Were you or a loved one injured on the job and need legal assistance? Read these 3 construction accident tips, then call our Buffalo lawyers.
Mistakes To Avoid in Construction Accident Cases
The mistakes to avoid in construction accident cases that we see sometimes relate to trying to identify the contractors and subcontractors that are present on that site. Often times, you’ll see the big board out front that lists all of the contractors and who the general is, and sometimes they have contractors that will come in on a more temporary basis and they won’t be on the sign. As your attorney, I will need pictures of not only the sign, but also of the trucks, any signs on the trucks or uniforms that people are wearing that might identify what the subcontractors are, especially if they’re responsible for contributing to the cause or whatever dangerous condition caused either the fall or the injury.
Remember, with these premises cases on construction sites, photographing the area where it happened can be critical. Because it’s often against proper safety standards, these areas are often not safe for workers or passers-by. These photos can show an insurance company or a judge and jury just how dangerous the condition was that caused the accident and caused your injury.
Construction Site Fall Injuries
We get calls from clients who are injured when they fall from a height at a construction site, whether it be from scaffold or from a ladder. Depending on what type of work they’re doing, they might be protected by the Strict Liability Statute of Section 240 of the construction law. The labor law does apply if people are working at a height, and they are doing more than just cleaning or routine maintenance.
If there’s a repair, parts replacement, if they’re doing structural changes, people working in those fields have a special protection because they’re both doing that activity and doing so at an elevation. If the elevation is a cause of the injury or harm, then they fall under the protection of that labor law, Section 240. That can be a great benefit because the workers who are working at elevations are the most vulnerable and susceptible to injury of most of the labor force.
Responsible Party for Construction Injury
We often get calls from people who are injured either on the job working construction site or even passers by to a construction site. They present very different claims. If you’re working on the job at a construction site and you’re working at an elevation, and you’re injured due to that elevated activity, you could have a personal injury case that is based on strict liability, meaning you focus on the extent and the nature of the losses and harms, and really can almost bypass the negligence issue if certain factors are in play.
For those people passing by a construction site, the operator, the general contractor or the subcontractors must act in a manner prevent passers by from getting injured. From falling debris, for example, they have to use netting. If there are defects or if they’re tearing up certain parts of the ground, they have to have that fenced off appropriately; they have to have proper signs up; sometimes even flagmen on site to direct both cars and pedestrians away from dangerous areas.
The Personal Injury Lawyers at Andrews, Bernstein, Maranto & Nicotra, PLLC fight for the rights of persons who are injured or disabled. We approach each case on an individual basis and personally assist each client with their unique needs. We are involved in every step of the legal process, and ensure that each case receives the time and effort necessary for success.
Were you or a loved one injured while working on a construction site and need legal assistance? After reading these 3 construction accident tips, contact our Buffalo Construction Accident Lawyers for a free legal consultation and case evaluation to get started on your claim.
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