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Category: Construction Accidents

June 8, 2017
Who Is Potentially Liable For My Injuries In A Construction Accident?

By Michael H. Joseph

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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

June 8, 2017
What Are Top Misconceptions About Construction Accident Claims?

By Michael H. Joseph

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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

March 3, 2017
Do I have a Lawsuit for my New York Construction Site Accident

By Michael H. Joseph

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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

February 27, 2017
Outcry To End Construction Accident Fatalities In New York

By Michael H. Joseph

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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

September 7, 2016
Falling Material Cases In New York Construction Accidents

By Michael H. Joseph

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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… Read More

September 23, 2015
Construction Accidents On The Rise In New York City

By Michael H. Joseph

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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… Read More

September 11, 2015
New York Appellate Court Limits The Blame The Worker Defense

By Michael H. Joseph

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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… Read More

August 13, 2015
Stairs Lacking Handrails Violate New York’s Building Code

By Michael H. Joseph

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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.… Read More

June 6, 2015
Another New York City Crane Accident

By Michael H. Joseph

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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… Read More

January 15, 2013
Material Supplier Liability For Pump Jack Scaffold Failures In New York

By Michael H. Joseph

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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… Read More

 
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