Who Is Potentially Liable For My Injuries In A Construction Accident?
In general, whoever caused the accident is responsible. If it was the employer or a co-employee who caused the accident, you are usually barred by workers compensation laws from suing them because you’re getting comp you can’t bring a lawsuit.
However, if the employer did not have workers compensation, you can sue the employer directly and the owners personally for failing to securing payment of compensation. Additionally, who’s liable often depends on how the accident happened. In general, under the labor laws, the work site owner or the owner of the construction site and the general contractor are always liable to make sure everything done on the construction site is done safely with good equipment. They’re almost always responsible.
Additionally, there are times other defendants that are liable. For example, in one case involving pump jack scaffolding, we were able to show that the wood had badmouth. It was bad wood that wasn’t really suitable for scaffold use, so we were able to successfully sue the material supplier for not providing good materials.
On some cases where there is a structure failure, if you have a safety company on one side and things were obviously being done in an unsafe manner, they can be sued. Certainly anytime you have bad materials that are supplied, or faulty equipment, those are also potentially liable for the damage that were caused by construction accident.
Who Would be Held Liable if a Passerby was Injured at a Construction Site?
In those cases, the land owner has responsibility to make sure the area surrounding a construction site is kept safe for passersby. There are a lot of regulations that require sidewalk sheds to keep debris from coming onto the sidewalk or falling onto the sidewalk.
We’ve seen a number of cases where people are hit by things that are flying from a construction site, that’s why they were required certain types of shoots, certain types of netting to surround a construction site so that things don’t fall from higher floor onto the sidewalk and certainly the general contractor is also responsible to keep the site clean and to keep the debris from getting on to the sidewalk in the first place.
How Can Independent Contractors Manage a Construction Accident Claim?
The typical construction scenario is there is a general contractor who contracts to do all the work and then he sub contracts it out in different trades. For example, electrical gets a subcontract to electrical sub-contractor; the scaffolding gets leased from a scaffolding company. A lot of times, the general contractors are carpenters.
If you’re the employee of a sub-contractor, you can’t sue your own employer even though he bought the bad equipment or the unsafe or caused the unsafe condition. However, you can sue the general contractor. If you’re a general contractor’s employee, you can’t sue your own employer but you can sue the land owner for failing to provide safe equipment or allow you to work with unsafe equipment.
What Are the Steps Someone Should Take After Being Injured In A Construction Accident?
If you had injuries caused by unsafe equipment or a bad condition or whatever, if you’re able to, you should definitely start taking pictures of whatever is around you at that time and document it because a lot of times the employers or the insurance companies for the general contractors will do everything they can to deny the claim or they say the claim is fake. A picture really is worth a thousand words because it prevents their ability to say, “Oh no, this really didn’t happen.” If you have pictures, that’s the best evidence in the world.
With any significant construction accident, they should call OSHA because OSHA will always do an investigation and they’ll take their own photos and take their own interviews. It documents what really happened and it keeps insurance companies from trying to deny what happened which they’re famous for.
What is the Critical Evidence to Preserve at The Scene of a Construction Accident?
Pictures! Anybody who’s injured should try and take pictures of what caused your injury right away. If anyone saw it or any coworker saw it, try and get their names and numbers too because especially after that claim because people in a construction field tend to move around a lot especially unions, they get assigned from one job to another job to another job and you just track that person very quickly.
For more information on Liability for Construction Accidents, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (914) 574-8330 today.
The biggest misconception is that people think that they only get comp. A lot of people don’t realize there are all these other remedies out there that can protect them and there are these other laws under which they can bring a lawsuit and get compensated for what they went through.
Another misconception we see, particularly among the immigrant community and undocumented immigrants, is that they can’t sue because they arrived here illegally. We’ve handled a number of these cases successfully and the courts were pretty clear that the immigration status doesn’t matter because if you get hurt in the construction site in New York or Westchester, that means that someone didn’t comply with the labor laws.
New York courts have taken the position that we care more about worker’s safety than we do about whether or not the worker was here illegally. New York courts have unambiguously held that if you’re here illegally, you can sue for a labor law violation. Not only that, a number of courts have held that our clients don’t even have to answer the question on what their immigration status is.
What Are the Possible Damages Recoverable from a Construction Accident Claim?
