Liability in a construction site accident can be difficult to determine. In many cases, multiple parties can be held responsible for the construction accident. This could include construction site owner, contractor, or equipment manufacturer, among other negligent third parties. Anyone that owes you a legal duty for providing a safe work environment at a construction site can be held liable if their negligent actions or inactions lead to an accident.
You would need to prove the party failed to do what they were reasonably expected to for ensuring your safety. If you or someone you love was injured at a construction, excavation, or demolition site, an experienced Brooklyn construction accident attorney will be able to help you hold the responsible parties accountable.
Here are a few potential at-fault parties that can be held liable for a construction site accident.
Liability in a construction site accident can be difficult to determine. In many cases, multiple parties can be held responsible for the construction accident. This could include construction site owner, contractor, or equipment manufacturer, among other negligent third parties. Anyone that owes you a legal duty for providing a safe work environment at a construction site can be held liable if their negligent actions or inactions lead to an accident.
You would need to prove the party failed to do what they were reasonably expected to for ensuring your safety. If you or someone you love was injured at a construction, excavation, or demolition site, an experienced Brooklyn construction accident attorney will be able to help you hold the responsible parties accountable.
Here are a few potential at-fault parties that can be held liable for a construction site accident.
Construction Site Owner
The property owner can be held responsible for an accident if they fail to post information about safety hazards and dangerous materials. In case a guest is invited to the construction site by the property owner, they can be held liable for injury, even if a single guest suffers.
In Brooklyn, a property owner can be held financially or legally liable for any injuries suffered in an accident even where their negligence is not directly responsible for the accident.
Construction Company or Contractor
In Brooklyn, there are a few construction projects that are managed by a single construction company. These companies are usually responsible for all aspects of the work. In case of an accident on these sites, a skilled Brooklyn construction accident lawyer can hold the construction company liable for damages.
At times, general contractors are hired for overseeing the project. They are also in charge of hiring subcontractors for handling different parts of the overall site. Subcontractors are responsible for bringing their own equipment to the site. This makes them liable for any accidents caused.
There are primary parties at a construction site that are responsible for ensuring worker safety and site safety by following safety protocols. A key part of preventing injuries is by training all site workers on safety protocols. All workers should be trained on the Occupational Safety and Health Administration (OSHA) fall prevention campaign.
In New York, non-negligent party owners can be held financially and legally liable in the event of a construction accident claim. General contractors can also be held legally and financially liable. You need a Brooklyn construction accident law firm that is thoroughly familiar with personal injury laws and has prosecuted numerous cases with successful outcomes.
Construction Engineers
If an architect or engineer creates a faulty plan for a construction site that eventually results in an accident, they can be held liable for the injuries caused.
Equipment Manufacturers
The manufacturer of power tools and other similar equipment can be held liable for a construction site accident if a malfunction was the result of a manufacturing defect. This is true even if there is a significant design flaw in the tools which resulted in the accident. An experienced Brooklyn construction injury lawyer will hold the equipment, manufacturer, or company liable for financial recovery.
Product Manufacturers
Not using a product in the manner it is meant to can prove to be disastrous at a construction site. This includes building materials, heavy equipment, power tools, and ladders. Product liability claims can be filed by construction workers and site visitors for pursuing compensation against companies that manufacture, design, or sell defective products.
New York Laws for Holding Negligent Parties Liable in Construction Accident Cases
Under New York laws, any individual or entity in a position of maintaining or controlling the work site is required to provide a safe place for everyone to work. Several labor laws and provisions in New York can be relied on for holding the at-fault parties legally accountable.
New York Labor Law §200
Anyone with control over a workplace or responsible for maintaining site conditions, equipment, and practices is responsible for ensuring worker safety under this law. All types of workers are covered under New York Labor Law §200 instead of just construction workers.
It’s applicable to installation, mining, transportation, manufacture, and maintenance. For an individual to be held responsible under this statute, your Brooklyn crane accidents lawyer will need to ensure that the liable party was in a position of control over the dangerous practice or condition that ultimately led to the injury.
