Most New York construction workers do not realize that New York State Law provides unique protection for those injured on construction sites, whether big or small. A trio of statutes (Labor Law 200, Labor Law 240(1), and Labor Law 241(6)) place the ultimate responsibility for work site safety on the owner of the construction job or contractor involved. These statutes allow an injured worker to recover monetary damages for any injury suffered.
Most New York construction workers do not realize that New York State Law provides unique protection for those injured on construction sites, whether big or small. A trio of statutes (Labor Law 200, Labor Law 240(1), and Labor Law 241(6)) place the ultimate responsibility for work site safety on the owner of the construction job or contractor involved. These statutes allow an injured worker to recover monetary damages for any injury suffered. The Buffalo NY Construction Accident Attorneys at Brown Chiari have the experience and knowledge necessary to acquire respectable results to injured construction workers.
Many New York construction accident clients are surprised to find out that certain sections of the New York State Labor Law protect those injured on a job by reason of faulty construction equipment. Normally, the construction equipment is owned by your employer, and generally you may not bring a lawsuit against your employer for a work site injury, no matter what the cause. If you are injured as a result of faulty construction equipment, however, certain sections of the New York State Labor Law can provide protection. This is different than a products liability lawsuit. In a products liability lawsuit, a claim is made directly against the manufacturer of the product. In those instances, the suit focuses on the appropriateness of the design or manufacture of the product. But where the equipment itself is not improperly designed or manufactured, you might be able to make a claim against the owner of the construction site or general contractor under the New York State Labor Law. If the construction equipment is not properly maintained, and the reason for its failure is due to this improper maintenance, the owner or general contractor may be responsible for your injury. There are a number of rules and regulations requiring all construction equipment to be periodically inspected and maintained. If problems are detected, immediate action is required. We have often seen that employers try to use old, worn, or ill- functioning equipment so as to save the cost of acquiring new equipment. This exposes workers to unnecessary hazards on the job.
The types of New York injury cases that fit within these statutes are as varied as the ways in which ordinary working people get hurt on the job: a fall from any height; a ladder or scaffold failure; a slipping or tripping hazard on the job; poorly equipped job sites; OSHA or Labor Board violations; and many more. Workers must remember that these statutory rights are in addition to the Workers’ Compensation benefits that they are automatically entitled to when hurt on the job.
Workers’ Compensation benefits are a result of a nearly 100 year old law in New York that prevents workers from suing their employers for on-the-job injuries. That injured worker may only file a Workers’ Compensation claim against that employer. Workers’ Compensation pays all of your medical bills and, usually, 2/3 of your average weekly wage. You may then – in addition – bring a lawsuit against an owner or other contractor who may be responsible to you under the Labor Law. This is often called a third-party lawsuit. These unique cases need the assistance of talented construction accident attorneys in Buffalo New York.
Third-party lawsuits (Labor Law 200, 240(1), or 241(6)) involve a degree of specialization that is critical to fully compensating an injured worker. We routinely call on experts in the construction technology field and physicians who treat injured workers to assist us in the proper handling of your suit. We find that construction workers face risks every day that can lead to very serious injuries. We have successfully completed cases involving fractures, paralysis, spinal injuries, and head and brain injuries that can occur in an instant but have long-lasting physical and financial effects.
Handling cases across New York, New York City, Buffalo, Syracuse, Albany and all other NY cities. Contact one of our experienced Buffalo New York construction accident lawyers today for an initial case evaluation. Brown Chiari will help explain the benefits of utilizing our law firm and what to expect throughout your case.
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