DANGEROUS CONSTRUCTION SITE CONDITION INJURIES WE ARE ON YOUR SIDE
NEW YORK CITY AND WESTCHESTER CONSTRUCTION ACCIDENT LAWYERS
NEW YORK CITY AND WESTCHESTER CONSTRUCTION ACCIDENT LAWYERS
New York State Labor Law 241
New York’s Labor Law 241 make the general contractors and property owners on commercial construction projects responsible to comply with all of New York’s Labor Laws and a violation of any of the concrete New York's Labor Laws or a dangerous condition on site allows injured construction workers to hold the landowner or general contractor liable for the injury. General contractors are required to provide construction workers with a safe workplace environment and a contractor who fails to do so may be held responsible for any resulting injuries. Unfortunately, despite the state, federal, and municipal laws established to protect workers, building sites are some of the most hazardous workplaces across the nation. To assert their legal rights, construction workers who were hurt due to an unsafe condition on the job need a New York construction accident lawyer to vigorously advocate for them. The Law Office of Michael H. Joseph, PLLC has more than two decades of experience helping accident victims pursue the compensation that they deserve.
New York State Labor Law Section 200
This law imposes a legal duty on building owners and general contractors to protect the health and safety of all construction workers. Section 200 also states that an employer must adequately maintain and guard all building site equipment and machinery and provide workers with sufficient safety warnings. If a building owner or general contractor fails to meet this requirement, and a worker is injured as a result, the owner or general contractor is responsible for all of the worker's injuries, including lost wages, medical expenses, pain and suffering, and other damages. Under the law, an injured construction worker is not required to prove that the general constractor was direclty at fault in order to recovering compensation for his or her injuries. Instead, the law places the responsibility on the general contractor and building site owner to provide a safe work site and if an accident occurred because the building site owner failed to provide a safe work site and equipment in good condition, then the building owner and general contractor can be sued. Our New York construction accident lawyers have extensive experience in representing injured construction workers.
Common examples os unsafe site conditions include accidents involving slip and falls caused by dirty or debris ridden work sites, falls due to defective ladders, scaffolds, planks that are below OSHA rating, unguarded saws or saws that have defective or removed guards, electrocution accidents caused by live wires or unmarked lines.
Mr. Joseph took my case when I didn't know where to turn. I had a previous lawyer who was not very helpful, and I decided to find help elsewhere.
The moment I started sharing my story with Mr. Joseph on the telephone, he made me feel like someone cared. He listened. He helped. Thats all I wanted.
Thank you Mr. Joseph and your team. M. Hamilton
Our New York construction accident lawyers know that the New York Industrial Code requires that all passageways on construction sites be kept free from accumulations of dirt and debris and from any other obstructions or conditions which could cause tripping. New York law also requires that sharp projections which could cut or puncture any construction worker must be removed or covered. This section applies in the all too common situations where nails are stepped on which are left lying around or debris, such as scrap wood or metal is left in a passageway. Another section of the same regulation requires that the parts of floors, platforms and similar areas where people work or pass by must 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. These provisions taken together provide firm standards which are intended to keep workers who are often carrying heavy materials or dangerous equipment from falling and getting hurt.
Demolition workers are also constantly exposed to falling debris, objects and collapsing walls and other structures. Labor Law 241 and the New York industrial code has numerous sections which protect demolition workers from unsafe site condtions. Some of the more common unsafe site conditions that construction workers encounter while doing demolition includes debris being thrown. To prevent this hazard, the New York Industrial Code requires that safe means of disposing of debris be used, including chutes and that safety nets and sidewalk sheds be provided to protect workers who are working underneath an area where demolition is occurring.
Another common unsafe site condition is structural collapses of walls, studs, beams and other materials collapsing. To protect construction workers from being injured from collapsing structural components, the Code prohibits parts of buildings from being left unguarded in such a condition that such parts may fall, collapse or be weakened by wind, pressure or vibration. Likewise, there must be inspections during hand demolition to ensure proper bracing and shoring to prevent personal injuries caused by weakened and deteriorated floors or walls or injury from loosened material. Therefore, if you were injured because of falling debris or collapsing walls or other structures, or because there was inadequate bracing, shoring, or a lack of overhead protection, you are entitled to money for your personal injuries under Labor Law 241.
One of the most important questions for a construction worker who was electrocuted on a New York construction site, is" I was electrocuted, Can I Sue" The answer is usually Yes.
Our construction accident attorneys know that a live wire on a construction site is a hazardous condition that construction workers need to be protected from. Any time a worker or their equipment comes in contact with a live wire, the result can be devastating and sometimes fatal. Often contractors cover wires before the electrical work is done by closing walls or installing drop ceilings over the wires, which exposes workers to the danger of coming into contact with a live wire and being electrocuted.
New York's Labor laws have strict requirements that are intended to protect workers from being electrocuted. For example New York's Industrial Code requires that before any work is started, including any construction, demolition or excavation site work, the contractor must determine the voltage levels of all energized power lines and power facilities around the work site and that all electrical sources be identified by voltage level and phase. The contractors are also required to inspect and determine if any electrical power circuit, (both exposed or concealed) is located in a position where the performance of the construction work will place any person, tool or machine into physical or electrical contact and the contractor and building site owner must post and maintain proper warning signs where any circuits exist. In addition to just warning the workers, the general contractor and building site owner is required to make sure that no workers perform work close enough to a power circuit that they may come in contact with the electrical current, unless the worker is protected against electric shock by de-energizing the circuit and grounding it or by guarding the circuit with effective insulation or other means. In other words, if you were shocked at a construction site, it was the general contractors fault for allowing you to work near live current, without proper protection.
If you were injured in a construction accident in New York Ciry, call our Manhattan office for an appointment (212) 858-0503.
For an appointment with our Westchester construction accident attorneys, in our White Plains office, call (914) 574-8330.
The Law Office of Michael H. Joseph, PLLC has been helping injured victims recover compensation for their injuries for over a decade. Our attorneys are members of several prestigious organizations, including:
To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.