New York Construction Accidents

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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More than 7 million workers nationwide are employed in construction, and construction injuries are among the most common occupational injuries. Though New York state has strict standards for construction employers and some of the nation’s lowest construction injury rates, some injuries are still inevitable. Poor safety, inadequate training, hazardous on-site conditions and faulty or old equipment are just some of the many causes of New York construction accidents.

New York Construction Accidents and Liability

Fault and responsibility is an issue in any personal injury case, but is especially complicated for New York construction accidents, which are governed by state and federal laws. The Occupational Safety and Health Administration (OSHA) has established national standards which implicate prime or general contractors for on-site safety problems. Since the prime contractor is responsible for the construction site, project coordination and equipment, it makes sense for the prime contractor to take on the responsibility of construction safety. If there are subcontractors present, they may share responsibility with the prime contractor, but in general the prime contractor is responsible for any New York construction accident. This does vary for workers who perform their duties at heights: under New York’s strict “scaffold law,” Labor Law Section 240, special protection is extended to workers at heights, and blame may be placed on a third-party manufacturer who did not provide the proper safety equipment or who was responsible for a falling object. If proper safety equipment was furnished and a worker fails to use such equipment or deviates from clear directions, he may not be entitled to compensation.

New York Site Safety

Construction site safety is a vital component of the fight against construction accidents. Prime contractors and subcontractors can avert life-threatening injuries by focusing on proper training (including specific training for heavy equipment and help with proper lifting techniques) and making sure that workers are well-rested and focused.

New York Workers’ Compensation

All New York employees are covered under workers’ compensation laws. These laws cover employees for potential losses suffered during construction accidents that result in costs such as medical expenses, vocational rehabilitation, future medical care and wages. Workers’ compensation was designed to compensate workers for injury or death sustained on-site. In addition to a workers’ compensation claim, New York construction workers may also be able to file civil lawsuits against negligent parties, including manufacturers of unsafe or defective equipment or any parties who failed to properly secure the work site. It’s a good idea to contact an experienced New York construction accident attorney if you’re considering filing a claim. Your New York construction accident lawyer can help assess your claim and tell you if you have a good case. Construction accident lawsuits can result in settlements and favorable verdicts that help to compensate you for your injury and encourage a safer work environment in the future.

For more information about construction accidents, see our Free Advice Construction Accident FAQ.

To get in touch with a New York construction accident lawyer, fill out our no-cost, no-obligation case evaluation form.

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