Will I be able to be compensated if I am injured on the job at a construction site?
Yes, depending upon the facts. Workers’ Compensation will usually be available since it was an injury occurring while working on the job. Further, the law may also allow a suit against a party other than your employer. In addition to a workers’ compensation claim, under the New York State Labor Laws, the owner of a building being worked on and the General Contractor may be responsible for the injury caused to a worker. Any contractor supervising the worker may also be legally responsible for the accident. There are several sections of the New York State Labor Law that may apply and only an experienced construction accident attorney will be able to properly advise an accident victim about his legal rights.
If I fall from a scaffold or ladder, will I have a lawsuit?
Generally, a fall from a scaffold or ladder will impose liability, but not every case. There are many factors involved, including whether safety devices were provided and whether the worker failed to use available protective devices. Some common sense rules apply and if a scaffold breaks from underneath a worker or a ladder falls down for no apparent reason, there will generally be liability against the owner or contractor. However, only an experienced New York construction accident attorney will be able to evaluate the merits of the case.
What if an object falls on me from above at a construction site?
Generally, an object falling on a construction worker will also impose liability, but the facts of the case must be reviewed before any determination of liability is made.
What if I am injured during a demolition of a building?
If a building falls down injuring a person or dirt caves in from insufficient shoring, the owner or general contractor may be liable.
What if I am an illegal or undocumented worker involved in a construction accident?
The law in New York State protects undocumented workers involved in construction accidents as well as other personal injury lawsuits. There are some cases however when such a worker may be prevented from pursuing a claim for lost wages. This will depend upon a number of factors including whether the employer knew the worker was undocumented and whether the worker submitted false documentation to deceive the employer about his work status. Regardless, the undocumented worker will always have a right to recover for his pain and suffering like any other injured worker.