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If You Were Injured After A Fall on a Construction Site in New York, Can You Sue?

a construction worker on a tall scaffolding in new york

Falling at a construction site in New York can result in serious injuries, as many of these sites are large, crowded, and at a significant elevation. Fortunately, New York’s labor laws and safety regulations provide significant protections for construction workers. As a result, when construction works are injured on work sites, they can seek relief through a workers’ compensation claim and a lawsuit (called a third-party action) against property owners, contractors, and others who caused or contributed to their injuries.

If you or a loved one were injured in a fall at a New York construction site, reach out to Lever & Ecker’s Bronx construction accident lawyers to learn more about available routes toward compensation for your injuries and related damages. Contact us today to schedule your free consultation.

Key Takeaways

  • Construction workers are generally prohibited from suing their employers regarding a job-site accident, as their remedy as to their employer is to pursue workers’ compensation benefits.
  • However, if you were injured in a fall at a New York construction site, you may be able to file a third-party lawsuit against entities other than your employer, such as the site owner and construction manager/general contractor.
  • In most cases, you only have three years after an accident to file suit.
  • An experienced New York construction accident attorney can help you identify the parties responsible for your injuries and pursue legal action against them.

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
David B. Lever

David B. Lever

Founding Partner

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.

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.

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Have you suffered an injury?

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