Certainly in any construction accident case, you’re entitled to pain and sufferings, you’re also entitled to your full lost wages not just workers comp, you’re entitled to medical bills. For example, if you can prove that you have ongoing medical needs or ongoing needs in the future, you can get an award for future medical needs.
We’ve seen a lot of cases where someone’s permanently disabled. You’re entitled to get your lost earnings for the course of your work life. If someone was a carpenter and was making $50 an hour and now they can only do part-time work or light labor and can only make $20 an hour, we usually work with economist and vocational experts to be able to prepare a projection that shows the difference between what they made before the accident and what they can make now. We’re then able to make a claim for the difference between what they can make before and what they can make now, and your projection throughout the course of your work life.
Can Counseling for Injuries Sustained at a Construction Accident be Recoverable in Damages?
Yes. Obviously, you certainly recover all the elements, but in general, there has to be someone credible. If you have a small injury, you are going to a doctor or a therapist. If you had a major life-changing event where you live in pain certainly people understand that depression can come from an injury and from disability, or if you’re involved in a flash fire or explosion or you were shocked with electricity, certainly all kinds of anxiety and post-traumatic stress can occur, and certainly all elements that the law recognizes as recoverable where it’s still tied to the accident.
Can Someone File a Lawsuit for Injuries Sustained Even if They are Getting Workers’ Compensation?
Definitely! The workers compensation does not bar a lawsuit. Let’s get a little bit into the intricacies of what typically will happen is workers comp will have what’s called a lien or an interest in lien repaid a portion of what they pay the injured worker.
For example, if you sue the general contractor and worker’s comp has given you medical liens benefits, you’d claim your full medical bills and full wages as part of the lawsuit but then comp would be entitled to a partial reimbursement out of your settlement or out of your recovery. So, receiving workers compensation doesn’t prevent you from bringing a lawsuit, but they basically actually do have an interest in it.
What is the Statute of Limitations for a Construction Accident Claim?
In general, a construction accident claim has a statute of limitations is 3 years. There are exceptions where, for example, if you’re on a public property such as a bridge or if you’re working on a city building or like a housing authority building, those requirements are the same as any other claim which is brought under the general municipal law, so you have to file a notice of claim within 90 days of the accident and then you had to sue them within a year or 90 days.
Is that Different than General Personal Injury Case?
The statute of limitations for municipals and authorities, public authorities is not different than the general personal injury cases. That’s generally the statute of limitations for all municipal cases against public entities. Obviously, the cause of action is same because it’s specific to construction accidents but the statute of limitations is in the general municipal law and it’s a special rule for public authorities and cities, towns etc.
In certain cases, that may not apply because there is amount of time in general, maybe there is a cause of action for someone who is actually working. There are some cases before the appellate courts which are making that determination, but usually a lot of the cases under federal law or general negligence law under the general maritime law come up within 3 years and they do not require a notice of claim.
For more information on Misconceptions About Construction Accidents, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (914) 574-8330 today.
Our New York construction accident lawyers have extensive experience in representing construction workers who have sustained personal injuries in worksite accidents. One of the most frequent questions our construction accident attorneys hear is do I have a case. While most construction workers are familiar with New York’s Ladder or Scaffold Law, which is known as Labor Law 240. This law generally imposes liability for falls from unsafe scaffolds or ladders, but there are a number of situations in which a construction worker who is injured on the job can sue for damages.
One of the most comprehensive New York Laws that protect construction workers and allows New York construction workers to sue for injuries is New York’s Labor Law 241(6), which allows a construction worker to sue for pain and suffering whenever there is a violation of a specific Industrial Code regulation. The New York Industrial Code covers a wide variety of situations in which a construction worker can suffer an on the job injury.
A brief summary of the regulations is as follows. 12 NYCRR 23-1.16 outlines the requirements for safety belts, tail lines, and lifelines. and a construction worker has the right to sue where safety belts or life lines, are necessary and are not provided or were provided and were defective, such as where they broke or failed to protect the construction worker. Another common scenario is an injury where debris or other materials fall onto a construction worker and cause personal injuries. For example, 12 NYCRR 23-1.7(a)-(h). requires that suitable overhead protection to be provided to persons normally exposed to falling material in areas they are required to work or pass and this protection extends to persons who are lawfully frequently an area exposed to falling objects.
