Busy cities mean busy construction sites. While construction sites result in beautiful, functional structures, they can be extremely dangerous for those working on site.
Construction sites are inherently dangerous, with accidents occurring frequently.
Fortunately, if you or a loved one has suffered injuries on a construction site, a New York construction site attorney may be able to help.
New York Construction Injury Laws
In New York, there are specific laws to consider when filing a lawsuit after a construction site injury. Luckily, a knowledgeable New York construction accident attorney is familiar with all relevant law.
Statute of Limitations
A statute of limitations is a law imposing a time restriction on a person’s right to file a lawsuit. In New York, you have three years after the date of the accident to file your lawsuit.
If a loved one passed away due to a construction site accident, their family will have two years after the date of the person’s death to file a claim on behalf of the deceased.
While you may still be able to file your lawsuit after the time clock has run, you are unlikely to succeed, as cases will typically be dismissed. Avoid forfeiting your right to file a lawsuit and contact a construction accident lawyer in New York today.
Construction Site Labor Laws
There are certain relevant labor laws pertaining to construction site accidents. These laws include New York Labor Law Sections:
Under Labor Law Section 200, contractors must provide construction workers with adequate protection at all construction sites. Section 240 deals with requirements for safe scaffolding and ladders. Section 241(1) provides that construction workers must have certain tools, including ladders, hoists, braces, ropes, and any other device giving workers proper protection.
Under Section 241(6), owners and contractors must follow the State’s Industrial Code, and if they fail to comply, they may be found liable for construction site accidents.
Types of Construction Site Accidents
There are numerous types of construction site accidents, but some of the most common include:
- Machinery accidents,
- Building collapses,
- Scaffold malfunction, and
- Ladder malfunciton.
Construction sites present a constant danger for workers, with the possibility of many things going wrong at any moment.
Construction Site Injuries
Some of the most common injuries resulting from construction site accidents include:
- Broken bones,
- Eye injuries,
- Lower extremity injuries,
- Head and neck injuries,
- Back or spinal cord injuries, and
- Illness resulting from toxic exposure.
In the most unfortunate cases, accidents result in death. Because construction site accidents can vary so greatly, injuries can also vary in severity.
What Causes Construction Site Accidents?
Construction site accidents can happen for many different reasons, such as:
- Poor safety measures,
- Improperly maintained machinery,
- Failure to provide overhead protection,
- Failure to provide worksite protection,
- Insufficient training, or
- Someone’s negligence.
Whatever the cause may be, your New York construction accident attorney will work diligently to discover who may be responsible and fight for the compensation you deserve.
Who Is Liable for My Construction Site Accident?
Construction site accidents can be the responsibility of one or multiple parties. The parties most commonly found to be at-fault in construction accidents include:
- Construction site owners,
- General contractors, and
Depending on the circumstances surrounding your accident, an investigation will take place to reveal who may be held liable for your accident and injuries.
Workers’ Compensation Benefits After a Construction Site Accident
If a construction worker suffers an injury on the job, they will file a workers’ compensation claim. Workers’ compensation provides financial assistance for employees injured on the job. Some of the benefits available include:
- Coverage of medical bills,
- Lost wages,
- Disability benefits, and
- Death benefits.
The benefits available to you depend on your particular circumstances.
Can I Sue My Employer If I’m Injured at a Construction Site?
Construction workers injured on a construction site will typically file for workers’ compensation benefits. If you receive workers’ compensation benefits, you cannot sue your employer for your construction site accident, except under certain circumstances, namely, the “grave injury” exception.
However, you may be able to sue third parties. Third parties may include:
- Machinery manufacturers;
- Rental companies providing heavy equipment; and
- Those responsible for equipment maintenance.
If a third party plays a role in your construction site accident, you may pursue legal action against them. If a loved one’s construction accident resulted in death, that person’s family may bring a lawsuit as well.
While you may not be able to sue your employer, there may be other legal options available. A construction accident attorney in New York can review the details of your case and decide what kind of lawsuit, if any, you can file.
How a Construction Accident Attorney Can Help
A NYC construction accident lawyer can be a significant help in your case. Your attorney will protect your rights and get you the benefits and compensation you are entitled to. Depending on the kind of lawsuit you intend to file, a lawyer will handle all aspects of your case, including:
- Proving liability,
- Calculating damages,
- Settlement negotiations, and
- Taking your case to trial.
Having a qualified New York construction accident lawyer on your side can make all the difference in the outcome of your case. You are more likely to reach a more favorable outcome with the assistance of an attorney.
Contact a New York Construction Accident Lawyer
If you or a loved one has suffered injuries after a construction site accident, do not hesitate to contact a construction accident lawyer in NYC.
Ginsberg & Caspi has over 47 years of combined experience helping clients recover after suffering injuries. We use our knowledge, skills, and expertise to build the strongest case possible and help get our clients the best possible outcome.