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Financial District Construction Accident Attorney
If you or someone you love have been involved in and hurt in a construction accident, you may be entitled to receive compensation. Speaking to a construction accident lawyer as soon after the accident is in your best interests.
Construction Accident Lawyer in the Financial District, Lower Manhattan
New York construction laws are some of the best available for construction workers that are hurt on the job. Laws are in place that hold property owners, general contractors and their subcontractors strictly liable for many different construction site accidents such as ladders that shift, break or topple; objects on construction sites that fall from a height and strike a worker and scaffolds that break when a worker falls causing injury. These laws were put into place to protect workers and ensure that property owners, GCs and their subs put safety first and do not cut corners in an effort to save money or get a job done quickly. When the Rules aren't followed and a worker is hurt, a construction accident lawyer can represent the injured worker and look to the Rules that are in place to protect them to recover financial compensation.
The Most Common Types of Construction Accidents in NYC
The NYC construction sites that laborers toil on every day while building our great City are some of the most dangerous places to work. Tools and equipment can be left laid about while heavy winds can blow unsecured material all about the jobsite and possibly cause injury to the tradesmen that work on the project. Some of the equipment on the jobsite that workers are required to use may be old, worn, broken or not properly maintained. This can result in dangerous trip and falls, falls from heights and other dangerous incidents unfolding quickly.
New York City is almost constantly the site of the demotion of old buildings and the construction of new buildings. Developers are regularly looking to outdo each other by erecting a taller building than the other and the Financial District is a favorite spot for this with bustling Wall Street in the mix.
While no two accidents upon construction sites are the same, there seem to be some that are repeated over and over.
Some of the more common construction accidents that occur in the Financial District, Lower Manhattan are:
- The collapsing of scaffolding
- Ladders that break or are caused to shift causing injury due to wear
- Tools or construction debris falling from heights
- Accidents caused by electricity
- Falls over objects that are scattered all over the jobsite
- Faulty equipment
- Accidents that involve cranes and forklifts
Depending on the type of construction job, there are many other types of accidents as well. Even if you don't see anything similar to your specific accident listed above, we can still help you. You should contact a construction accident attorney in the Financial District first to speak about whether or not you may have a viable claim. But given the laws in place that are very favorable for workers upon the jobsites, if you were injured while working on one of these sites, you will likely have a case.
Common Injuries Sustained as the Result of Construction Site Accidents
The injuries that construction workers sustain in construction-related accidents tend to be very serious or catastrophic more often than not. Workers may be severely injured and unable to work for long periods of time after the accident.
Simply because there are so many different crafts on a construction site at any one given time, the types and degree of injuries vary widely. Below are some of the injuries that workers may sustain while working on site for which they may be able to recover monetary damages:
- Fractured bones;
- Severe burns;
- The necessity of amputations;
- Traumatic brain injuries or TBI for short;
- Back injuries, some of which may require surgical intervention;
- Neck injuries which can require injections or surgery;
- Cuts or lacerations, and
- Fingers or toes that need to be amputated.
When a construction worker sustains severe injuries following a construction accident, a New York construction accident lawyer can ensure that their rights are protected.
Who Can Be Held Accountable for Construction Site Accident Injuries
Determining who should be held responsible for a construction site accident can be complicated, which is why you want to retain an experienced construction accident lawyer in New York who understands all the applicable labor laws and regulations.
In many cases, workers' compensation benefits won't provide full compensation for your injuries, time off work, etc. However, you cannot sue your employer for damages beyond workers' compensation benefits because New York law prohibits it. You are limited to the coverage afforded under your workers' compensation insurance.
But you can bring a viable cause of action against a subcontractor or other tradesperson on the site if it was their negligence that caused your injury.
Tough New York Labor Laws that Protect Construction Workers on the Jobsite
All construction companies and property owners must abide by the New York Labor Law and must provide construction workers with a safe worksite at all times. Violations under applicable code sections provide an avenue for recovery.
NYLL Section 200
New York Labor Law §200 protects the rights of both workers and any visitors to the job site. It is structured to ensure construction company owners and contractors take reasonable steps to give workers a safe working environment. According to this section of New York State Labor Law, it is the general duty of owners and contractors to make certain all equipment, machinery, and devices are positioned, operated, and guarded in a secure manner. Section 200 also provides protection for visitors and indicates the job site must have adequate lighting and guardrails. If officials discover a dangerous situation, notice is placed to warn all workers and visitors of the danger. Placement of this notice means any equipment, machinery, or devices are prohibited from use until the problem is corrected and the notice is removed.
NYLL Section 240 “Scaffolding Law”
- Scaffolding and other devices for use of employees. 1. All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.
No liability pursuant to this subdivision for the failure to provide protection to a person so employed shall be imposed on professional engineers as provided for in article one hundred forty-five of the education law, architects as provided for in article one hundred forty-seven of such law or landscape architects as provided for in article one hundred forty-eight of such law who do not direct or control the work for activities other than planning and design. This exception shall not diminish or extinguish any liability of professional engineers or architects or landscape architects arising under the common law or any other provision of law.
2. Scaffolding or staging more than twenty feet from the ground or floor, swung or suspended from an overhead support or erected with stationary supports, except scaffolding wholly within the interior of a building and covering the entire floor space of any room therein, shall have a safety rail of suitable material properly attached, bolted, braced or otherwise secured, rising at least thirty-four inches above the floor or main portions of such scaffolding or staging and extending along the entire length of the outside and the ends thereof, with only such openings as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure.
3. All scaffolding shall be so constructed as to bear four times the maximum weight required to be dependent therefrom or placed thereon when in use.
NYLL Section 241
241 of the New York 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 construction accident lawyer in New York. We can tell you whether you have the grounds to bring a lawsuit and who the responsible parties will be.
What Evidence will my Construction Accident Attorney Request?
When you retain us to represent you following a construction site accident, we will immediately start an independent investigation. We will look for documentation and evidence, including:
- Police reports,
- Jobsite reports that were completed;
- Medical records and physician notes;
- Photographs of the scene;
- The OSHA investigation report;
- Violations that may have been issued;
- Witness statements;
- Statements from other workers on the scene;
- Your Workers' compensation file;
- Insurance policies in effect;
- Safety inspection records;
- Daily logs.
Contact a Financial District Construction Accident Lawyer for a Free in-Office Consultation
As a construction worker, you have certain rights afforded to you under New York law. Don't risk your injury claim by relying solely on your workers' compensation claim. Let a New York construction accident lawyer in the Financial District help protect your rights.
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Mr. Redenburg was very helpful in aiding us through our case. This was my first time ever going through something like this and he was able to help take off a lot of the stress I was feeling. I would definitely recommend him to anyone who needs legal advice.
If you have been injured in the Financial District in Lower Manhattan due to someone else's negligence, contact the Financial District Construction Accident lawyer at Michael J. Redenburg, Esq. PC and get the wheels of justice spinning for you. Call 212-240-9465 now!