Legal Rights on Construction Sites
Can You Sue If You're Injured by a Saw Without a Guard?
Yes. New York Labor Law requires that all tools on a job site must be safe and properly guarded. There's a specific regulation mandating guards on saws. If a worker is cut because the guard was removed or jammed, they have a strong case under Labor Law 241(6) and the New York Industrial Code.
In practice, we see saws accumulating debris like sawdust, which jams the guard. Some sites — especially non-union — even remove guards to speed up work. That’s a recipe for disaster. These saws are powerful and can cause serious injuries when misused.
Grinder Accidents: Are the Safety Rules the Same?
Grinders don’t have the same guard regulation as saws, but under the law, all equipment must be maintained in good condition. If the guard is broken or missing and someone is injured, that’s still a violation. The tool should have been repaired or replaced.
Can You Sue the General Contractor or the Site Owner?
In New York, you can’t sue your employer directly because of workers' comp laws. But you can sue the general contractor or the site owner, because they have what’s called a non-delegable duty to keep the site safe, including making sure all tools are safe, regardless of who provided them.
What Does Labor Law 241(6) Cover?
It requires all construction sites to follow specific safety regulations outlined in the New York Industrial Code. That includes everything from safe ladders and trenches to protective gear and how materials are moved. If a worker is injured and the accident violates one of these specific regulations, they have grounds to sue.
Is OSHA Involved in Construction Injury Cases?
OSHA investigates unsafe worksites and issues fines, but those fines don’t give you a direct right to sue. Still, OSHA findings often support what we argue under New York law. There’s a lot of overlap between OSHA standards and the NY Industrial Code.
What If a Subcontractor Caused the Safety Violation?
Yes. The general contractor remains liable under New York law. They can’t pass the blame, even if the subcontractor created the hazard. The duty to maintain a safe site can’t be delegated.
Do Insurance Companies Try to Avoid Paying?
Absolutely. They often claim the accident was staged or fraudulent. But our firm pushes back hard. When safety violations are clear, like a broken guard or unsafe ladder, they have no real defense. That’s why insurers try to discredit the worker instead.
Can You Collect Workers’ Comp and Still Sue?
Yes. You collect workers' comp through your employer, and then you can still sue the general contractor or site owner for pain and suffering. If your lawsuit is successful, part of your workers' comp benefits may have to be paid back through what’s called a lien.
What Should Injured Workers Do Immediately?
First, don’t just sign whatever accident report your foreman puts in front of you. Too often, those reports are written to shift blame to the worker or minimize the hazard. Instead, write your own version of what happened and keep a copy.
What Kind of Evidence Should Workers Collect?
Workers should take photos immediately. Photograph the tool, the accident scene, and surrounding area. Why? Because employers will often “sanitize” the site afterward. They’ll bring in new ladders, clean up hazards, or reinstall guards before photos are taken.
Why Construction Workers Need to Protect Themselves
Yes. From the moment you’re hurt, the site managers and insurers are working against you. They’ll try to shift blame and avoid liability. You need to document everything and call an experienced construction accident lawyer as soon as possible.
