Question

What is a construction site accident case in New York?

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Joseph P. Awad - Personal Injury - Medical Malpractice - Super Lawyers

Answered by: Joseph P. Awad

Located in New York, NYSilberstein, Awad & Miklos, PC

New York, NY
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Answer

In the state of New York under Sections 200, 241 (6) and 240 of the Labor Law, all contractors and owners in the erection, demolition, repairing, altering, painting, cleaning and pointing of a building or structure must furnish or erect for the performance of such work safety

devices so as to give proper protection to the workers who are performing construction site work. Additionally, the owner or general contractor of a construction site workplace owes a duty to the construction workers to maintain the area where they work, as well as the areas on the property that lead to and from the work area, in a reasonably safe way. This means that it’s the owner and general contractor’s obligation to correct any unsafe condition that exists at the worksite.

Construction Site Accident Cases Vs. Workers’ Compensation Cases

A workers’ compensation case involves an injury on the construction job to a worker who then is provided with immediate financial support for his or her medical and health care treatment and for lost wages through their employer’s workers’ compensation insurer. A construction site accident case involves the same worker and the same injuries, but this is brought in the State Supreme Court against the owner of the construction site and the general contractor managing the construction site for worker's past and future economic losses and permanent impairments and disability. The construction site accident case will result in a payback to the workers’ compensation insurer for the monies that were advanced for the immediate health care and support of the worker and will relieve the workers’ compensation insurer of any future financial obligations.

What To Do If You Are Hurt

You should immediately report it to your supervisor or foreman, if possible you should have yourself or a coworker take photographs of the site of the injury and the defect or unsafe condition and of course, you should seek immediate medical care.

Contacting A Lawyer 

Once your medical condition has been properly attended to, immediately contact an experienced New York construction site accident trial attorney. An experienced New York trial attorney will investigate the facts, make sure that all of your legal rights are preserved and protected, and determine the identity of the possible responsible persons or corporations accountable for the unnecessary dangerous condition that caused your injury.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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