in touch with us today.