Construction site injuries are among the worst, due to the presence of dangerous working conditions and equipment. If you are a construction worker who was hurt on the job, you have the right to submit claims for compensation. However, you need to know your rights if you wish to make a case for the coverage you need.
One of the most important rights you have is the right to retain an experienced construction accident attorney. You can exercise that right by connecting with the Nassau County and Queens legal team of Bornstein & Emanuel, P.C.
Employer Versus Third-Party Liability
You have the right to file a workers’ compensation claim with your employer, but this may not be the only claim you have. There are also cases in which the injury victim can file a third-party claim against others who caused or contributed to their accident. Some examples include:
- The subcontractor: If the subcontractor did something to violate safety standards at your Nassau County or Queens job site, they could be liable for your injuries.
- The property owner: The owner of the property may have done something negligent, such as allowing a hazard that caused the accident.
- The manufacturer of equipment or machinery: Maybe your accident was caused by a defective piece of equipment or machinery, which may point to liability on the manufacturer’s part.
Your Rights Under New York Labor Law
New York statutes cover construction site injuries in three important sections: 200, 240, and 241. Knowing the basics of these labor laws can help you understand what you must prove in a subsequent legal action. You should also know what safety guarantees you have under these laws:
- Section 200: This statute codifies a general common law duty imposed on property owners and contractors to provide reasonable and adequate safety on the job site.
- Section 240: Known as the Scaffold Law, this statute imposes strict liability on owners and contractors for falls and falling objects involving scaffolding (meaning, the owner or contractor cannot shift blame to the worker).
- Section 241: Any construction, excavation, or demolition work site must be arranged, operated, and equipped in accordance with certain safety measures.
As a general matter, these and other laws and regulations also protect workers by prohibiting the responsible parties (owners and contractors) from delegating their safety duties to employees. In other words, you have the right to expect basic safety standards at your construction site. Ask your Nassau County and Queens construction accident attorney for details.
Collecting Evidence
You and your attorney have the right to collect evidence related to safety violations or an accident. If you believe your employer or another party involved with the construction site is breaking the law, talk to our team. We can help you take the appropriate steps to report and fix the problem.
Meanwhile, if you were already injured, you should exercise your right to collect evidence related to the accident. This may include:
- Eyewitness statements: These may be from other workers or third parties who observed the accident or safety violations.
- Pictures and videos: You should take pictures and record videos of the accident scene and your injuries, in order to document both.
- Accident reports: If you or someone else files an accident report concerning your injuries, you can obtain a copy of this later.
In the event you need to take legal action outside of a workers’ compensation claim, we can help you with the process of discovery. This is the stage of litigation in which parties to a lawsuit request and exchange relevant documents and information. Our Nassau County and Queens personal injury attorneys can help with all aspects of evidence gathering.
Exercise Your Right to Seek Compensation
You will need coverage for your medical bills, lost wages, and other losses if you were in a construction site accident. We understand the value of these cases and we know how to claim the monetary damages that will fairly cover your expenses, lost income, and more. Give us a call or complete our online contact form for more information.