New York Labor Law § 240 (1) and 241-a
These laws require all contractors, owners, and their agents to erect or furnish adequate safety devices for protecting construction workers from the hazards of working in stairwells, elevator shafts, and other elevated places. The general contractor or owner can be held responsible regardless of whether they were supervising or were in control of the site.
The general contractor and owner cannot escape liability even if they hired a subcontractor for completing the task at the site. For instance, the roofing company will not be held liable by a competent ladder accident lawyer Brooklyn. Even when the owner leases the property to another owner, they are primarily responsible for any violations caused by the tenant or through the work performed by a tenant.
New York Labor Law § 241 (6)
This law requires owners, contractors, and their agents to provide a reasonable and safe job site to all people employed at the site. The owner, contractor, and their agents cannot use the argument of the work getting done by a subcontractor to escape liability for not complying with the safety standards.
For instance, if a general contractor was hired to perform a particular job by the owner, who goes on to hire other subcontractors for completing the actual job – the owner, general contractor, and subcontractors can be held liable if their failure to comply with safety regulations led to a worker getting injured.
You should consult with an experienced Brooklyn forklift accidents lawyer if your injuries are because of a crane accident. Masonry workers are normally provided workers’ compensation benefits by the employer. However, they can also hold the project owner liable for their losses.
There are no excuses for a construction site accident. Project owners can be held liable without excuses if an accident occurs at the construction site. Workers are responsible for using the safety equipment provided. The owner and contractors hired for performing the job can be held jointly responsible for the accident if the safety equipment was not provided or if it was broken or inadequate.
Steps to Take After a Brooklyn Construction Accident and Injury
There are a few steps you should take if you get injured on a construction site. You need to make sure that you prove liability and receive adequate compensation from the responsible party.
Seek medical attention
You need to seek immediate medical attention to get a record of your injuries. Physicians will be able to check the source of the problem if it leads to any future health complications.
File an injury report at work
You should let your supervisor and the company’s administration know about your injury after getting hurt. Generally, incident reports are filed by employees. This report explains the why, where, when, and how of the accident.
Take photographs and make videos
Insurance companies are quick to deny or fight payouts. You need to document the scene of the accident and your injuries. You should gather witness information as well since testimonies can be helpful.
Seek legal assistance
You should speak with a qualified Brooklyn construction accident lawyer since these lawsuits can get complicated. You should consult with an attorney that understands your legal rights and takes the necessary steps towards protecting them.
Importance of Hiring a Brooklyn Construction Accident Lawyer
You should speak with a Brooklyn electrocution accidents lawyer after a construction site accident. It can be difficult to establish liability without the help of a scaffolding accidents attorney in Brooklyn that understands the law.
Workers’ compensation benefits are not always enough for covering medical bills and other losses. Without enough money for pursuing proper care, you won’t be able to recover from a long-term injury. Additionally, all New York employers don’t always carry workers’ compensation insurance.
In most cases, the only way of obtaining adequate compensation is to file a lawsuit. Working with a reputable Brooklyn construction accident law firm will help you determine the actual worth of your claim. Insurance companies are not always quick to release funds for covering medical costs and other expenses.
There are several insurance companies that deny compensation and settle only for a very low sum of money. You should work with a seasoned Brooklyn construction accident attorney to fight these large entities and obtain the compensation you deserve. Competent attorneys can also determine whether there is any third-party liability involved. This will allow you to obtain financial compensation for your injuries.
Our Brooklyn Construction Accident Attorneys Will Fight to Maximize Your Compensation
At the Rosenberg, Minc, Falkoff & Wolff, LLP, our capable and knowledgeable Brooklyn construction injury lawyers have substantial experience and resources to handle construction accident claims. Our tenacious attorneys won’t just help you with obtaining workers’ compensation benefits, but also maximize recovery through third-party claims. To schedule your free consultation, call us at 212-344-1000 or fill out this online contact form.
