Whether working at or visiting a construction site, one thing everybody knows is that an accident can happen at any time. What many also know is that most accidents are preventable … what they may not know is that this means human error contributed to the incident and injuries. This also means someone is liable for the costs associated with your injuries.
Your Construction Accident Attorney in White Plains, New York
Working construction is dangerous. This is a given. But, dangerous does not excuse negligence.
Despite the numerous safety regulations governing construction sites, roughly 1 in 10 workers will suffer a construction injury each year, according to OSHA. Yet, the majority of those incidents will have been preventable. If this regulation had been followed, if this person followed the regs, if the boss really cared…
The simple fact is that some construction and insurance companies know they could face a certain number of lawsuits related to incidents (not just accidents). They also know that those lawsuits could cost money, so they might weigh the costs to meet safety regulations against the costs of potential lawsuits. If it sounds cold, it is. But that is the way business is done today.
And the companies do not lay down without a fight. When you believe you have been injured in a construction accident in New York, you need a skilled litigation attorney, someone who is experienced and fully understands the court system. You need an advocate who is not afraid to take on the major construction companies.
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Causes of construction injuries
Construction injuries have several common elements. Most occur as:
- Ladder accidents
- Falling objects
- Scaffolding accidents
- Crane and forklift incidents
- Improper safety practices/poor training
- Lack of safety equipment
- Explosion-related injuries
If the injury happened on the job, workers’ compensation should help, but you may still be entitled to file a civil lawsuit. For instance, if a subcontractor were responsible for the incident, there would be a third-party liability.
In fact, with the large number of general contractors on construction job sites, many claims will fall under this category. If you want to know if you have a case, contact the Law Office of Michael Tawil at 914-281-1618.
New York construction accident law
New York is unique in that the state allows workers to file lawsuits for injuries received on the job despite workers comp. There are three key areas of the New York State Consolidated code which apply to construction worker injuries:
- Article 7: Section 200 requires employers and subcontractors to take reasonable precautions in workplace safety. Failure to provide a safe workplace could open them up to lawsuits for injuries.
- Article 10: Section 240 specifically addresses scaffolds. The law code provides strict liability and was designed to protect both workers and anyone who may pass beneath scaffolding.
- Article 10: Section 241 addresses the demolition and excavation portions of construction projects. This provision ties construction worker rights to the Industry Code, effectively expanding the right to file a lawsuit for injuries sustained on the job.
Taken together, these law codes provide workers in New York far more rights to protect themselves against unsafe job site practices than nearly any other state. This fact is both a blessing and a curse — a curse because far too few workers learn too late that they have the right to sue their employer or contractor. Too late is three years; that is the statute of limitations in NY.
Of course, there is also the big question: “Should I sue my boss?”