12 NYCRR section 23-1.7(a)(1)-(2) applies to areas where a construction worker is injured while working in an area where he was normally exposed to falling material. 12 NYCRR 23-1.7(a) applies where the worker is injured while was working in an area exposed to falling material, for example where demolition of the roof and ceiling was being performed from above the worker and the demolition debris is thrown down or dropped, and the debris hits the worker. Another regulation under which injured construction workers can sue is 12 NYCRR 23-3.3(b)(3) which requires that walls or chimneys or other parts of a building or structure not be left in an unguarded state such that they may fall, collapse, or be weakened by wind pressure or vibrations. Likewise, 12 NYCRR section 23-1.7(b) pertains to falling hazards when workers are required to work near a hazardous opening and close to an edge. 12 NYCRR section 23-1.7(b)(2) protects workers who were performing bridge or highway overpass construction and therefore does not apply in this matter because plaintiff was performing demolition work at the time of the alleged incident.
Labor Law § 200 causes of action applies where the accident was caused by a dangerous condition on the construction site. Under Labor Law § 200 when the owner or contractor has control over the work site and either created the dangerous condition causing an injury, or failed to remedy the dangerous or defective condition after they knew or should have known about it, they can be held liable under section 200. Likewise, 12 NYCRR 23-1.5 (c) (3), requires that all safety devices, safeguards and equipment must be kept sound and operable, and shall be immediately repaired or restored or immediately removed from the job site if damaged. This portion of the regulation imposes an affirmative duty on contractors to correct and make necessary repairs or replacement to structural defects or unsafe conditions in equipment or machinery upon discovery or actual notice of the structural defect or unsafe condition.
For accidents that occur because a construction worker slipped and fell on ice or ice contributed to the accident, 12 NYCRR 23-1.7 (d) requires that ice and snow shall be removed from worksites so as to provide safe footing. Likewise in terms of other slippery conditions and tripping hazards, § 23-1.7 (e) (2), requires that floors, platforms and similar areas where persons work or pass shall be kept free from accumulations of dirt and debris and from scattered tools and materials and from sharp projections insofar as may be consistent with the work being performed
Our Construction accident lawyers are available for consultations in our Manhattan or Westchester offices.
Construction continues to be one of the most dangerous professions, and this week, thousands of New York City construction workers assembled to mourn the 30 wrongful deaths and fatilities of their fellow construction workers who died in construction accidents over the past two years. The construction worker are calling for new legislation to protect them and enforce job safety in an urgent call for action to help prevent future job-site fatalities. Our New York construction accident lawyers support new legislation and increased enforcement for job safety. Across New York City there have been vocal outcries and protests for greater work place safety on construction sites. Our New York City and Westchester construction accident lawyers know how devastating a workplace injury can be.
The sad fact is that most work site accidents are preventable if the general contractors comply with their obligations under existing law. New York’s Labor Laws provide strict liability under Labor Law 240 for personal injuries from falling objects and for falls caused by defective scaffolds and ladders. However the Courts have consistently sought to erode these protections by engaging in microscopic analysis of case facts in an effort to find that the laws don’t apply. This effectively narrows the protection that the law provides to New York’s construction workers. Likewise there have been repeated efforts by the Insurance lobby to weaken the existing Labor Laws by making Labor Law 240 subject to offsets for comparative fault, like those found in Labor Law 200 and Labor Law 241. These legislative attempts come at a time when New York construction accident fatalities are on the rise and in fact New York’s Labor Laws should be strengthened.
A recent study of New York City job sites found that construction worker injuries and deaths have dramatically increased in New York City in the last few years while the number of safety inspections simultaneously dropped. This reduction in oversight and enforcement signifies the needs for stricter laws for worker safety on construction sites. A reduction in the amount of OSHA inspectors accounted for a twenty seven percent drop in inspection while in 2015 there were 435 fatal injuries in New York State compared to only 128 in 2011, which is still too many. During this time period, safety inspections by the Occupational Safety and Health Administration (OSHA) fell from 2,722 in 2011 to 1,966 in 2015. In New York City, worker falls, accounted for 59% of all construction accidents, despite the already stringent requirements of Labor Law 240 for safe ladders, scaffolds and life lines.
