- January 2, 2025
- Tucker Law
- Work Injury
In New York, construction projects never cease. At any given time in the city, someone is building, renovating, or demolishing structures. Unfortunately, these projects pose a substantial risk to construction workers and the general public. Among the obvious potential liable parties in NYC construction accidents are construction contractors and project owners. However, the liability list does not stop there.
Call (516) 399-2364 for a free consultation with NYC construction accident lawyers if you have been injured in a construction accident. Learn how Tucker Lawyers can help get you justice.
Potential Liable Parties in NYC Construction Accidents
In every construction accident, various parties may be liable for damages, depending on the circumstances. Any party present might be held to account for an accident based on how they behaved in relation to the event.
Parties typically present at construction sites include:
- Owners of properties under construction
- Workers
- Contractors and subcontractors
- Utility workers
- Delivery drivers
- The general public.
It may also be that a party who is not present at the scene of an accident is held liable. For example, the maker of a dangerously defective tool or piece of equipment may potentially be held liable for an accident caused by that tool.
Understanding New York’s Labor Laws
New York’s labor laws are unique in that they overwhelmingly favor injured construction workers. Specifically, Labor Laws 200, 240, and 241 provide unrivaled compensation rights for workers injured at construction sites.
Labor Law 200
New York Labor Law 200 imposes a duty of care on construction contractors to reasonably protect their employees from virtually every danger on a construction work site. It allows injured construction workers to sue their employers for full personal injury damages when injured on the job. Whereas workers’ comp only allows for limited economic damages, Labor Law 200 provides full economic and non-economic damages.
Labor Law 240
Labor Law 240 covers construction accidents involving falls from high places or falling objects. Workers can sue for full damages when they are involved in a fall from a high place or an object falls and injures them. It also covers collapsing structures and accidents caused by unstable materials.
Labor Law 241
Labor Law 241 specifically addresses situations related to destruction activities, such as excavation and demolition. It also contains specific rules for safety equipment. Failure to reasonably protect workers and provide the proper safety equipment during these dangerous activities can lead to liability.
Proving Liability in a Construction Accident Case
Ultimately, injured workers must prove liability in order to collect damages. Proving liability, in most cases, requires evidence that negligence has occurred. Evidence in today’s age often abounds at construction accident sites. People with cell phones routinely record accidents or take photos. Furthermore, businesses and other establishments frequently use surveillance cameras to protect their enterprises.
Other key types of evidence in these cases include:
- Witness testimony
- Safety records
- The presence or lack thereof of proper safety equipment
- Licenses or lack thereof
- Construction inspection reports.
Depending on the labor law violation, proof of a violation could potentially make an owner or contractor completely liable for the injury. Under Labor Law 240, for example, a plaintiff’s negligence does not dilute the owner’s or contractor’s responsibility. In other words, if an injured worker falls from a scaffold because of negligence, they can still sue the employer or property owner.
Damages
Injured workers must also prove their damages in order to collect compensation. If a violation occurs but no one is injured, there is no liability. Any injury that does occur must be properly documented in a timely fashion. The optimal type of documentation comes from a qualified medical professional. As such, failure to seek medical treatment after an injury leaves no official record that an injury occurred or when.
Delaying medical treatment also weakens an injured worker’s case by allowing an insurance company to question when the injury actually occurred and its seriousness.
Besides medical records, workers seeking compensation need proof of lost wages, such as a work schedule and pay stubs. Proof of related expenses will also be required, such as receipts and bills associated with the injury. Finally, a journal or diary documenting the impacts of the injuries on a worker’s life can prove pain and suffering and other intangible damages.
Tucker Lawyers is among the top injury law firms in New York City and is always ready to listen to those harmed by others.
The Importance of Legal Representation
Injured workers need seasoned legal representation to navigate the complexities of New York labor and compensation law. Although New York’s compensation laws favor injured workers, recovering a proper amount of damages is a complicated process.
As detailed above, various avenues of compensation may be available for an injured worker, depending on the circumstances of their injury. An experienced New York construction accident lawyer understands how to investigate and identify all forms of compensation available to their clients.
Most importantly, an experienced lawyer’s efforts are guided by their client’s compensation interests. Every move the attorney makes is for the purpose of maximizing the compensation their client receives.
Hiring an Attorney Promptly
If you have been injured in an accident, the most important action you can take for your case is to promptly seek legal representation. There is a time limit of three years from the date of the injury to seek compensation in most construction accident claims. Sadly, many injured workers lose their right to valuable compensation by waiting too long to seek justice for their injuries and losses.
Meet With Construction Injury Lawyers Ready to Fight for You
Construction projects in New York are never-ending, and so is the danger they present to construction workers. If you have been injured in a construction accident, you likely have many questions and concerns. Tucker Lawyers is here to answer your questions and fight to help you get the justice you deserve.
If you have been in a construction accident, contact Tucker Lawyers for a free consultation. You deserve information and quality representation for your injuries. Call (516) 399-2364 today.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]