There are a host of laws that hold general contractors and sub-contractors strictly responsible for all sorts of construction site accidents like falls from high places, scaffolding collapses, ladders breaking or falling over, and falling objects from tall heights that can cause a worker to sustain serious injuries.
Construction companies are in the business of making money! They take out large construction loans and are paying interest on those loans. They are paying sky-high insurance premiums when the project is going on. They are in a rush to finish the project and these contractors are known to cut-corners by using old safety equipment and skimping on safety. As a result, workers get hurt!
If you are a construction worker or a family member of one who was injured in a Brooklyn construction site accident you need an experienced Brooklyn Construction Accident Lawyer on your side. There are laws in place to protect workers but you need an attorney to guide you through the legal process which can be daunting. With Fifteen years of legal experience, we will fight for your rights with respect to your construction site accident and the injuries you sustained as a result, as well as the wages you lost as a result of your time out of work.
What are the Most Common Types of Construction Accidents in Brooklyn?
The hard-working men and women that do the physical labor to build our cities are arguably engaged in some of the most dangerous work there is in Brooklyn. They include skilled professionals such as laborers, electricians, masons, plumbers, roofers, ironworkers and other crafts. They all experience risks on a daily basis while on a construction site. With new construction projects popping up all over Brooklyn, from Park Slope and beyond, there are many different types of situations that can lead to an accident where a construction worker sustains injury, or in the worst case, death.
Common Injuries Resulting from Brooklyn Construction Site Accidents
Injuries in construction-related accidents tend to be very serious or catastrophic in a lot of cases. Workers can be severely injured and unable to work for the rest of their lives or even succumb to their injuries after a workplace accident.
Because there are so many different types of tradesman on a construction site at any given time, the types of injuries also vary widely. Below are some of the different types of injuries we commonly see in construction accident cases we've handled:
- Broken bones,
- Traumatic brain injury or TBI for short,
- Back injuries,
- Neck injuries,
- Eye injuries,
- Cuts or lacerations, and
- Crushed limbs.
When a construction worker suffers catastrophic injuries after a construction accident, only a Brooklyn construction accident lawyer can protect their rights.
Who Can Be Held Accountable for Brooklyn Construction Site Accident Damages?
Determining who can be held responsible in a construction site accident in Brooklyn is not always easy. That is why you want to retain an experienced construction accident lawyer who understands all the applicable labor laws and regulations. In some cases it is your employer, the General Contractor or even sub-contractors.
What New York Labor Laws are Applicable to Construction Accident Cases?
All construction companies and property owners must abide by the New York Labor Law and must provide construction workers with a safe work site at all times. Violations under applicable code sections can provide an alternative for you to sue for damages. Three special statutes, Sections 200, 240, and 241 hold contractors, owners and other agents liable for workers who are injured on a construction site.
What you can collect will vary since different parties carry different insurance types and coverage amounts. Possible responsible parties could include construction managers, general contractors, subcontractors, etc. Determining who the responsible parties are in a construction site accident can be very challenging. You need a Brooklyn construction accident lawyer who can help you determine whether you have a claim outside of workers' compensation benefits.
Section 200 requires that general contractors and owners must provide adequate and reasonable protection to the life, safety, and health of anyone employed there or who lawfully frequents the site. If there is a potential danger, they must address it, and all workers must have the proper safety equipment. If you are a construction worker who is seriously injured due to a dangerous Section 200 violation, you may have a right to pursue damages.
Section 240 “Scaffolding Law”
There is also a “Scaffolding Law,” which is explained in Section 240. This regulation sets forth guidelines on how to properly erect, secure, and fasten scaffolding. Failure to follow the rules means someone could get hurt. If you can show a violation of Section 240, there is no need to prove the owner or contractor was negligent; the violation alone makes them strictly liable for your injuries.
Section 241 of the Labor Law provides relief for workers who may have a right to sue the general contractor and owner in various scenarios, including unsafe equipment, unsafe work practices, trip and falls, etc. There are specific provisions for safety precautions related to demolition, excavation, and construction on a worksite. It discusses what actions owners and contractors should take and the safety equipment they should provide to workers.
Under section 241(6), contractors or property owners could be held accountable for any accident that occurs under their control or supervision without the need for an injured worker to establish negligence.
As a construction worker, you may have additional protections afforded to you under New York's Labor Codes. This could provide an avenue to bring a lawsuit against an owner, general contractor, or other responsible party for violating one of these code sections.
Who you sue will vary depending on the circumstances. Before pursuing a claim, speak with a Brooklyn construction accident lawyer. We can tell you whether you have the grounds to bring a lawsuit and who the responsible parties will be.