There was a time when construction workers hurt on the job had little to
no rights. Thankfully, those days are long gone and contractors, subcontractors,
and property owners are legally bound to keep the worksite safe for employees.
The laws as written are essentially meant to hold property owners, contractors,
and their agents liable for worksite negligence.
The specific law to which
experienced Poughkeepsie construction accident attorneys will turn is
New York Labor Law Section 200, which states:
“All places to which this chapter applies shall be so constructed,
equipped, arranged, operated and conducted as to provide reasonable and
adequate protection to the lives, health and safety of all persons employed
therein or lawfully frequenting such places. All machinery, equipment,
and devices in such places shall be so placed, operated, guarded, and
lighted as to provide reasonable and adequate protection to all such persons.
The board may make rules to carry into effect the provisions of this section.”
In simpler terms, there must be a dangerous condition on the property or
in the way construction was being done that actually caused the worker
to be injured. The persons to be held liable must have known, or should
have known, that the danger existed. The persons to be held accountable
must have controlled the construction site and/or supervised the worksite.
On one hand, the law can be called vague; but in actuality it is intentionally
broad so that injured construction workers will have greater protections.
With that said, law suits are highly contentious and several elements
of a Labor Law Section 200 claim will be stoutly attacked by the defense.
Specifically, the property owner will attack the allegation that he/she
knew or should have known about the dangerous condition. Whether or not
there was actual control and or supervision as opposed to mere inspection
or coordination will be hotly debated. Causation will also be attacked
by the defense.
There may have been a dangerous condition and the owner or contractor may
have known about it. The defendant too may have had sufficient control
over the worksite in order to be liable. But if the dangerous condition
was not what caused the
construction worker’s injuries and damages, the owner, contractor, and or agent thereof cannot be held liable.
If the plaintiff is successful at trial, the defendants will have to pay
compensation to the victim, compensation that will not only help the victim,
but will ease unfortunate burdens faced by the victim’s family.
Learn more about law and liability concerning construction site accidents in
our latest article posted here. Read more about New York Labor Law 240 and how it can protect you in
our blog posted here. Learn about New York Labor Law 241 and how it can compensate you for
injuries on construction sites in
our blog posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.