For the last several weeks, there have been protests by the New York construction trade unions, carrying coffins through the street of New York to protest the lax enforcement and to call for a strengthening of laws to prevent future fatalities. Our Westchester lawyers support the construction unions fight for tougher laws and for greater enforcement to prevent future fatalities. It is important to remember that every coffin which is carried in protest represents the loss of a life and too often, the loss of a husband and father. Our construction accident attorneys have offices both in Manhattan and White Plains.
Our New York City construction accident lawyers have handled a lot of different types of construction accidents New York’s Labor Laws, which protect construction workers protect a wide variety of circumstances. While Labor Law 240, which is commonly referred to as the ladder law or the scaffold law protects against broken or collapsing ladders, planks and scaffolds, a lot of people do not know that it also covers falling object cases, when the objects are being hoisted or lifted. In other words, Labor Law § 240 protects against two categories of elevation related risks. such as where the elevation at which materials or loads are positioned or secured. The law also protects workers against the dangers associated with the difference between the level where a construction worker is stationed and a higher level of the materials or loads being hoisted or secured. A landowner or general contractor is responsible for falling objects because the law applies to any materials or loads positioned at an elevation and being lowered from an elevation that requires securing to prevent them from falling.
Some of the results from cases where the New York Courts have analyzed the application of Labor Law 240 to object cases are as follows. In one case, the Court held that Unloading material from a flatbed truck does not pose an elevation related hazard because the flatbed’s height above the ground. Therefore, where an injured worker fell from a truck, the case was not covered by Labor Law 240 because the injury did not result from an elevation related risk. However where a New York construction worker was injured by a falling bundle of materials, such as wood or concrete, the law requires that the fall have been prevented by a hoist, sling or other device to prevent the load from falling and injuring the worker. In these cases, the Courts have held that the lack of a forklift or other hoisting device, or adequate securing devices, such as stays, blocks, braces, irons, or ropes for the unloading of the load was a violation of law.
However the Court has also recognized that where the bundles of wood were strapped into the truck bed for transport shows that they presented a foreseeable risk of tumbling over the edge of the truck bed when unstrapped and then disturbed during unloading. Therefore, where a bundles of wood above him on the flatbed required securing to prevent them from falling onto the workers as they were unloading the wood, the Labor Law applies. Although the Courts have held that a load which swings sideways is not covered under Labor Law 240, a fall of even a foot is sufficient to bring the injury within the coverage of Labor Law 240. However, a side or lateral swing is protected under the provisions of New York’s Labor Law 241(6) and the Code of Industrial Regulations, including regulations which apply to the necessity of using taglines to move loads. From our Manhattan office, our New York construction accident attorneys have extensive experience in representing victims of construction accidents in New York City.
Our personal injury attorneys have handled construction accident cases in Westchester County, as well as New York City and Rockland.
This summer has seen a sharp increase in construction accident in New York City. Even a building near our Manhattan office was not immune from danger. In June, while using a crane to lift a 12-ton heating and air-conditioning unit the lines broke lifting the unit, which resulted in two injuries when the unit fell 30 stories to Madison Avenue right outside of our office. Clearly this accident was due to the negligent securing of the unit to the crane because if a load is property secured to a crane, this type of accident simply does not happen.
So far in 2015, there have been ten construction accident fatalities, which is higher than in 2014. Additionally construction accidents have increased by 24% compared to last year. At least two of these construction fatalities in Manhattan occurred because of falls from unprotected heights. In both of these cases, had the worker been provided with proper fall protection, the accident would not have occurred and they would still be alive today. New York’s legislature sought to make sure that New York construction workers have fall protection by enacting Labor Law 240, which requires that workers who work on an elevated worksite have harnesses, life lines and other protection. Our Manhattan construction accident lawyers have successfully litigated and won many Labor Law 240 violation cases.
In another accident an immigrant construction worker was killed in a crane accident, when the boom swung and crushed him between the crane and a truck. Even though regulations prohibit workers from being in the zone of danger these types of accidents are continuing to happen. In Westchester, we have seen a number of these types of accidents with heavy equipment and excavation equipment and our White Plains construction accident lawyers have successfully represented many immigrant construction workers.
Our New York City construction accident lawyers applaud a recent decision from the New York Supreme Court’s First Appellate Department which restricted a line of cases which has allowed the defendants to blame the injured construction worker.
