New York Labor Law Lawyers
For the more than 545,000 construction workers employed across New York State, a typical day’s work comes with incredible risk, and they are often seriously injured due to the lack of proper safety protocols. The New York Labor Law lawyers at Douglas & London represent individuals injured in construction accidents. Additional financial recovery beyond workers’ compensation may be possible through a third-party personal injury claim. Schedule a free consultation today to explore your options under New York Labor Laws.
New York Labor Law and Construction Accidents
New York Labor Laws protect workers in the construction industry. As noted, it allows injured workers to pursue compensation in addition to workers’ compensation and holds construction companies and contractors responsible for providing safe worksites. Here are some of the most critical sections:
- New York Labor Law 200 requires construction companies, contractors, and other parties to take proper precautions to provide a safe work environment for workers. They must provide reasonable protection for those who operate tools, equipment, and machinery. Lighting and safety guardrails are also required to protect against falls.
- New York Labor Law 241 protects construction workers using demolition and excavation equipment. It holds managers, site owners, and other parties responsible for taking safety precautions and providing appropriate equipment to protect workers.
- Known as the “Scaffold Law,” New York Labor Law 240 was initially intended to protect construction workers who worked at heights from falls and fall-related accidents. However, it has since evolved and expanded its protections. It now requires the owner or contractor of a project to provide proper fall protection equipment to prevent “gravity-related injuries” and enforce safety practices to avoid accidents. It addresses falls from scaffolding and ladders and protects workers below who can be struck by a falling object. Further, it places the responsibility of protecting workers on the company running the job site, not the workers themselves.
Possible Avenues for Compensation
Injured construction workers are entitled to Workers’ Compensation benefits. It is designed to cover the cost of all reasonable and necessary medical treatment. It is also designed to pay workers partial wages if they cannot perform their job. In addition, additional compensation through a third-party civil claim may also be possible.
Sometimes, injured employees can sue third parties whose recklessness or careless actions caused their accident. Common defendants include negligent drivers, manufacturers of defective equipment, and construction site managers. A personal injury claim can seek additional compensation to cover damages outside workers’ comp benefits, like pain and suffering, emotional anguish, and loss of spousal consortium. This action can result in an award far exceeding that which workers’ compensation pays.
Consult with the New York injury lawyers at Douglas & London to learn about your right and opportunity to recover compensation for all damages and losses after a construction accident.
Common Causes of Construction Accidents
As noted above, construction sites are inherently dangerous. In 2020, according to the U.S. Bureau of Labor Statistics, more than 21,400 nonfatal construction injuries were reported across the country. In addition, construction workers had the highest rate of fatal injuries, just behind the transportation and material-moving industries.
The leading causes of construction accidents include:
- Forklift accidents
- Trench collapse
- Roof and ladder accidents
- Falling debris
- Building and roof collapses
- Faulty machinery
- Explosions and fires
- Motor vehicle crashes
- Crane accidents
- Scaffolding accidents
Generally, construction accidents are preventable. With appropriate site management, safety gear, safety training, and equipment maintenance, every worker can go home safely at the end of their shift.
Steps to Take After an Accident
Here are the steps to take if you witness a construction accident:
- Secure the accident scene. Amid the confusion and chaos, stay calm to assist the injured victim. Assess the scene for hazards that pose an ongoing danger, such as unstable structures or loose wires. Shut down equipment or redirect traffic to secure the area and keep others from getting hurt.
- Assist the injured worker. Provide assistance for the injured construction worker. Call for medical help and do not move the victim unless there is a risk of further harm. If someone at the scene is trained in first aid, they can administer basic care until EMTs arrive.
- Document the scene. Evidence from the scene is crucial to a workers’ compensation or a third-party personal injury claim. If you can, photograph the accident site, including any equipment involved, obvious hazards, and property damage. This helps to reconstruct the event and offers a clearer picture of what happened.
- Report the accident. Report the incident to a site manager or supervisor as soon as possible. It should include critical details such as the date, time, location, and anyone who witnessed the accident.
How Douglas & London Can Help
A personal injury claim for a construction accident starts with a free case review. A New York Labor Law attorney meets with you to discuss your accident and how it has impacted your life. From there, we review the evidence and investigate your case to determine if there are grounds to bring a third-party claim. If so, we collect evidence to support your claim and calculate compensation for medical care, lost wages, and intangible losses you’ve suffered, such as pain, suffering, and mental anguish.
We file a claim with the liable party’s insurance company and work directly with them to negotiate a settlement. A civil lawsuit is the next step if the insurance company does not offer a reasonable settlement. Most cases are resolved through mediation. However, we are fully prepared to take your case to trial if necessary.
Our aggressive representation has helped many workers and their families to overcome the often devastating losses that construction accidents can cause. If an accident results in a fatality, we can pursue damages for medical expenses and loss of future support. Our firm has secured more than $18 billion in verdicts and settlements.
Schedule a Free Consultation With Douglas & London
For nearly two decades, the attorneys and staff at Douglas & London have had the privilege of representing those injured by the negligent or fraudulent actions of others. As a result of our efforts, we have achieved unparalleled results in individual cases and complex litigations.
We are here to support, guide, and advocate for you every step of the way. Schedule a free, no-obligation consultation with a New York personal injury lawyer today. From our Manhattan office, we assist clients throughout New York City and all of New York State. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.