Bronx Construction Accident Lawyer

Hurt on a Construction Site?

Working on a construction site can be dangerous. Fortunately, there are many regulations in place to protect construction workers from work related risks. Let a Bronx construction accident lawyer explain.

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What Safety Protections Do Workers Have?

Owners and general contractors of construction sites are required to provide a safe place to work. This simple, but powerful obligation applies to many different types of work related accidents. Some of the most common construction accidents include:

Falls from scaffolding;
Falling construction objects or material;
Structural collapses;
Fires and explosions;
Work site car accidents; and
Construction vehicle and equipment malfunctions.

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There are many regulations in place for the safety of construction workers. Construction accidents commonly cause injuries to the shoulders, knees, legs and sometimes even wrongful death. These injuries can require the kind of medical attention and treatment that results in significant medical bills. Fortunately, most workers are entitled to workers compensation benefits, a type of insurance that covers the medical/hospital bills, as well as the lost earnings of a worker injured on the job. A worker is entitled to workers’ compensation benefits, regardless of fault for the happening of the accident.

Powerful Laws Designed To Protect Workers

New York’s Labor Law contains some of the most important rules designed for the safety of workers. These rules are contained in sections 200, 240 and 241 of the Labor Law. These three sections, which cover the rights of workers injured during the construction, renovation or demolition of a work site, provide powerful remedies for workers injured in a construction accident. The sections are:

Section 200: Employers must provide safe work conditions for construction workers. Additionally, inspectors can shut down an equipment deemed unsafe.
Section 240: Construction sites must provide protection to workers exposed to gravity-related risks. Mainly, this section outlines specific safety precautions necessary for scaffolding work. This section also includes protection from any falling objects.
Section 241: Describes general and specific safety requirements that must be met on construction sites, in many different situations.

Who is Responsible When There is Negligence on a Job Site?

Most, but not all, job sites are set up essentially the same way. An owner will usually hire a general contractor that, in turn, hires the various contractors needed to complete the job. Under the law, the owner and general contractor are required to provide a safe work place for all workers on the site.

They are also required to insure that there is full compliance with all statutory obligations, like those mandated by the Labor Law sections listed above. When a worker is injured because of an owner’s or general contractor’s failure to comply with these statutory obligations, a worker is entitled to monetary compensation.

Can A Worker Who Files a Personal Injury Case Also Receive Workers Compensation Benefits?

A worker injured on the job can file both a personal injury claim and a workers compensation claim, under certain circumstances. An injured worker is usually always entitled Workers Compensation benefits if the injury happens on the job. These benefits cover medical expenses, lost earnings as well as other accident related expenses. However, a worker can only file a personal injury claim for pain and suffering if the proposed defendant is someone other than his or her employer or any of its direct employees.

For example, a construction worker who is hurt when a scaffold collapses, can make a workers compensation claim against his or her employer as a result of the accident. In addition, a personal injury claim can also be filed against the general contractor of the site under Labor 240, provided that the worker was not a direct employee of the general contractor.