Construction and work sites pose many dangers to workers and innocent bystanders alike. Construction workers are subject to a high level of risk as they are often involved in potentially dangerous tasks such as lifting heavy objects, operating large machinery, and performing job duties at elevated heights. Still, proper protocol and safety practices can decrease a worker or bystander’s risk of injury. When someone causes a preventable construction accident through negligence, he or she may be liable for the victim's injuries, particularly through the New York State Labor Law.
When a construction accident causes harm to an employee, workers' compensation laws will generally apply to the company for which the injured employee worked, precluding the injured employee from suing his or her employer. There are, however, cases in which the injured worker can also obtain monetary compensation from parties other than the injured employee's company who may be deemed liable such as the owner of the property or premises, the general contractor of the project, and/or the other subcontractors working thereat.
Aside from this, when an innocent bystander suffers injury as the result of a construction accident, he or she may also be eligible to recover damages by filing a personal injury claim. Unlike the injured employee above, the innocent bystander may seek monetary compensation from all parties who may be liable because he or she does not have an employer/employee relationship with any party.
Whether you are a construction worker or merely a bystander who has suffered injury as the result of a construction accident, you may be eligible to receive a monetary recovery for your losses. Tarver Law Firm can help you understand your legal rights and determine a course of action.
Common Causes of Construction Accidents
There are a large number of ways that a person can be injured at a construction site. Scaffolding accidents, falls off of an unsecured ladder, and falling objects are a common causes. Obviously, there are many other causes as well like a defective tool or equipment or the failure to provide proper, protective equipment.
Determining the liability for injuries sustained in a construction accident requires understanding each party's responsibilities at the site as well as an understanding of New York State law, including Labor Law Sections 200(1), 240(1), and 241(6). In the event that a construction accident occurs, any of the following parties may bear total or partial responsibility:
- Site Owners
- General and Sub-Contractors
- Architects and Engineers
- Manufacturers of Construction Machinery or Equipment
Know Your Rights
If you have suffered injury as the result of a construction accident and would like to pursue a claim, you should realize that you are responsible for proving your case against the liable party or parties. This usually requires the help of a qualified attorney. It is always wise to seek competent legal counsel after a construction accident to ensure that your rights are protected. Contact us for a consultation with a knowledgeable attorney. |