- Scaffolding collapses, Falls from scaffolds
- Worker falls from a height / elevated platform / falls from ladders
- Falling object or construction debris hitting worker - Adequate safety precautions must be in place to prevent injuries caused by falling objects when materials are being hoisted, secured, or lowered.
Examples include:
- - when construction materials are not properly secured on upper floors and fall down striking workers below.
- - a load being hoisted or lifted breaks loose and falls
- - a cable snaps
- - lifts or hoists are overloaded
- - improper rigging
- - a crane drops an object or is improperly operated
- Accidents with construction equipment or machinery: Forklift and or Crane Accidents
- Car Accidents with construction vehicles
- Hoisting Accidents
You must contact a New York Construction Accident Lawyer if you have received injuries in a construction accident within New York City including Queens, Bronx, Manhattan, Brooklyn and Long Island.
Under New York (NY) law, an employee cannot sue his or her employer for on the job accidents because the sole remedy is to pursue a Worker's Compensation claim. Worker's Compensation is a form of insurance which pays for lost earnings and medical expenses as well as other benefits. The worker can sue third parties or other entities that were responsible for his or her accident. A New York, NY personal injury lawyer experienced in construction accidents is vital.
General Contractors, architects, manufacturers and landlords can be sued for accidents and injuries or wrongful deaths at the construction site. New York Labor Law 240(1) and 241(6) are the most common construction accident statutes employed in such lawsuits. New York laws protect the worker and in many cases impose absolute liability on the general contractor and or landlord.
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. It is important to realize that a construction accident is a life shattering event not only to the injured individual but also to his entire family since construction workers are often the sole breadwinners for their families. We work with construction safety engineers and experts to prove the safety violations be it Labor Law violations or OSHA violations. We also retain economists and life care planners and or vocational rehabilitation experts familiar with the construction industry in order to obtain maximum damages at trial.
New York's labor law is intended to make construction workers safe. The law requires general contractors and landlords of the project to provide a reasonable safe place to work.
Specifically, Labor Law 240 requires owners, their agents, and contractors to provide proper safety protection devices for construction workers to prevent injuries due to falling.
The laws are intended to protect the worker in that they
• apply to demolition, construction, alteration, painting, cleaning, and other kinds of work.
• cover both union and non-union employees.
• protect workers both from New York as well as out of state workers and cover all workers including illegal immigrants
• protect various kinds of workers including bridge workers, equipment operators, road workers, engineers, inspectors, surveyors, utility workers, as well as typical laborers and construction workers.
When an accident is caused by a safety equipment violation, the injured employee can file a claim for recovery under Labor Law 240 and or 241.
Things to Consider
1. Under Labor Law section 240, construction project owners/landlords, contractors and their agents are considered absolutely liable (at fault) for construction accidents caused by nonexistent, substandard or improper safety equipment, such as when workers are hurt in ladder or scaffolding collapses.
2. If a safety device collapses, slips, or is improperly positioned , Section 240 is automatically violated. The labor law presumes that a safety device that broke, collapsed or slipped causing a fall injury was inadequate.
3. If the worker set up the ladder or scaffolding improperly, the project owner and general contractor will still be at fault.
4. If the project owner or contractor hires someone else to make sure the safety equipment was adequate, they will still be considered at fault in addition to the company they hired.
5. If no safety devices were provided for the worker, New York Labor Law Section 240 is automatically violated.
If a ladder is improperly placed, or if a safety device is nonexistent or does not properly function, the worker may have a valid Labor Law claim. If a scaffold fails or collapses, the worker is entitled to recover under Labor Law from the owner and general contractor in addition to regular worker’s compensation benefits. Call our experienced New York construction accident lawyers for a free consultation today.
If you or a loved one has been injured at a work site, contact the attorneys at Frekhtman & Associates, New York's (NYC) construction accident attorney, at (866) ATTY – LAW.
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
60 Bay 26th Street,
Brooklyn, New York - 11214
Phone : (718) 331-7700
653 East 189th Street, Bronx,
New York 10458
Phone : (888) 9 LAW BRONX
(718) 529 - 2766
(718) 733 - 9300
78-30 Metropolitan Ave,
Middle Village, NY 11379
Free Consultation with a New York Construction Accident Law Firm
at 1-866-ATTY-LAW (866-288-9529)
New York (718) 331-7700
We represent victims of construction accidents within New York State including Queens, Bronx, Manhattan, Brooklyn and Long Island
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