Construction workers by virtue of the added dangers they face daily, are afforded extra protections under the law. These protections are meant to deter general contractors and, in many cases, land owners from saving money by jeopardizing the safety of the site worker. For instance, if a scaffold collapses, or a safety harness fails or is not provided, the general contractor and the land owner in most instances will be held strictly liable to the injured worker. In addition to receiving workers compensation for medical treatment and lost income, the New York State legislature has provided for the award of damages for personal injury.
When litigating a construction accident it is vital that the attorney be familiar with OSHA regulations as well as the New York State Industrial Code, as violations often make the contractor and land owner liable to the injured worker. For example, the work place must be kept clean so as to avoid workers' falls on debris. The failure to keep walkways clean can subject the contractor and land owner to liability when a worker gets injured. However, the failure to properly allege these sections of the Labor law could be fatal to the outcome of the case.
Unfortunately, when workers get injured on a construction site, the injuries are often very serious and career ending. The outcome of the personal injury case must therefore ensure that an injured worker and his or her family will be properly compensated for lifetime of lost income, loss of pension benefits, medical bills as well as for the pain he or she will suffer from now and into the future.
The attorneys of Bergman, Bergman, Goldberg, Fields & Lamonsoff, LLP have been handling construction cases for more than 50 years and in nearly every county of New York State. We know the law. If you’ve been injured as the result of a construction accident - please call us. We can help.