3 Tips to Remember if You are Ever Injured on a Job Site
The New York Construction Accident Injury Guide was created by Andrews, Bernstein, Maranto & Nicotra, PLLC to help those who have suffered a serious injury on a construction site. If you have been injured, it is best to obtain an accident attorney that has trial experience. We will fight for you! Call for a free consultation.
Construction Accident Cases
Too often, profits are put ahead of safety, resulting in serious personal injuries to construction workers. New York State has laws specifically designed to protect workers who are injured on a construction site. Proper safety protection must be provided and worn by the owners of the buildings and all workers. This includes but is not limited to: providing safety devices such as harnesses; preventing dangerous debris from accumulating; and preventing workers from being struck from falling objects.
When a worker falls from a height, it can cause particularly serious injuries. New York State Labor Law 240 requires that proper safety protection be provided by owners of buildings and general contractors for all workers while operating at a height. This includes harnesses, lifelines, and other equipment designed to prevent such falls.
These types of incidents can result in serious, debilitating injuries where a worker’s ability to earn wages and provide for their family in the future is threatened. We will aggressively pursue all legal remedies for the worker, including: compensation for pain and suffering; lost wages; medical bills; etc.
Historically, New York State has provided special protections for people who are involved in the construction trade. Our labor law has two specific sections that are very important to us as attorneys and individuals who work in construction
The first is labor law, section 240 subsection 1. Essentially, the statute says is that if you fall from a height by working in construction or if you are hit by an object that falls from height then the owner of the property and/or general contractor or some other company that may be involved in control of the area are responsible for the injury sustained by the construction worker.
In addition, we have labor law 241, subsection 6. Labor law 241, subsection 6 relies upon the regulations in New York State to determine whether an owner or general contractor is responsible. Essentially in those cases what we do is we look at how the individual was injured if it wasn’t from a height. And we’d look to see if they were injured because of a violation of a New York state regulation protecting workers.
If that is the case, then the worker again can be compensated and will be compensated for their injuries. What we often do in those cases is hire experts in the construction to come in and look at the scenario in which the individual was injured to determine whether he was injured because of the violation.
In New York State, damages are made up of several components, the most obvious of which include physical damage, physical injuries, pain and suffering, and the loss of enjoyment of life experienced by the individual. Less readily apparent damages can – and oftentimes do – include the psychological elements of those injuries. For example, when a person can no longer do things they used to do, there’s a psychological component to their altered life.
Added to one’s physical and psychological damages is an element of special damages which may include loss of wages in the future – even on the back end of current wages lost – and the loss of earning capacity. If, as a result of one’s injury, the length of time the victim would have worked is projected to be shortened by five years, we back-end that.
In addition, some people lose the ability to do certain things they used to do – such as cleaning their home, vacuuming a pool, doing things around their house – and that loss of functionality is factored in as an added component. In those cases, an expert is hired to calculate those damages by determining what the replacement cost of those functions would be. That way, we can make sure the injured person can pay for those special damages in the future.
We begin by first setting up an estate to establish an entity that can pursue the claim on behalf of the deceased person. New York State’s wrongful death statute of limitations is only two years, so you’re well-advised to consult an attorney and have the investigation initiated as soon as possible.
In the case of a simple, small estate, we can do most of the work here. If it’s more complicated, we work with other law firms who handle the estate creation. Essentially, we consider all of the general contractors, or project developers, or subcontractors who may have contributed to the situation that caused the death. We also begin to gather proof of the economic loss caused by the loss of the deceased person because, in New York State, that’s an important factor in a wrongful death claim.