Experienced New York Construction Accident Attorney
If you’ve been injured in a construction accident in New York, you need an experienced attorney to fight for your rights. The Law Office of James J. Corbett, P.C. offers a unique and powerful combination of decades of legal experience and the construction industry knowledge that comes with working on a construction site. James J. Corbett, Esq. has over 30 years’ experience representing clients throughout New York City and Long Island. In addition, he has managed numerous construction projects and was a co-founder of a construction project management company.
What to Do After a Construction Accident
If you’ve been injured in a construction accident, it’s important to take the following steps to protect your rights:
- Seek medical attention right away, even if you don’t think your injuries are serious.
- Report the accident to your supervisor and keep a record of the report.
- Gather any relevant documentation, including photos of the accident site and the injuries you sustained.
- Contact an experienced construction accident attorney to discuss your legal options.
Types of Construction Site Accidents
Construction sites can be dangerous places, and accidents can occur at any time. Here are some common types of construction site accidents and how they can be prevented:
- Falls: Falls are one of the most common types of construction site accidents. They can be caused by a variety of factors, including working at heights, tripping over debris, and slipping on wet surfaces. To prevent falls, workers should be provided with proper fall protection equipment, such as harnesses and guardrails, and be trained in proper ladder and scaffold safety.
- Electrocution: Electrical accidents can be particularly dangerous, as they can cause serious injuries or even death
- Structural collapses: Structural collapses can be caused by a variety of factors, including poor design, inadequate construction, and improper maintenance. To prevent structural collapses, it’s important to ensure that all construction plans and procedures are followed correctly, and that proper inspections are conducted to ensure the stability of the structure.
- Heavy machinery accidents: Heavy machinery, such as cranes and excavators, can be dangerous if they are not used properly.
- Vehicle accidents: Vehicle accidents can occur on construction sites due to a variety of factors, including poor visibility, congestion, and reckless driving. To prevent vehicle accidents, it’s important to have clear traffic control procedures in place and to ensure that all workers are trained in safe driving practices.
Your Are Not Limited to Workers’ Compensation. You May Be Able to Sue Parties Other than your Employer
If you have been injured in a construction site accident in New York, there are several parties that you may be able to hold responsible for your injuries. These parties include:
- The construction company: If the construction company was negligent in maintaining a safe work environment or in adhering to safety regulations, they may be held liable for your injuries.
- The property owner: If the property owner was aware of any hazards on the construction site and failed to take action to address them, they may be held responsible for your injuries.
- The general contractor: If the general contractor failed to properly supervise the construction site or ensure that safety protocols were followed, they may be held liable for your injuries.
- The manufacturer of defective equipment: If the equipment used on the construction site was defective and contributed to your injury, the manufacturer may be held responsible.
- Other contractors or sub-contractors: If another contractor or sub-contractor on the construction site was responsible for creating the hazard that caused your injury, they may be held liable.
If you have been injured in a construction site accident, it is important to speak with an experienced New York attorney as soon as possible to determine who may be held responsible for your injuries. James J. Corbett, P.C. can help you navigate the legal process and fight for the compensation you deserve.
New York Construction Site Accident Law
New York has some of the most comprehensive labor laws in the country, including provisions that protect workers in the construction industry. These laws are designed to ensure that construction sites are safe and that workers who are injured on the job receive the financial compensation and medical care they need.
One of the key laws that applies to construction site accidents in New York is the Labor Law. This law imposes certain duties on construction site owners and contractors to provide a safe workplace for workers. For example, under the Labor Law, construction site owners and contractors must:
- Provide adequate safety equipment and training to workers
- Maintain the construction site in a safe condition
- Protect workers from hazards, such as falling objects or unguarded machinery
- Properly secure any scaffolding or other temporary structures
If a construction site owner or contractor fails to meet these duties and a worker is injured as a result, the worker may be able to bring a claim under the Labor Law. These claims can be complex, and it is important to have an experienced attorney on your side to help you navigate the process and fight for your rights.
In addition to the Labor Law, there are other laws that may provide protection for construction workers in New York. For example, workers may be entitled to workers’ compensation benefits if they are injured on the job, regardless of who was at fault for the accident. Workers may also be able to bring a claim for negligence if the accident was caused by the reckless or careless conduct of another party.
New York Scaffold Law
Labor Law 240, also known as the “Scaffold Law,” is a New York state law that imposes liability on property owners and contractors for gravity-related injuries that occur on construction sites. The law, which was enacted in 1885, is meant to protect construction workers from falls and other accidents caused by inadequate safety equipment or dangerous conditions on a job site.
Under Labor Law 240, property owners and contractors have a “non-delegable duty” to ensure that construction sites are safe for workers. This means that they cannot shift the responsibility for safety to employees or subcontractors. If a worker is injured due to a violation of Labor Law 240, the property owner or contractor can be held strictly liable for the injury, regardless of whether they were directly at fault.
One of the key provisions of Labor Law 240 is the requirement that property owners and contractors provide appropriate safety devices, such as scaffolds, ladders, and hoists, to protect workers from falls and other gravity-related injuries. These devices must be properly maintained and used in accordance with industry standards.
In addition to the requirement to provide safety devices, Labor Law 240 also imposes a duty on property owners and contractors to properly train and supervise workers, and to ensure that the work site is kept in a safe condition. This includes taking steps to protect workers from hazards such as falling objects, electrocution, and other dangers.
Labor Law 241(6)
New York Labor Law 241(6) is a state statute that aims to protect workers from dangerous conditions on construction sites. This law requires construction site owners and contractors to take certain measures to ensure the safety of their workers and to prevent accidents and injuries.
Under this law, construction site owners and contractors are required to provide workers with appropriate safety equipment and to ensure that the site is free of hazards. They must also post warning signs and establish safety rules to ensure that workers are aware of the potential dangers on the site.
In addition to these requirements, Labor Law 241(6) also imposes a duty on construction site owners and contractors to maintain the site in a safe and clean condition. This includes ensuring that the site is free of debris and that any hazardous materials are properly stored and labeled.
Violations of Labor Law 241(6) can result in fines and penalties for construction site owners and contractors. In the event of an accident or injury, workers may also be able to file a personal injury lawsuit against the site owner or contractor if it is found that their negligence contributed to the accident.
In addition to workers’ compensation, there may be other types of damages that you can recover for a construction injury. These can include:
- Pain and suffering: If your injury has caused you physical pain and emotional distress, you may be able to seek damages for these types of “noneconomic” losses.
- Loss of enjoyment of life: If your injury has significantly impacted your ability to engage in activities you previously enjoyed, you may be able to seek damages for loss of enjoyment of life.
- Loss of consortium: If your injury has affected your relationship with your spouse or other family members, you may be able to seek damages for loss of consortium.
- Punitive damages: In some cases, a construction company or other party may be found to have acted with gross negligence or malice, in which case you may be able to seek punitive damages to punish the company and deter similar conduct in the future.
If you have been injured in a construction accident, it is important to seek the advice of an experienced attorney who can help you understand your rights and options for recovery. James J. Corbett, P,C. is dedicated to helping construction workers get the compensation they deserve. Contact us today for a free consultation to discuss your case.
If You Have Been Injured Call James J. Corbett, P.C. Now at 516-679-9494.
Even when workers’ compensation covers a person, frequently, the accident circumstances give rise to a claim against some party other than the employer. Any workplace injury should be investigated for other potential compensation as the damages allowed by workers’ compensation can be inadequate. These third-party claims can arise against subcontractors at construction sites, manufacturers of equipment and machinery or their operators, property owners, operators of motor vehicles, or on rare occasions, against co-workers or supervisors.