Because of all the dangers and hazards involved in construction work, construction accidents can be absolutely devastating. In New York, construction workers are injured regularly due to heavy machinery, equipment malfunctions, falls, collapses, and environmental conditions.
If you or someone you know works in the construction industry, here’s why you might need a construction site accident lawyer in NYC either now or in the future.
Causes of Construction Site Accidents
These are some of the most common situations that lead injured construction workers and their families to contact the Law Office of Jeffrey K. Kestenbaum for legal advice and representation:
- Collapsing structures
- Falls off scaffolding
- Malfunctioning equipment
- Tripping hazards at construction sites
- Lack of personal protective equipment
- Being crushed between equipment
- Repetitive motions
- Respiratory disease due to toxic exposure
Who Can Be at Fault for Construction Accidents?
One of the biggest challenges of these cases is determining who is at fault, especially when multiple parties could be to blame for a worker’s injuries. This is why you need a skilled construction site accident lawyer in NYC on your side.
It is typically the responsibility of a general contractor to ensure that safety regulations are met. However, a construction company can be held liable for a worker’s injuries if the company didn’t properly prepare the building area or provide warnings where hazards exist. If an injury resulted from defective equipment, an architect, engineer, contractor, or subcontractor could be at fault. Meanwhile, a property owner could be at fault for a construction site injury if that person made poor decisions about safety issues and didn’t provide safe barriers to protect the public. City and government agencies, as well as machine manufacturers, could also be to blame for a worker’s injuries. Construction workers may be at fault for their own injuries if they were acting carelessly or not following safety protocols.
Proving Liability After a Construction Accident
To be successful with a personal injury claim based on negligence at a construction site, you will need to prove that the defendant owed you a duty of care, breached that duty of care by being negligent, and that this negligence caused you harm. If you file a premises liability personal injury claim, you’ll need to show that the defendant had control over the property where the injury happened, was negligent in the use of that property, and that you were harmed due to this negligence. There are other legal standards that must be met if you wish to pursue a case based on a product defect or an employee’s negligence.
Section 240 of the New York Labor Law, known as the “Scaffold Law,” protects construction workers who are working at elevated heights and fall or who are hit by falling objects. Under Section 240, project owners and managers, building managers, and contractors can be held liable for a worker’s injuries. Meanwhile, Section 241 of this labor law protects construction workers at the ground level from slips, trips, falls, air contamination, and chemical hazards.
At the Law Office of Jeffrey K. Kestenbaum, we know how to apply New York laws to your case to get you the settlement you deserve. Our law firm can help you pursue a personal injury case against one or more at-fault parties. We can also help you determine the best legal course of action for your specific situation, whether that is moving forward with a personal injury lawsuit, construction defect case, workers’ compensation claim, or civil lawsuit for product liability.
If you need a construction site accident lawyer in NYC, call us today at 718-237-5586 or contact us online.