Home Practices Construction Injuries CONSTRUCTION TRIP & FALL ACCIDENTS
Choose Rosenberg, Minc, Falkoff & Wolff, LLP for legal counsel if you have suffered construction site injuries in a trip & fall accident in New York City. Our construction accident attorneys know how trip and fall injuries can affect a construction worker’s life and family, and limit their future ability to work in many cases.
We have the legal expertise and experience necessary to meet your goals for compensation in construction site trip and fall injuries. Our lawyers will collect crucial evidence, pursue a comprehensive legal strategy, and build a robust case to ensure that your right to compensation is fully protected.
Remember that in slip and fall or trip and fall injuries on construction sites in New York City, workers’ compensation may not be your only option. Our competent construction accident attorneys will evaluate if you have a personal injury claim, which could substantially increase your possibility of compensation amount.
Under the labor laws in New York, construction site owner, general contractor, or another party could be held liable for an unsafe job site.
A party may be responsible for safety even if they did not directly cause your accident or injury. Your compensation range as an injured construction worker in New York could be much wider if you can prove the negligence of one or more parties in causing your injuries.
Factors that could lead to trip and fall injuries on construction sites include:
Construction site debris, such as leftovers from cement, wood, cut rebar, wiring, and metal may result in a trip and fall accident. If the site owner or the general contractor has shown neglect in keep the property clean and free of debris, they could be legally responsible for your resulting injuries.
Incomplete structural aspects of an ongoing construction project, such as staircases, conduits, and floors could pose a trip and fall risk. Property owners and contractors have a responsibility to oversee the construction activity and take the necessary steps to safeguard workers against incomplete structure hazards.
Ice and Snow
When an under-construction building in New York is exposed to the elements, ice or snow may accumulate, which is a serious hazard for slip and fall injuries. The contractor or the owner has a responsibility to remove these hazards from the site where construction workers are operating.
At Rosenberg, Minc, Falkoff & Wolff law firm, our construction injury trip and fall attorneys will pursue your legal claim with commitment and sharp precision. If a personal injury claim is pursued, it will not be against your employer, but a third party. In addition, we can support you with your workers’ compensation claim filing as needed.
If you or someone you love has suffered injuries in a New York construction site trip and fall accident, you may have a valid personal injury case to seek a claim from the responsible parties. You could obtain financial damages for your medical costs, loss of income, and curtailment of your future ability to earn resulting from your injury.
In case of a severe injury, you may also be awarded additional compensation for your pain and suffering. In an unfortunate event of a wrongful death on a construction site, the deceased’s spouse and immediate family members may be able to receive compensation.
Section 241(6) and Section 200 of the New York Labor Law are two very important statutes providing special protection to an injured worker.
Section 241(6), in the context of trip and fall and slip and fall injuries on construction sites requires property owners and job site contractors to ensure that “work areas” and “passageways” are kept clear of debris, obstructions and any other objects or materials that could pose a trip and fall risk as specified in the New York Industrial Code.
This section of the labor law also requires owners and contractors to keep the entire construction work site free of slip and fall hazards.
Under this section of the labor law, the construction site owner or contractor may be held liable for a trip and fall or slip and fall accident if: (a) they knew in advance about the hazardous condition that led to the accident and did not act to remove the hazard prior to the accident; or (b) they controlled and directed the specific construction site work that ultimately led to the accident.
On construction sites in New York, the parties that are held liable most commonly in trip and fall or slip and fall injuries include the property owner or the general contractor or both. Both these parties under New York law have a legal responsibility to provide reasonable safe job site conditions to construction workers.
The law also requires them to ensure that workers receive appropriate protection against any special or unique hazards that a particular construction site poses. These both parties also have the legal obligation to provide the necessary safety equipment or devices for construction workers operating at elevations or while they are performing inherently dangerous tasks such as excavation.
Any construction firm in New York that fails to meet these legal obligations can be held accountable for on-site trip and fall accidents and injuries that may occur as a result.
A building owner as well as the owner of a job site have a legal “duty of care” towards any individual present on the site – particularly, the construction workers. These parties are required to ensure that the site is maintained in a reasonable safe manner.
This may include drying slippery surfaces, repairing uneven surfaces, clearing crowded walkways, removing snow and ice, and any such things that could pose a hazard. This also includes issuing appropriate advance warnings about on-site safety hazards, which the site owner or contractor is aware of or should be aware of if they carried out a reasonable site inspection.
The experienced New York trip and fall lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP can help injured construction workers determine whether their trip or slip and fall injury could give rise to a claim to hold these parties liable.
Injured construction workers also have a right to receive their maximum possible workers’ comp benefits in New York. To receive this claim, you are not required to prove the fault of your employer.
Rosenberg, Minc, Falkoff & Wolff law firm was founded in 1922. We have recovered more than one billion dollars for our clients in personal injury cases in New York. To assert your rights to compensation under New York Labor Law 241 and Labor Law 200, you should choose our firm.
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