Mamaroneck Construction Accident Attorney
Representing New York clients after construction accidents
Those who work in the construction industry have dangerous jobs that have the potential to cause significant harm. Construction workers are faced with peril almost everywhere they turn. Some employees work both under objects that have the potential to fall and high above the ground where a tumble would lead to serious injury or even death. These employees trust in the safety equipment offered by their employers and third parties, and that the owners, general contractors, and subcontractors will comply with all applicable safety rules and regulations. Unfortunately, accidents on construction sites are common and can result in death, injuries to the spinal cord and its supporting structures, concussion, amputation, disfigurement, fractured bones, eye injuries, permanent disability and many other injuries and conditions too numerous to list. A worker injured at work is covered by his or her employer’s workers’ compensation insurance. If the injury was caused by the negligence or strict liability of third parties, the worker may bring a lawsuit against those entities to recover damages for his injuries and the impact they have on his life. If you or someone you know has been involved in a construction site accident, contact the Law Offices of Jonathan D. Sands for a consultation.
Workers’ compensation and liability for construction site accidents
New York State’s labor laws and industrial code protect the rights of those injured in the construction industry. In order to protect your rights, New York State and the federal government established workers’ compensation coverage and mandated that every employer maintains insurance in case an employee is hurt on the job. This is known as the “exclusive remedy” that an injured worker has against his employer, and the law prohibits him from suing his employer for his injuries. Before the imposition of mandated workers’ compensation coverage, employees would have to sue their employers to recover damages related to injuries at work. Under the current system, the insurance pays for the injury-related medical costs and also replaces a portion of the worker’s income while unable to perform his job.
As noted above, lawsuits against entities other than the worker’s employer are available to the injured worker providing he can meet his burden of proof. Under the Labor Law, owners and general contractors may be strictly liable for certain types of accidents. In those instances, the worker only needs to prove the nature and extent of his injuries and their impact on his present and future life to recover damages. Other subcontractors and suppliers on the construction site may be liable under various code provisions or based on negligence, and in those instances, the injured worker has a more difficult burden of proof. Should the worker successfully recover monetary damages from some entity other than his employer, whether by settlement or judgment, the workers’ compensation carrier has a statutory lien against the recovered amount.
Contact a Westchester County law firm
For nearly 20 years, the Law Offices of Jonathan D. Sands has fought to pursue full compensation for its injured clients. Lawsuits involving construction site accidents require extensive investigation and detailed knowledge of the construction process. Experts in the fields of safety, engineering and construction are often necessary to ensure that the injured worker’s claim will have the best possible result. Contact our office to discuss your case today.