New York City’s ever-evolving skyline is a testament to the hard work of countless construction workers. However, these jobs also come with significant risks. If you’ve been injured in a New York construction accident, understanding your rights under New York construction accident law is crucial.
Worker’s Compensation vs. Third-Party Lawsuits:
New York State requires most employers to carry worker’s compensation insurance. This insurance typically covers medical bills and lost wages, regardless of who caused the accident. However, worker’s compensation benefits may not always fully cover your losses.
In some cases, you may be able to file a third-party lawsuit against another party responsible for your accident, such as:
- A general contractor: They are responsible for ensuring overall safety at the construction site.
- A subcontractor: They are liable for their own employees’ safety and any hazards they create.
- A product manufacturer: If a defective product caused your injury, you may have a claim against the manufacturer.
- A property owner: They may be held liable if they failed to maintain the property safely.
New York Labor Law Section 240 (the “Scaffold Law”)
New York Labor Law Section 240, also known as the Scaffold Law, provides greater protections for construction workers injured in falls from heights or due to falling objects. This law applies to workers on elevated work surfaces, including scaffolds, ladders, hoists, and other platforms. Under Scaffold Law, the liability for these accidents often falls on the property owner or general contractor, regardless of fault.
Importance of Evidence:
New York construction accident cases can be complex. Gathering evidence to support your claim is crucial. This may include:
- Accident reports: Ensure you file an official accident report with your employer and relevant authorities.
- Medical records: Document all your injuries and treatment received.
- Witness statements: Get statements from anyone who saw the accident occur.
- Photos of the accident scene: Take pictures of the area where the accident happened, including any safety hazards.
Seeking Legal Help from a New York Construction Accident Lawyer:
While this blog post provides a basic overview of New York construction accident law, it’s not a substitute for legal advice. A New York construction accident lawyer can:
- Investigate your accident and determine all liable parties.
- Help navigate the worker’s compensation system.
- Fight for maximum compensation in a third-party lawsuit, if applicable.
- Handle all legal communication and paperwork.
- Represent you in court if necessary.
Finding the Right Lawyer:
Look for an attorney with experience in handling New York construction accident cases. Consider their track record, communication style, and fees. Schedule consultations with several lawyers to find the right fit for your needs.
Don’t Delay Seeking Legal Help:
New York has strict time limits for filing personal injury claims. Don’t delay seeking legal counsel. The sooner you speak with a lawyer, the better your chances of securing a just outcome.
Additional Resources:
The New York State Department of Labor provides information on worker’s compensation: https://www.wcb.ny.gov/
The New York State Bar Association offers resources on finding a lawyer: https://nysba.org/
By understanding your rights under New York construction accident law and seeking legal help, you can take steps towards financial recovery and a smoother path to healing.