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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. Workers' Compensation Law provides an injured employee the sole remedy against the employer. Although you can not sue your employer, the law does allow lawsuits against contractors, architects, manufacturers, and property owners.
How are contractors and property owners held responsible for construction accidents?
New York Labor Law protects construction workers against the extraordinary risks they take while working on construction sites. This law places absolute liability on contractors and property owners who do not comply with safety regulations, such as, not properly securing ladders and scaffolds.
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.
Lipsitz & Ponterio, LLC can help you obtain financial compensation for your construction accident-related injuries. Contact us.