Construction accidents may be devastating, destroying a victim's ability to earn a living and their quality of life. In 2015, according to the Bureau of Labor Statistics, several construction occupations across America recorded their highest fatality total in years. There are many laws in place to protect construction workers from suffering injuries or death, and our construction injury lawyers are here to help enforce those rights. Among other things, construction workers may be owed workers' compensation by an employer. However, in many cases, someone other than the employer is to blame for a construction accident. If you were injured due to someone else's negligence, the Bronx construction accident attorneys at Kramer & Pollack can help you explore your options.Pursuing Compensation for a Construction Accident
In New York, an injured construction worker may sue a third-party contractor under a common-law theory of negligence. They will need to prove that there was a dangerous condition that a third party controlled and knew or should have known was dangerous, and the dangerous condition caused their injury. For example, if an electrical subcontractor knows that there are several live wires on site but does not take proper precautions to warn other subcontractors, resulting in shock injuries to a framer or drywall contractor, the electrical subcontractor may be held responsible under a theory of negligence.
In addition, there are specific New York laws to address certain dangers that construction workers often face on job sites. Often, these sites have multiple different entities working on them with an obligation to create a safe job site. There are three New York Labor Laws that often apply to construction accident cases.
Labor Law 200 codifies common-law negligence. It requires the owners and contractors that have full control of a construction site to use reasonable care to provide safe workplaces and protections for workers. The defendant needs to have the authority to control the activity that caused the injury to be held liable.
Under Labor Law 240, which is also called the "Scaffold Law," construction workers who perform work that is incidental to erecting or repairing buildings and do so at heights should receive specific safety features, such as safety equipment. The law is supposed to provide protection from the special hazards created by gravity. When someone is hurt on a scaffold or elevation support that did not have these safety features, they may recover compensation from a third party that had an obligation to supervise the project and install those features. For example, if a plaintiff standing at the top of a ladder is hit and maimed by glass that is being hoisted with inadequate safety devices and hoisting, the plaintiff may have a claim under this law. Comparative negligence principles do not apply to these claims.
Under Labor Law 241(6), owners may be held vicariously (indirectly) liable for the negligence of their contractors, subcontractors, employees, or agents in failing to carry out certain safety actions or providing safety equipment in connection with areas where construction, demolition, or excavation are to be performed. The law also provides that contractors may be held directly liable for a negligent subcontractor’s failure to carry out certain actions or provide safety equipment on a structure. As a plaintiff, you will need to prove that you were hired to perform construction work on a structure and that the work includes erections, alterations, repair, maintenance, or painting.Consult a Construction Accident Attorney in Brooklyn or the Bronx
Our attorneys are dedicated to preparing your case thoroughly for trial. Prior to becoming plaintiff's lawyers, we worked for major insurance companies and the City of New York, which helps us anticipate defense tactics when representing our clients. Our Bronx construction accident lawyers are ready to vigorously advocate for your rights. We represent victims throughout New York City, including in Brooklyn, the Bronx, Queens, Manhattan, and Long Island. Contact us at 212-ANSWERS or via our online form to set up a free appointment with a personal injury or workers’ compensation attorney.