Construction Accidents

Labor Law 240, also known as the “Scaffold Law,” is a section of the New York State Labor Law that provides special protections for construction workers engaged in certain types of work at heights. It imposes strict liability on property owners and contractors for certain gravity-related accidents, meaning they can be held responsible regardless of whether they were negligent or at fault.

The most common Labor Law violations under Labor Law 240 violations that are often cited in construction personal injury lawsuits in New York are:

  1. Failure to provide adequate safety equipment: Labor Law 240 requires that  employers and property owners provide proper safety equipment, such as harnesses, scaffolds, hoists, ladders, or other devices to protect workers from falls or falling objects while working at elevated heights.
  2. Failure to provide adequate training: Employers are obligated to provide adequate training and instructions to workers regarding the proper use of safety equipment and the safe methods of performing their duties.
  3. Failure to maintain a safe work environment: Contractors and property owners must ensure that the construction site is reasonably safe for workers and that potential hazards are identified and addressed promptly.
  4. Failure to use proper safety precautions: Employers must take reasonable measures to prevent objects from falling on workers, such as using safety netting or protective barriers.
  • 5. Failure to inspect equipment: Regular inspections of safety equipment are  essential to identify any defects or issues that may compromise worker safety.
  • 6. Failure to comply with industry safety standards: Contractors and property owners should follow industry best practices and safety standards to prevent accidents and injuries.

It’s important to note that these are general violations, and specific circumstances in each case may vary. Labor Law 240 is a complex area of law, and the interpretation and application of the law can be intricate. If you or someone you know has been injured in a construction accident in New York, it’s crucial to consult with The Law Office of Jazmine M. Kendrick, PLLC at 631-397-1327 so we can assess the situation, determine potential violations, and provide guidance on the best course of action.

FAQs

While the specific questions and answers in construction personal injury lawsuits can vary depending on the details of each case, here are ten frequently asked questions by plaintiffs and corresponding general answers:

Can I file a personal injury lawsuit if I was injured on a construction site?

Yes, if you were injured due to the negligence of others on the construction site, you may be eligible to file a personal injury lawsuit to seek compensation for your injuries and damages.

Who can be held liable for my construction site injury?

Depending on the circumstances, various parties may be held liable, including property owners, contractors, subcontractors, equipment manufacturers, and others who contributed to the unsafe conditions or actions leading to your injury.

Do I need to prove that the defendant was negligent to win my case?

In some cases, you may need to prove negligence on the part of the defendant(s). However, in certain instances, such as under Labor Law 240 in New York, strict liability may apply, making the property owner and general contractor responsible for certain gravity-related accidents, regardless of fault.

How long do I have to file a construction personal injury lawsuit?

The time limit to file a lawsuit, known as the statute of limitations, varies by jurisdiction. It’s essential to consult with an attorney promptly to ensure you don’t miss the deadline.

Should I accept a settlement offer from the insurance company?

It’s crucial to consult with your attorney before accepting any settlement offer. Insurance companies may offer low settlements initially, and your lawyer can help determine if the offer is fair based on the extent of your injuries and potential long-term consequences.

Can I still file a lawsuit if I was partially at fault for the accident?

Yes, in many states, you may still be able to seek compensation even if you were partially at fault for the accident. The legal principle of comparative or contributory negligence will determine how your level of fault impacts your potential compensation.

What should I do if my employer is pressuring me not to file a lawsuit?

It is illegal for your employer to retaliate against you for pursuing a personal injury lawsuit. Consult with your attorney about your rights and the best way to handle the situation.

How long will it take to resolve my construction personal injury case?

The duration of a construction personal injury case can vary significantly depending on the complexity of the case, the extent of injuries, and other factors. Some cases settle relatively quickly, while others may take months or even years.

Do I need an attorney for my construction personal injury lawsuit?

While you have the right to represent yourself, it is highly recommended to hire an experienced personal injury attorney. They can protect your rights, navigate the legal complexities, gather evidence, negotiate with insurance companies, and build a strong case to seek maximum compensation on your behalf.