New York Construction Accident Lawyer - Frekhtman & Associates represent victims of construction accidents within New York City.
The construction field is one of the most dangerous industries in the United States and especially in the New York City (NYC) area. Statistics show that construction ranks third out of all fields of work for deaths caused by accidents or injuries.
Some of typical construction accidents include:
- Scaffolding collapse / a worker falls off a scaffolds
- A construction worker falls from a ladder or height such as an elevated platform / Falling object striking a construction worker or debris from the construction job striking workers at construction site.
The utmost care and safety must be implemented to prevent accidents arising from falling construction objects that are being hoisted or secured as part of the ongoing work.
- when construction materials and equipment are not safely secured and left on the edge of high rise floors, they may fall down striking workers below
- a load that is in the process of being lifted or secured may be snap, break, and fall injuring workers
- a cable snaps
- excessive weight or overloading of lifts or hoists
- improper rigging
- a crane drops an object or is improperly operated
- Accidents involving construction equipment or machinery such as an excavator, forklift, crane, or other construction machinery
- Auto Accidents with Construction Vehicles
- Hoisting Accidents
You should contact a New York Construction Accident Lawyer if you have received injuries in a construction accident within New York City region including Queens, Bronx, Manhattan, Brooklyn and Long Island.
As per New York (NY) law, an employee cannot sue his or her employer for on the job accidents because the only option available is to pursue a Worker's Compensation claim. Worker's Compensation is a form of insurance which pays for lost wages and medical expenses as well as other benefits. However, in case a construction worker is seriously injured to the negligence of a third party involved, that worker can pursue a third party claim under the Labor Law. A New York, NY workers compensation lawyer experienced in handling construction accidents is vital.
General Contractors, architects, manufacturers and landlords constitute third parties involved in construction and can be sued for accidents and injuries or wrongful death at a construction site. New York Labor Law 240(1) and 241(6) are the most common construction accident statutes employed in such lawsuits. New York State laws protect the construction worker and in many cases impose absolute liability on the general contractor and or landlord/ construction site owner.
Our firm recently won a jury verdict in a falling object construction site accident at the Yankee station subway station obtaining $2,800,000 in April 2007. Before that, we obtained $4,000,000 for a crane accident case in Brooklyn. A Construction accident may be a life changing event to the worker and also to the construction worker's family because construction workers are often the sole provider and earner in the household. Frekhtman & Associates works closely with construction safety engineers and experts to investigate, uncover, document, and ultimately prove safety violationsat construction site. Whether it was Labor Law statute, industrial code, or Occuptational Safety & Health Administration ("OSHA") violations our Law Firm spares no expense in hiring top safety experts ensures that our clients obtain the best possible results. We also retain economists, life care planners, and vocational rehabilitation specialists who are intimately familiar with construction work. This will help to obtain the largest recovery for our client at trial.
The Labor Law in New York State is intended to protect construction workers and ensure their safety. The law mandates that owners and general contractors provide construction workers a reasonably safe place to work.
Specifically, New York Labor Law section 240 states that construction site landlords as well as general contractors on the job site provide safety protection devices for workers to prevent elevation related injuries.
New York laws protect the construction worker because they
• apply to demolition, alteration, painting, cleaning, construction and other types of construction work.
• cover both non-union and union employees.
• protect all construction workers including those living in New York State and out of state labor even including illegal immigrants.
•protect various types of construction workers including inspectors, construction engineering employees, surveyors, utility workers, operators of equipment, bridge construction workers, and the more general day laborers and workers as well.
If construction accident is caused by lack of proper and required safety equipment or other violation, the worker can file a lawsuit under New York State Labor Law 240, 241, and or 200.
Things to Consider
1. Under Labor Law section 240, construction site owners or landlords of the premises where the work is being conducted, general contractors supervising the work and their agents are held strictly liable for injuries to construction workers caused by a lack of safety equipment or safety equipment which is poor. Labor Law 240 would apply if a worker falls from a ladder or scaffold.
2. If a ladder, scaffold, or other safety device malfunctions, collapses, falls down, or is improperly placed, NY Labor Law section 240 is violated. The labor law presumes that a safety device that failed, collapsed or fell down was defective.
3. If the construction site owner or general contractor engages someone else to make sure the safety equipment was sufficient, such as a construction site safety company, they will nevertheless be at fault for any violation together with the safety company.
4. New York State Labor Law Section 240 is violated if there was no safety device provided for the construction worker
A New York State Labor Law lawsuit can be won if a ladder slips or if a scaffold collapses. Recent decisions from the Court of Appeals and the Appellate Divisions have sustained labor law cases where a construction accident occurred due to a gravity related event. Gravity events include those where a worker falls from a height down to a lower level such as from a ladder or scaffold. It also includes situations where construction materials being hoisted or secured fall from a height and strike a worker below.
If you or a loved one was involved in a construction site accident, contact the Construction Accident attorneys at Frekhtman & Associates (866) ATTY LAW for a free consultation.
We provide construction accidents legal consultation absolutely free. You can contact us at our new york offices given below
Our Law Firm is Located at following addresses:
30 Broad Street, 14th Floor, New York, New York 10004
Phone : (212) 766-5656
45 Rockefeller Plaza, Suite 2000, New York, New York 10111
Phone : (212) 796-6939
60 Bay 26th Street,
Brooklyn, New York - 11214
Phone : (718) 331-7700
20 East 205th Street
Bronx, New York 10468
Phone : (718) 733-9300
100-09 Metropolitan Avenue , Forest Hills
Queens, New York 11375
Free Consultation with a Brooklyn, New York Construction Accident Lawyers
at 1-866-ATTY-LAW (866-288-9529)
New York (718) 331-7700