Construction Accidents

Scorpio Safety Systems, Ltd. Simon McLuckie

Every year construction workers and laborers are killed or seriously injured while working construction sites. This occurs even though various state and federal regulations, as well as industry standards and regulations, require owners, general contractors, and sub-contractors to implement a wide variety of safety measures. Most construction workers do not realize that New York State Law provides protections for those injured on construction sites. Construction accidents rank third among work-injury related deaths in the US, after mining and agriculture accidents. Construction accidents can include:

• Falling from a high location
• Scaffolding accidents
• Motor vehicle crashes
• Carbon monoxide poisoning
• Forklift injuries
• Electrocution
• Machinery accidents
• Getting hit by falling objects

Although workers' compensation can help employees who are injured on the job, the payments are not usually enough to fully compensate an injured worker for all the damages sustained as a result of the occupationally related accident.

More help is available. Under New York Law, workers can bring lawsuits against the owners of the property, general contractors, sub-contractors, architects, and manufacturers of defective products. These lawsuits can provide additional compensation for pain and suffering, and for medical costs.

New York State Labor Law sections 200, 200.1, and 241.6 place the responsibility for work site safety on the owner of the construction job or contractor. These statutes allow an injured worker to recover monetary damages for construction accidents. The types of cases that fit within these statutes include a fall from any height, fall from a ladder, scaffold failures, slipping and/or tripping hazards, poorly equipped jobsites, OSHA (Occupational Safety and Health Administration) violations, and more.

Lipsitz & Ponterio, LLC has experience in all types of construction site accidents. Construction workers labor under hazardous conditions; and if they are injured, the results are often devastating to them and their families. Worker's compensation provides some payments, but when a person is out of work for a long period of time, that places a huge financial strain on the family. Our firm will vigorously pursue all of your rights from start to finish. You will not need separate legal representation to work on your case. Few personal injury law firms will handle both your law suit and your worker's compensation claim; we do.

Lipstiz & Ponterio, LLC is familiar with safety regulations that must be followed in the workplace. We are experienced in investigating safety failures and workplace injuries. If you are injured in a construction accident, we can help you obtain financial compensation for your injuries. Contact us.

Frequently Asked Questions

1. Can I sue my employer if I am injured in a construction accident?

New York State law prohibits victims of workplace accidents from suing their employers. The Worker's Compensation Law provides an injured employee the sole remedy against his employer. Although you can not sue your employer, the law does allow lawsuits against contractors, architects, manufacturers, and property owners.

2. How are contractors and property owners held responsible for construction accidents?

New York Labor Law protects construction workers against the extraordinary risks they take when working construction sites. This law places absolute liability on contractors and property owners who do not comply with safety regulations, for example, not properly securing ladders and scaffolds.

3. What are the safety requirements for construction sites?

OSHA (Occupational Safety and Health Administration) sets specific regulations that must be followed on construction sites. These include:

• Design and Construction - Scaffolds used must meet OSHA requirements and not exceed rate capacities or be used for non-approved uses. Every scaffold must be able to support its own weight plus four times the intended weight load. Every suspension rope must support at least six times the intended weight load.

• Inspection - All scaffolds and personal safety equipment must be inspected before every work shift. Any damaged equipment must be removed.

If you are injured as a result of a failure to follow one of these rules, Lipsitz & Ponterio, LLC can help you obtain financial compensation for your injuries. Contact us.