Our experienced White Plains construction accident attorneys have fought these arguments and the insurance companies’ attempts to blame the injured worker. We believe that the laws that protect construction workers were intended to place responsibility for safe conditions and equipments on the contractors and building owners, not the employees. Even though Labor Law 240 requires construction site owners and general contractors who conduct construction or demolition projects to furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, ladders, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed, a number of Courts have prohibited the injured construction worker from recovering if the equipment was available on the construction site. This recent case involved a demolition worker who needed a Baker scaffold which is a scaffold that has locking wheels and a platform with an adjustable height, up to six feet. In this recent case, the injured construction worker went to get the Baker scaffold, but was told by his employer that the building owner did not want the scaffold inside because it would damage the floors. The injured workers was then directed to get his work done immediately, so he improvised and used a ladder which moved while he was on it, as a result he became injured.
The defendants sought to dismiss the case by arguing that since the Baker scaffold was technically on site, and the construction worker didn’t use it, the case should be dismissed. The Court in this recent decision brought some rationality back into the law and restored the original intent of the law, which is to protect construction workers and prevent construction injuries in the first place.
The Court ruled that in a situation where a supervisor tells an employee not to use the necessary equipment and makes him improvise, there is no practical difference between this situation and a situation where a scaffold was not present at the job site. The Court recognized that the Labor Law, recognizes the realities of construction and demolition work and does not require a worker to demand an adequate safety device by challenging their supervisors. To place that burden on employees would effectively eviscerate the Labor Law’s protections and workers would be placed in a nearly impossible position if they were required to demand adequate safety devices from their employers or the owners of buildings on which they work. The Court recognized the realities in construction work and held that when faced with an employer’s instruction to use an inadequate device, many workers are justifiably afraid to object out of fear of jeopardizing their employment and their livelihoods. Therefore Labor Law §240(1) speaks for those workers by requiring that owners provide safety devices at worksites.
One of the most frequent questions asked is whether a building owner is responsible for a person who falls because of a dangerous staircase. Our New York City personal injury lawyers who handle defective stairs are thoroughly familiar with the applicable New York Building Code and Multiple Residence and Dwelling Laws.
Where a staircase fails to conform to the minimum standards that the law requires, a building owner can be held responsible.
One of the first building codes to address public safety was the 1938 Building Code of the City of New York which set safety specifications for exit stairs. So all stairs in buildings that are constructed after 1938 are required to conform to the minimum requirements of this Code, or later Codes, depending on when the building was constructed. Even under the 1938 Code, the New York City Building Code required that exit stairs, have handrails and the lack of a handrail constitutes a violation of the 1938 Building Code. Since stairs that lead to a landing from which a person must exit the premises qualifies as a required exit stairs under the 1938 Building Code, the Code applies.
Under the 1968 Building Code applies,even Interior stairs which are less than 44 inches in width must have a single handrail and stairs between 44 and 88 inches in width must have handrails on both sides. Likewise stairs greater than 88 inches must have a handrail in the middle of the staircase in addition to handrails on both sides.
Courts in New York have recognized where someone slips, trips and falls on a staircase and a required handrail is not present, then the lack of a required handrail is a cause of the fall and the building owner can be held responsible for the injuries sustained.
On Sunday May 31st around 11:00 a.m., a massive air conditioning unit being lifted into a high-rise office building in midtown Manhattan plummeted 30 stories severely damaging the building, and injuring ten people including two construction workers on the way down. Construction crews were using a crane to try and lift the unit into the mechanical floor which is the top floor of the building when the accident occurred. When the unit fell off the crane it sent a mix of concrete and metal debris raining onto the street below.
Shortly after the accident New York City Mayor Bill de Blasio made a statement. He mentioned the severity of the accident, and said we should thank god it occurred on the weekend when there weren’t too many people around. He assured New Yorkers there would be a thorough investigation to find out exactly what caused the accident, and make sure an accident of this nature never happens again.
Unfortunately crane accidents are becoming a common occurrence in New York City. There have been six crane accidents in the city over the past seven years and 11 people have been killed. City officials must take action to insure pedestrians are safe when walking the streets of New York City. Although development is an important part of creating a thriving city, public safety must be a higher priority.
According to the Buildings Department Commissioner Rick Chandler all the needed permits for work involving the cranes were in place, and there hadn’t been any complaints about the crane prior to the accident. Within the past three years there have been more regulations put in place insuring crane operators have adequate work experience, and meet rigorous training and licensing requirements; however these regulations are not enough. There must be further precautions taken by both the development companies and the Department of Buildings in New York City to ensure citizens safety.
