When it comes to fatal workplace accidents and injuries, the construction industry is among the most hazardous. According to the New York Daily News, construction site accidents have increased drastically, possibly due to increased deadlines, increases in the cost of materials and a decrease in worksite inspections and shortcuts when it comes to site safety.
The law office of Darren T. Moore fights diligently to defend your rights and look into all of the potential at-fault parties in order to get financial compensation for victims and survivors of construction-related accidents. You need a construction accident attorney in Westchester, NY, on your side if you were hurt at work.
To discuss your case and assess your legal alternatives, our firm offers a free, no-risk case consultation. For additional information about your rights in construction accidents, ask questions during our initial session, or keep reading to learn more.
Know Your Rights for Construction Workplace Conditions
According to the Occupational Safety and Health Administration (OSHA) construction site rules, construction employees in New York City are entitled to a safe workplace. That’s not much to ask for is it but strangely enough it’s not always provided. Construction employees in New York’s private sector are protected by federal OSHA standards, while those in the public sector are protected by the state plan that has been approved by OSHA.
OSHA’s standards protect construction workers in the following areas:
- Protective gear and equipment
- Signs and signals
- Vehicle Safety
- Power tools
When OSHA construction industry rules are not followed, employees can suffer serious injuries.
The CDC reports that the OSHA Act of 1970 defends the rights of construction workers, empowering them to file complaints, request training, review past records of worksite history, and more.
Filing Lawsuits Against those Liable for Your Construction Accident
Since there are so many people employed in the construction sector and building sites are so widespread, the state has implemented a number of labor laws to keep the industry as safe as possible. Your construction accident lawyer in Westchester may file a lawsuit against some of the following parties when an accident on a city construction site occurs in order to help you get the compensation and “MOOREJUSTICE” that you deserve:
A property owner must ensure that construction workers have a safe location to work when they decide to build or alter a project in the city. According to Section 200 of the New York Labor Law, owners and general contractors must “provide reasonable and appropriate protection to the lives, health, and safety of all people employed therein or lawfully frequenting such places.” The Labor Law Sections 200, 240(1) and 241(6) that specifically deal with construction site accidents lists the owner specifically as a liable entity if certain site safety conditions are not met and an accident consequently happens.
In other words, it is the responsibility of general contractors and property owners to ensure the security of building sites. Any potential risks that might endanger a worker must be eliminated. To perform their duties, all on-site employees and construction workers must have the required safety equipment and training.
A general contractor is usually hired by the owner or a construction manager and they then assign portions of the work to subcontractors. Equally accountable for ensuring a safe workplace are general contractors. The labor laws that apply specifically identify the General Contractor as a statutory agent which means they may be held liable for your injuries if they are at fault and in certain circumstances even where they are not directly to blame for your accident and you get wounded.
Contractors and Subcontractors
Many different moving elements can be found on construction sites. After winning a bid, a general contractor assigns a portion of the work to subcontractors. Equally accountable for ensuring a safe workplace with regard to the work that they do are general contractors and subcontractors. You may be able to hold a subcontractor liable for your injuries if they are at fault for the “injury producing work” and you get wounded.
Architects and Engineers
Engineers or architects on a New York construction site may also in certain circumstances be held accountable by injured workers depending on the type of accident that occurs. These specialists create structures and buildings. They must follow commonly recognized professional standards when doing so. Architects and engineers in New York City are required to ensure that the inspections and building structure is up to code.
There are a huge variety of tools and machinery on construction sites. When the machines are broken, even the most skilled worker may suffer harm. You may be able to hold the manufacturer or seller of the defective piece of equipment strictly responsible if you suffer an injury at work as a result of it.
What a Construction Accident Settlement Covers
Expenses for medical treatment is expensive and may continue to climb while on the road to recovery. If you are unable to work for an extended period of time, it could be challenging to pay your daily expenses.
In bringing a construction accident claim, you might be able to recover damages in a lawsuit for:
- Pain and suffering
- Emotional distress such as, anxiety, depression and PTSD
- Physical therapy and rehabilitation
- Past and Future medical care needs
- Past and Future loss of earnings
- Loss of future earning capacity
- Loss of limbs, permanent scarring, or disability
- Loss of consortium
- Loss of life’s enjoyment
- Nursing support
- Loss of union benefits such as pension, insurance and annuities
Only a part of medical expenses, lost pay, and disability are covered by benefits from workers’ compensation insurance coverage. Legal action to hold a 3rd party liable for your accident can provide the extra compensation required to pay off debt or expenses incurred while paying for your injuries sustained in a construction accident.
Discuss Your Workplace Accident With an Experienced Construction Injury Lawyer in New York
As mentioned above, Workers’ compensation alone does not usually pay the costs of a construction accident injury, not even a fraction of it at times and that’s why you got to make certain that your interests are completely protected. Contact the construction accident attorney at Darren T. Moore Law Firm in Westchester, New York right now for a no-cost examination of your case and free legal advice.