If you are injured in a construction accident in New York, our lawyers may be able to recover substantial compensation for your injuries. Call the Law Office of Irene H. Gabo, P.C. to find out if you can file a claim for compensation.
Did you know that New York construction workers endure some of the most dangerous workplace conditions of any occupation? Thousands of people die each year in work-related accidents, and even more, are severely injured. Of those fatalities, approximately 20% of the victims are construction workers. Our New York personal injury lawyers focus on helping victims of construction accidents recover they money they are owed for their injuries.
The Law Protects Victims of Construction Accidents
There are federal and state laws that protect the workers who earn a living in dangerous conditions like those involved in construction. Think about it: construction workers often work high off the ground, be surrounded by heavy equipment, and use dangerous tools and machinery. They sometimes must rely on others to ensure their workplace and tools meet safety standards and are in proper condition.
If you get hurt in a work-related construction accident, workers’ compensation laws usually apply. New York also has labor laws that can provide additional protection to construction workers injured on the job. These other laws allow workers to seek monetary damages in certain situations.
Labor laws and safety regulations can be complicated. Determining who is liable after a construction accident can be difficult without the help of someone with experience handling these types of cases. At the New York Law Office of Irene H. Gabo, P.C., we can ensure that you file claims after your accident that can help you obtain the maximum damages the laws allow.
New York Workers’ Compensation Law
New York requires most employers to carry workers’ compensation insurance. Workers’ compensation provides money and/or medical care for workers who are injured or become ill as a direct result of their job. In a workers’ compensation case, no one party is determined to be at fault. All that matters is that the injury is work-related.
Workers’ compensation pays for necessary medical costs-those directly related to the work-related injury or illness and his or her recovery. Workers’ compensation also pays partial wages, which are calculated by a complicated formula. Workers’ compensation will not pay non-physical injuries that result from your construction accident.
In most situations, the availability of workers’ compensation prevents you from seeking other legal recourse from your employer for your workplace injuries.
New York Labor Laws
Section 200 of New York Labor Law obliges various parties to use reasonable care to maintain a construction work site. There are a variety of non-employers that must also use reasonable care. For example, vendors, equipment manufacturers, contractors, sub-contractors, and building owners have obligations to maintain safe conditions.
The failure to use reasonable care can result in some of the following accidents and injuries:
- Structural failure
- Negligent supervision
- Electrical accidents
- Chemical accidents
- Gas explosions
- Construction site debris
- Accidents related to ice and snow
- Faulty equipment
- Defective tools and machinery
New York has labor laws that have special provisions to protect workers injured in accidents that involve heights. Section 240 is commonly called the “Scaffolding Law.” This law holds property owners and contractors legally responsible for injuries and damages that arise from an elevation related accident on the premises. It covers construction workers who conduct jobs using and are injured by some of the following:
Lawsuits filed under the scaffolding law often involve injuries caused by the following types of construction accidents:
- Scaffolding collapse
- Falling off scaffolding
- Falling from high up
- Crane accidents
- Forklift accidents
- Heavy machinery accidents
- Falling debris
- Ladder falls
- Harness failures
New York Labor Law 241
Section 241 of New York Labor law may be used to hold even more people legally responsible for construction accidents. It requires general contractors and property owners to comply with the New York State Industrial Code. Under this section of the law, architects, manufacturers, and sub-contractors an also be held liable for construction-related accidents.
Personal Injury Laws Also Protect Victims of Construction Accidents
If you are an employee injured in a workplace accident, workers’ compensation prohibits you from pursuing your employer in court for additional damages. Workers’ compensation rarely provides benefits sufficient to compensate the victim of a serious construction accident fully.
However, there are third parties you may be able to hold liable. You might be able to collect compensation from a third party for damages such as pain and suffering, loss of enjoyment of life, and emotional distress. For example,
- If the ladder you fell from had a design defect, you might be able to file a lawsuit against the ladder manufacturer and collect damages.
- If you fell into a sinkhole while working on the construction site, you might be able to file a lawsuit against the property owner and collect additional compensation for your injuries.
- If the truck you are driving during your construction job blows a tire causing you to lose control and crash, you may be able to file a lawsuit against the tire manufacturer or the company responsible for maintaining the safety of the vehicle.
Proving third-party liability is not always easy. Having the right New York construction injury accident attorney doing this work for you is key. You need to focus on recovering from your injuries, let us focus on the outcome of your case.
Call Our Lawyer to Learn About Collecting Compensation After Your Construction Accident
New York personal injury law, labor law, workers compensation law-how do you know which one applies to your claim? What will provide you with the best path to a successful outcome? Can I choose more than one type of action?
Getting answers to these questions is one reason to contact the Law Office of Irene H. Gabo, P.C. You must seek advice from a construction lawyer who has experience handling construction claims under the variety of applicable laws and regulations.
You can make informed decisions and not forfeit your legal rights. Have strong advocates on your side, asserting for your rights.
Call our New York construction accident lawyers today at (800) 560-0214 for a free evaluation of your claim.