Construction season is well underway throughout the state of New York and
all throughout the Hudson Valley regions of the Empire State. Our experienced
New York City construction accident attorneys know that if 2015 is anything like 2014, numerous worksites all over New
York will see death, serious injury, and minor injury come to many construction workers.
The five boroughs of New York alone saw over two hundred construction workers
being injured and almost ten others were killed. Accidents happen all
months of the year, especially in New York City. In fact, the New York
City Department of Buildings reports that nearly two dozen construction
site accidents happened in December of 2014 alone. One of those accidents
ended in a fatality after the victim fell from scaffolding.
New York has a long history of scaffolding accidents and legislators have
enacted laws to deal with the problem. One such law, called the scaffold
law, can be found in New York Labor Law Section 240. This law is meant
to protect workers and hold property owners, contractors, and subcontractors
accountable for keeping the work site safe. The law also goes beyond just
scaffolding equipment and includes ropes, braces, slings, hangers, blocks,
pulleys, and irons too in terms of protections.
Labor Law 240 holds these owners, contractors, and subcontractors liable for the damages
suffered by employees who fell from an elevated level. Even if the injured
worker contributed to the accident in some way, the property owners and/or
various contractors can still be liable.
Even more, the injured construction worker may not have to prove that the
owner and or contractor intended to do something wrong or to have committed
some sort of negligence. This is often called strict liability or absolute
liability. Any time a worker is working at an elevated height doing something
such as cleaning, repairing, erecting, painting, and the like, New York
Labor Law 240 will hold the appropriate parties liable.
The law does not apply to everyone, however. Single family property homeowners
and two family property homeowners are not covered by the law. Unless,
of course, they are actually in charge of the work being completed.
Reputable contractors and subcontractors will be insured for these types
of accidents. Property owners will most likely be insured as well. Two
problems none the less may arise. First, construction site insurance often
has high deductibles. What happens if the contractor cannot pay? Second,
many construction site falls lead to serious and permanent injury such
as spinal injuries, paralysis, traumatic brain injuries, and other disfiguring
injuries. The victim’s medical bills, rehabilitation costs, pain
and suffering may exceed the owner’s/contractor’s insurance
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 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.