Who Can Be Held Liable for Your Injuries After a Fall on a Construction Site in New York?
In construction accident fall cases, workers generally cannot sue their own employers, though they can file a claim for workers’ compensation benefits. However, victims of construction accident falls may be able to sue third parties for their injuries and associated damages, such as lost wages and out-of-pocket expenses:
- Construction site owners
- Contractors
Given the complexities of large project construction contracts, we at Lever & Ecker understand how challenging it can be to identify the proper entities to pursue legally after a construction site accident. Given our extensive experience in this area, we can wade through the thousands of pages of documents to find the correct parties and pursue them for the compensation our clients deserve for the injuries they have suffered.
Were You Injured in a Fall on a Construction Site?
You may be entitled to compensation.
Failure to Comply with Safety Regulations on New York Construction Sites
New York has many safety regulations meant to protect construction workers. Failure to comply with these regulations by owners and contractors can lead to injury lawsuits against them. Below are some of the most important safety reguations.
A Dangerous Condition That Went Unaddressed Caused Your Fall
New York Labor Law § 200 protects workers if a dangerous condition on a construction site causes their fall. The law requires all construction sites to be equipped and operated in a way that provides reasonable and adequate protection for the lives, health, and safety of workers. Under Labor Law § 200, all machinery, equipment, and devices on construction sites must be placed, operated, guarded, and lit to protect workers, and if a safety defect on-site injures a worker, that worker can hold contractors responsible.
You Weren’t Given Proper Fall Protection on the Job
New York Labor Law § 240(1) protects workers who weren’t given the proper safety gear to prevent fall injuries. The law specifies that all contractors, owners, and their agents must furnish proper scaffolding and other fall protection equipment and devices to properly protect workers on construction sites, and sets out the requirements for this equipment.
Video Transcript
A gentleman in his early 40s was injured when he fell off a scaffold at a construction site in Queens. He worked for an employer who had been hired as a subcontractor at the site. When he got up on the scaffold, he wasn’t provided with the proper safety equipment to prevent him from falling if something happened. He suffered what’s called a burst fracture in his spine that required an immediate operation. It was very touch-and-go early on. I remember going to the hospital and being with his wife, and nobody knew what the future was going to hold for this gentleman. I spoke with my client’s wife probably every day for the first couple of months after the accident, because her husband’s recovery was very, very challenging. Eventually he started to get better, although he was never able to go back to work as a carpenter.
The litigation focused on the fact that he wasn’t provided with the proper safety equipment he should have had to do the type of job he was asked to do. The sad part is that if he had that equipment, he never would have fallen off the scaffold to the ground, he never would have broken his back, and life would have moved on for this family.
In this scaffold fall case, one of the defenses was that there was actually safety equipment on site. However, that equipment was never given to my client. It was a non-delegable duty. In other words, the owner of the property and the general contractor had to make sure my client was provided with the safety equipment, but they never did.
After litigating the case all the way up to trial, it settled right before we picked a jury, for, I believe, $2.8 million. It was a very good settlement for this family, and it actually allowed them to breathe again. We were able to obtain a result that enabled them to pay off any existing bills and buy a home in the New York City community they had always wanted to live in. Even to this day, we made a difference in their lives, and that’s what motivates me in large part to do what I do, and what all of us do at Lever & Ecker. We all believe that our job is to fight for our clients’ rights and protect them, so that they can get maximum justice and the compensation they deserve and live the life they want to live.
The Construction Site Wasn’t Following Safety Rules
New York Labor Law § 241(6) is designed to protect workers when construction sites don’t follow safety rules. The law requires all contractors, owners, and their agents to equip all areas where work is being performed with reasonable and adequate protective safety measures for workers.
How Long Do You Have to File a Lawsuit After a Fall on a Construction Site in New York?
After a fall on a construction site in New York, the statute of limitations to file a lawsuit is normally three years from the accident date.
If you miss the correct deadline, your claim will be dismissed in court. However, there are some exceptions to the statute, with far shorter deadlines than three years, so it’s important to consult with a lawyer to ensure you file on time and don’t lose your chance to receive compensation for your injuries.
Don’t Wait to Find Out If You Have A Construction Fall Case.
Contact us today.
Lever & Ecker’s Construction Accident Lawyers Can Help
After a construction accident in New York, you may be facing serious injuries and surgeries—and, with them, serious medical bills. At Lever & Ecker, PLLC, our construction accident attorneys can pursue the remedies you deserve by bringing a lawsuit against the responsible parties for your injuries and related damages. You can count on us to provide top-tier legal representation and an open line of communication throughout the life of your case.
With offices in White Plains, the Bronx, and Queens, we help injured clients throughout New York State, including all five boroughs of New York City, all of Westchester County, and the surrounding counties. We make home and hospital visits, so if you can’t come to us, we’ll come to you. If you or a loved one were injured in a construction accident in New York, contact us online or call (914) 288-9191 or (718) 933-3632 to schedule a free, no-obligation consultation today.
