Any third party may be liable for an injury on a construction site in New York, depending on how the accident happened and who was responsible for worker safety. Our NYC construction accident lawyers can take action against the negligent contractor, site owner, and/or construction company owner in your case.
Parties That You Can Hold Responsible for a Construction Accident
The entities that you could file a claim against may include:
- Contractors and subcontractors
- Building or property owners
- Construction company owners
Note that these are all third parties who operate on construction sites. Generally, you cannot hold an employer liable for an injury on a construction site in New York. This is because employers offer workers’ compensation benefits, which provides financial support to workers while protecting employers from legal action.
Which Laws Make These Third Parties Responsible for Work Accidents?
There are multiple state and federal laws that these parties have to obey. Two of the most notable are New York Labor Laws 240 and 241:
- Labor Law 240Â is also called the Scaffold Law because it mandates protection for workers operating at heights and makes certain third parties absolutely liable for fall-related injuries.
- Labor Law 241 states that construction workers are entitled to a safe work environment free of unnecessary hazards.
Which of these laws applies to your case? Falls from heights and falling object accidents come under the Scaffold Law. Labor Law 241 applies to other accidents stemming from unsafe work conditions.
Our legal team can carefully evaluate your situation and determine which laws were violated. We can also identify whether the liable party broke federal laws, such as OSHA construction regulations.
What Kinds of Workers Are Third Parties Responsible for Protecting?
Any worker engaged in any type of construction work on the site falls under the protection of Labor Laws 240 and 241. This includes, but is not limited to, workers who are:
- Building, renovating, or repairing any structure
- Demolishing any structure
- Excavating, shoring up, or filling in a trench
- Painting or cleaning any part of a structure
- Driving a vehicle or operating machinery
When third parties fail to protect these workers, their negligence can lead to common construction accidents such as:
- Falls from elevations
- Falling object accidents
- Same-level slip or trip and fall accidents
- Accidents involving heavy equipment or machinery, such as cranes or forklifts
- Equipment malfunction injuries
- Electric shock injuries
- Burns caused by fires, explosions, or chemical exposure
It does not matter what kind of accident caused your injury. If someone else’s actions or inaction led to that accident, they should be held accountable. Our firm can help you do just that.
How Do You File a Legal Action After a Construction Accident?
Before you can file a claim or lawsuit, you must show that you are entitled to do so. Our lawyers can begin building a case against the liable party by collecting evidence such as:
- Your medical records
- Your employment records
- The third party’s internal records
- Witness testimony
- Statements from experts in construction, medicine, or other relevant fields
- Photos or video of the hazard that caused the accident or of the accident itself
- Reports from the New York Police Department or other responding authorities
In the meantime, it is vitally important to report the accident to your employer immediately and seek prompt medical care. These actions help establish that your injuries occurred on the job, which is a crucial factor in proving your right to take legal action.
Confronting the Insurance Companies
Once your case is as strong as possible, we determine how to pursue the compensation you need. There are typically two ways to recover damages:
- Filing an insurance claim: We send a demand letter and negotiate with the insurer for a fair settlement.
- Filing a lawsuit: We take the at-fault party to court and present your case before a judge and jury.
Through one or both of these options, you may recover damages for losses not covered by workers’ compensation benefits, including lost wages, lost job benefits, pain and suffering, and reduced quality of life.
What if the Liable Party Fights Back Against Your Case?
Unfortunately, third parties do not always cooperate, even when fault is clear. The liable party or their insurer may attempt to weaken your case by:
- Requesting a recorded statement to use against you
- Claiming your injuries are not work-related
- Blaming another party or even you for the accident
- Offering a low settlement or minimizing the value of your injuries
Our legal team has seen these tactics many times. We understand how overwhelming it can be to face resistance from powerful corporations and insurers, and we are here to protect your rights.
Take Action After Your Construction Accident
Aviles Law Firm PLLC provides free consultations to all callers. With over 100 years of combined experience, our New York construction accident lawyers are prepared to identify who is liable for your injuries and hold them accountable. Contact us today to get started.
