Construction Accident Claims in New York
New York Construction Accident Attorneys
We understand the dangers that construction workers face at jobsites and the horrific impact that catastrophic injuries have on injured workers and their families. While no amount of money can erase a catastrophic injury, significant financial compensation can help you focus on maximum medical improvement.
Construction accident cases are often complex and may require proof of specific industrial code violations. Our goal of focusing on Labor Law 240(1) and 241(6) cases began while representing a worker that was injured when formwork near the 42nd floor of a SoHo hotel-condo complex collapsed during construction.
New York Labor Law in Plain English
Labor Law Section 200
Labor Law Section 200 generally requires owners and contractors to provide reasonable protection to workers at a construction site.
Labor Law Section 240(1) — the "Scaffold Law"
Labor Law 240(1), known as the "Scaffold Law," requires, for example, proper protection for workers engaged in labor involving height or gravity-related risks, such as workers using ladders, scaffolds, or elevated work areas. It generally requires owners and contractors to provide proper fall protection and/or safety equipment, and generally holds them liable if there is a violation.
Labor Law Section 241(6)
Labor Law Section 241(6) requires, for example, specific safety standards for construction, demolition, and excavation work.
What Causes Construction Accidents?
Here are some examples:
- Struck by falling objects — for example, an ironworker struck by improperly secured heavy construction materials that fell several feet.
- Electrical accidents — for example, an electrician that was electrocuted because safety equipment wasn't readily available or the safety equipment provided did not meet the proper rating class.
- Fall-related accidents — for example, a welder that fell from an elevated work area because of unprotected sides, wall openings, or an unsecured scaffold or ladder.
- Heavy equipment and vehicles — for example, crane and forklift incidents at the jobsite.
Examples of Construction Accident Injuries
Crush injuries from collapsing trenches or heavy falling objects can cause catastrophic injuries. Paralysis sometimes occurs when the spine is damaged after falling from a ladder or scaffold. Traumatic brain injuries, bleeding in the brain, seizures, infection, and permanent neurological problems sometimes occur because improperly secured building materials fell on a worker. Other examples include asbestos-related diseases, electrocutions, wrongful death, and catastrophic burn injuries.
Workers in the Building Trades
Workers affiliated with the following unions sometimes face safety risks at their jobsites, for example: Laborers' International Union of North America (LIUNA) — Local 79, Local 78, Local 147, Local 731, Local 1010, Local 12A; NYC District Council of Carpenters (NYCDCC) — Local 157, Local 45, Local 926, Local 740, Local 2790; Iron Workers — Local 40, Local 361, Local 580, Local 46, Local 197; Plasterers & Cement Masons (OPCMIA) — Local 262, Local 780; Bricklayers & Allied Craftworkers (BAC) — Local 1, and others.
Frequently Asked Questions
Who is liable for construction accidents in New York?
Building owners and general contractors are generally responsible for maintaining a safe worksite. Others may be liable, depending upon the facts and circumstances of each case, applicable labor laws and/or specific industrial code violations. Labor Law Section 200 generally requires owners and contractors to provide reasonable protection to workers. Labor Law Section 240(1), known as the "Scaffold Law," requires, for example, proper protection for workers engaged in labor involving height or gravity-related risks such as workers using ladders, scaffolds, or elevated work areas. Labor Law Section 241(6) requires, for example, specific safety standards for construction, demolition, and excavation. Construction accident cases often require proof of specific industrial code violations.
Do I have a case after a construction accident in New York?
Yes, if New York Labor Law(s) were violated and a third party — that is, not your employer — is liable for the accident, for example, you may be eligible to pursue a third-party case. Each case is unique and it depends on the facts and circumstances of your accident.
Is my employer responsible for my injury?
Your employer is generally responsible for having workers' comp; other parties may be legally liable for your accident. Each case is unique and it depends on the individual facts and circumstances of your accident.
What are my rights after getting hurt on a construction site?
You may be entitled to, for example, compensation for damages such as the reduction of your earning potential, past and future pain and suffering, emotional distress, medical expenses, lost wages, loss of consortium, damages for the wrongful death of a loved one, punitive damages, out-of-pocket expenses, and damages as a result of a permanent disability.
Is this considered negligence?
If you were injured at your jobsite because of improper safety equipment, for example, that may have been caused by another party's negligence.
Does New York Labor Law apply to my accident?
Yes, it may, if the injury occurred during construction, demolition, or renovation work, for example, and there were Labor Law violation(s).
Does NY Labor Law 240 cover ladder and scaffold falls?
Yes. It generally applies to elevation-related falls at, for example, construction or demolition sites where there were Labor Law violation(s). Often yes — such as if the ladder provided to you at a construction site was broken and/or improperly secured. In many cases, Labor Law 240 covers ladder falls.
What is strict liability under NY Labor Law?
Strict liability is where, for example, someone is held responsible for damages or harm caused by their actions and/or inactions without having to prove negligence in other ways.
What's the difference between Labor Law 240 and 241?
Labor Law 240(1) generally covers elevation hazards and elevation risks; Labor Law 241(6) generally covers general site safety violations and general construction safety.
Can I still recover if I was partially at fault?
Yes. Partial fault generally does not bar recovery in Labor Law cases.
What if my employer didn't have safety equipment?
That may strongly support a Labor Law claim.
Is it illegal not to provide safety equipment in New York?
Yes. Depending on the facts and circumstances of each case, the failure to provide safety equipment may be a violation of New York Labor Laws.
What is New York Labor Law 240?
Labor Law 240(1) is a law that protects certain workers from, for example, height-related hazards.
Is a scaffold fall strict liability in New York?
Often yes, for example, if proper safety devices were required and not provided.
Can I sue after getting hurt on a construction site in NY?
Injured construction workers in New York generally can pursue a lawsuit in addition to workers' compensation if, for example, somebody other than your employer is liable for violating New York Labor Law(s).
New York construction accident attorneys explain Labor Law 240(1), 241(6), common causes, injuries, and your rights. Free case review: 800.410.1111.