Thankfully in the most recent accident people involved only suffered minor injuries. An eyewitness who was on the scene when the events occurred said everyone who was injured in the accident left the scene awake, alert, and oriented. Two construction workers that were injured were taken to Bellevue Hospital as a safety precaution, and are reportedly doing fine.
Our New York City construction accident lawyers know that there must have been negligence on behalf of the crane operator or the construction crew. If the crane had been properly and securely connected to the air conditioning unit in the proper manner it would not have fallen. Usually it is customary to have lead lines and secure rigging when lifting units. When construction is done carefully, construction accidents don’t happen.
Our Westchester construction accident attorneys won a major decision in a products liability case against a warehouse which supplied defective lumber which failed while our clients were standing on it in the Westchester Supreme Court.
Our White Plains construction accident lawyers got past the defendants’ motion to dismiss several caused of action for warranty, negligence, failure to warn and strict liability. The Court held that since the defendant admitted that the size of the knots on the lumber made the lumber unfit for use as a vertical support and a vertical support in a pump jack scaffold application and that a pump jack scaffold application was a foreseeable use for the lumber that it sold.
Since the lumber that the warehouse sold to our clients was unfit for a use that the lumber is commonly used for, it was defective. Under New York’s Uniform Commercial Code [The U.C.C.] § 2-313, an express warranty is created by the seller when the seller makes any affirmation of fact to the buyer which relates to the goods and becomes part of the basis of the bargain. The implied warranty of merchantability is a guarantee by the seller that its goods are fit for the intended purpose for which they are used and that they will pass in the trade without objection.The UCC’s concept of a “defective” product requires an inquiry only into whether the product in question was “fit for the ordinary purposes for which such goods are used and focuses on the expectations for the performance of the product when used in the customary, usual and reasonably foreseeable manners. (UCC 2-314  [c]) .In general, Merchantable can means of fair average quality and of such quality as passes without objection in the trade.The cause of action is one involving true “strict” liability, since recovery may be had upon a showing that the product was not minimally safe for its expected purpose–without regard to the feasibility of alternative designs or the manufacturer’s “reasonableness” in marketing it in that unsafe condition. To win an injured plaintiff must show that the product was not reasonably fit for [its] intended purpose and the inquiry focuses on the expectations for the performance of the product when used in the customary, usual and reasonably foreseeable manners. In this case, our White Plains construction accident lawyers proved a violation by establishing that the lumber was graded as Standard and Better and the Defendants’ expert’s testimony established that the instant lumber was not even suitable for that usage, let alone, higher stress usages for which this type of lumber is customarily used.
Likewise our construction personal injury lawyers proved that there was a breach of an express warranty because the Defendant advertised that its goods were of a high quality. Also the injured party and his employer customarily ordered from that warehouse because of their representations that their products were of a high quality. The Westchester Supreme Court found that the defendants’ own testimony that the lumber, which was badly knotted, was not adequate for most of the applications to which this grade of wood was put establishes that the lumber supplied was not of high quality, accordingly it did not comply with the Defendants own representations of quality.
Our White Plains construction accident attorneys also provided that the warehouse was responsible for the pump jack scaffold collapse because they failed to warn that the lumber was not fit for certain usages. The New York Courts have always recognized that a retailer has a duty to warn against latent dangers resulting from foreseeable uses of its product of which it knew or should have known. The Westchester Supreme Court held that the lumber which the warehouse sold was defective due to a lack of warnings as to the inherent weakness in this piece of lumber and that the defendants’ own testimony establishes that it was foreseeable that the lumber which they sold the Plaintiffs would be used for a pump jack scaffold and that even though the knot rendered the subject lumber inadequate for any weight bearing usage (including a pump jack scaffold support), they failed to provide any warnings.
