Construction sites in New York are inherently dangerous. As such, they are required to adhere to strict safety regulations. Despite these precautions, accidents still happen and often result in devastating injuries. If you have been injured while working on or near a construction site, you are likely wondering what your legal options are. Please continue reading to discover who may be liable for your damages and how an experienced New York City Construction Site Accident Attorney can help you fight for the compensation you deserve.
After a Construction Accident, Do I Have the Right to Sue?
In the unfortunate event that you have been injured on a construction site, you are likely considering filing a workers’ compensation claim. Workers’ compensation can provide compensation for your medical expenses and a portion of lost income, regardless of who was at fault for the accident. However, these benefits do not account for non-economic damages and often bar you from pursuing legal action against your employer. Therefore, it is important to consider alternative options.
Depending on the unique circumstances, you may still be able to pursue a third-party lawsuit against property owners, general contractors, equipment manufacturers, subcontractors, or equipment rental companies. A New York City construction site accident attorney can help you determine the best course of action.
How Do New York Labor Laws Protect Construction Workers?
New York labor laws safeguard construction workers:
- Labor Law 200: This is a general standard that requires property owners and contractors to maintain a reasonably safe work environment. If they fail to uphold this duty, they can be held accountable for their negligence.
- Labor Law 240 (The Scaffold Law): This standard protects construction workers from falls and falling objects. It renders property owners and contractors automatically accountable if they do not provide proper safety gear and a gravity-related injury happens.
- Labor Law 241(6): These safety standards require property owners and contractors to adhere to specific rules like the New York Industrial Code. A code violation can support your claim.
When these laws are disregarded, workers gain a stronger basis for their case.
What Should I Do After a Construction Accident?
Following a construction accident in New York, it is crucial to prioritize your health by seeking immediate medical attention. Even if you feel fine, it is important to be assessed by a medical professional, as certain injuries have delayed onset symptoms. Report the accident to your supervisor or foreman and request an incident report.
If you are physically capable, you should document the scene. Take photos or videos of the hazardous area, the equipment involved, any missing safety features, lighting conditions, and any visible injuries. You may be approached by your supervisor or an insurance representative who asks you to sign or give recorded interviews. It is in your best interests to avoid speaking to them about the accident before consulting a qualified attorney to protect your rights.
If you have been injured on a construction site in New York, please don’t hesitate to contact an attorney at Swerling Law. Our legal team is prepared to help you understand your options and pursue every possible avenue to compensation. Connect with our firm today to schedule a consultation.