Helping the Injured Across New York including Nassau County, Suffolk County, Queens, and Brooklyn
Workers who get hurt on construction sites are usually eligible for workers’ compensation to help with medical bills, lost wages, and more. But they may be entitled to additional compensation from other parties that were responsible for their injuries. The inherent danger of construction means that certain steps must be taken to keep workers safe. Failure to adopt such measures could lead to injury and result in liability.
You have the right to do your construction job free of unreasonable dangers. If someone has failed to follow the law and thereby caused injury, let the personal injury attorneys of Miller, Montiel, & Strano, P.C. fight for you. They are based in Nassau County and serve the greater New York Area.
Types Of Construction Accident Cases We Handle
Our experienced personal injury team has represented construction workers in a broad array of cases. They include accidents involving the following:
- Collapsing or inadequate scaffolding
- Falls from ladders
- Falls from heights
- Falls through floor openings
- Falling objects such as materials, equipment, and tools
- Falls caused by unsafe conditions
- Construction equipment injuries
- Electrical, fire, and explosion injuries
- Toxic fumes and hazardous materials
- Structural collapses
- Brazing and welding
- Negligent contractors, supervisors, and superintendents
- Punch presses
- Pneumatic tools (nail guns and the like)
- Window washing
Who May Be Responsible For A Construction Accident?
There are a number of different parties who could be held liable for conduct that causes injury to a construction worker. Some examples include:
- Property owners
- General contractors
- Manufacturers of defective equipment
- Scaffold suppliers
- Outside parties near the construction site (e.g. motorists)
What Safety Rules Are Required By New York Law?
In the context of construction site injuries, there are three relevant sections of the New York Labor Law that protect workers: Labor law sections 200, 240, and 241.
This part of the law imposes a general duty on employers to keep their workplaces safe. Because construction sites fall under this law, they are required to be “constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places.” Machinery, equipment, and other devices used on such sites must be “so placed, operated, guarded, and lighted as to provide reasonable and adequate protection to all such persons.”
Known as the Scaffolding or Scaffold Law, this provision requires certain safety features for scaffolding or staging of elevated work sites. The scaffolding must be constructed, placed, and operated so as to give proper protection to a construction site worker. The scaffold must be constructed to prevent swaying and must be able to bear the weight of the people and equipment placed on it. Ladders must be in condition and placement to provides proper protection to the person using it. Construction workers are also protected from falling objects under Section 240.
Construction workers in particular are granted certain protections under Section 241. The law imposes specific safety regulations to cover workers who are injured while constructing, demolishing, or doing excavation work. Subsection 6 requires that all areas in which construction, demolition, or excavation work is to be performed “shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places.”
Other Forms Of Liability
As mentioned above, manufacturers of construction equipment may also be held liable for producing and selling defective machinery and devices. Manufacturers are required to take reasonable steps to ensure their products are safe when used properly and come with sufficient safety warnings. A malfunctioning piece of construction equipment could therefore give rise to legal action.
Engineers, architects, and landscape architects may be held liable under certain circumstances. For example, architects must design buildings according to certain professional standards. We work to identify all parties directly involved with the construction site who could be held responsible for worker injuries.
Other individuals who may visit or come near the construction site, such as motorists, must avoid engaging in negligent action. Construction sites are already dangerous enough and are often made more so by their proximity to busy roadways. Irresponsible drivers who cause injury to construction workers can be held liable for any injuries they cause.
Sometimes construction workers are injured because of a dangerous condition on the property that is not directly related to the construction work. For instance, a private homeowner who hires a construction crew to remodel a house must make sure the house is safe. A worker who is injured because of an unsafe property can sue under the legal doctrine of premises liability.
How Miller, Montiel, & Strano, P.C. Can Help
When injured construction workers hire our law firm, we take the following steps to fight for compensation:
- Review official records concerning the work site, including OSHA investigations, permits, citations, inspections, and others
- Review the records of any injured workers, such as workers’ compensation filings, hospital records, and more
- Speak to accident witnesses and obtain affidavits documenting what they observed
- Take pictures and record video of the work site
- Identify any and all parties involved with the work site who could be held liable (e.g. property owners, general contractors, and subcontractors)
- Obtain copies of all insurance policies covering activities at the work site
- Start a lawsuit against the responsible parties and, unless we receive an offer that you believe to be fair for the losses you have sustained, bring your case to trial
Contact Our New York Construction Accident Attorney
Suffering a construction site injury is scary. Not only must you suffer the injury itself, but you could also be off your feet recovering for weeks or months. Because the nature of your work requires physical labor, a debilitating injury could permanently put you out of a job. Miller, Montiel, & Strano, P.C. understands what’s at stake in your injury claim. We will represent you with the time and dedication you deserve so you can be fairly compensated for your injuries. Contact us today for a consultation regarding your case.
Miller, Montiel, & Strano, P.C. help clients with their construction site accident claims throughout New York including Nassau County, Suffolk County, Queens, and Brooklyn.