In general, whoever caused the accident is responsible. If it was the employer or a co-employee who caused the accident, you are usually barred by workers compensation laws from suing them because you’re getting comp you can’t bring a lawsuit. However, if the employer did not have workers compensation, you can sue the employer directly and the owners personally for failing to securing payment of compensation. Additionally, who’s liable often depends on how the accident happened. In general, under the labor laws, the work site owner or the owner of the construction site and the general contractor are always liable… Read More
The biggest misconception is that people think that they only get comp. A lot of people don’t realize there are all these other remedies out there that can protect them and there are these other laws under which they can bring a lawsuit and get compensated for what they went through. Another misconception we see, particularly among the immigrant community and undocumented immigrants, is that they can’t sue because they arrived here illegally. We’ve handled a number of these cases successfully and the courts were pretty clear that the immigration status doesn’t matter because if you get hurt in the… Read More
Como un abogado de accidentes de coche en Nueva York, quetambién asiste en un gran número de accidentes de camiones comerciales, hemanejado numerosos casos de lesiones personales que impliquan a losautomovilistas de otro estado que causan accidentes de tráfico en Nueva York. Una de las primeras preguntas que todas las víctimas de lesiones personales en un accidente de coche le pide a su abogado de accidentede coche es donde puedo demandar. La respuesta es que la ley de Nueva York establece la jurisdicción sobre el demandado si el accidente se produjo en Nueva York. En general, el abogado tendrá que… Read More
This week a wrongful death was suffered by an unfortunate tenant in fire in a Yonkers building. Fire crews battled the fire for several hours prior to getting it under control. Fires present dangers of both person injury and death to both those who live in buildings and the firefighters who battle them. Our accident attorneys have extensive experience in handling fire cases both in New York City and in Westchester. While the insurance industry will claim that fires which are accidental, are not the fault of anybody and just happen. Our New York City and White Plains Personal injury attorneys… Read More
Our New York construction accident lawyers have extensive experience in representing construction workers who have sustained personal injuries in worksite accidents. One of the most frequent questions our construction accident attorneys hear is do I have a case. While most construction workers are familiar with New York’s Ladder or Scaffold Law, which is known as Labor Law 240. This law generally imposes liability for falls from unsafe scaffolds or ladders, but there are a number of situations in which a construction worker who is injured on the job can sue for damages. One of the most comprehensive New York Laws… Read More
Construction continues to be one of the most dangerous professions, and this week, thousands of New York City construction workers assembled to mourn the 30 wrongful deaths and fatilities of their fellow construction workers who died in construction accidents over the past two years. The construction worker are calling for new legislation to protect them and enforce job safety in an urgent call for action to help prevent future job-site fatalities. Our New York construction accident lawyers support new legislation and increased enforcement for job safety. Across New York City there have been vocal outcries and protests for greater work place… Read More
The first week of February has proven to be a deadly week, with a number of tragic car accidents in the Bronx. Our New York City wrongful death and car accident lawyers know all to well how dramatically a car accident can affect someone’s life. An off-duty New York City Police Officer suffered an unfortunate wrongful death in a car accident in the Bronx this week. The passenger in the vehicle,who was a housing officer, also suffered serious personal injuries. The officer’s car flipped over and then caught fire in a traffic circle in the Pelham Bay section of the… Read More
The federal government’s Occupational Safety and Health Administration is fining the Tappan Zee Constructors more than $12,000 for last July’s crane collapse. In particular OSHA found that the contractors failed to keep a safe work site, and exposed employees to the risk of injury caused by the falling crane. The incident occurred when a crane, which was driving piles for the new Tappan Zee Bridge’s Westchester-bound bridge collapsed across all lanes of the current bridge. While cranes collapses in Manhattan have become somewhat of an epidemic. there are only a few Westchester maritime construction accidents, who are familiar with the interplay of maritime law… Read More
Our New York City police brutality lawyers have handled numerous cases for inmates who were mistreated at Rikers Islands and suffered injuries, both by guards and other inmates. While cover ups and fabricated stories to justify guards behaviors are common place, Court papers this week exposed a new low.City investigators who were investigating an inmate’s sexual assault allegations on Rikers Island lost track of key biological evidence for four days before it surfaced with signs of tampering. The inmate claims a Rikers correction officer sexually abused her in May 2013 by forcing her to perform oral sex on him and says… Read More
In a recent case, our White Plains Lawyer, Michael Joseph won a summary judgment motion for a client who backed out of a parking spot and was hit by another vehicle. Summary judgment is used to expedite a case when there is no dispute as to the important facts of the case. When there are no issues of fact, it can be determined which party is entitled to judgment without having to proceed to trial. Michael Joseph is considered to be one of the most experienced car accident lawyers in Westchester and has won numerous summary judgment decisions in favor… Read More