Construction Accidents
Hach & Rose is recognized as personal injury counsel representing members of many building trades injured on construction sites. Partner Michael Rose speaks annually at the New York Bar Association seminar for on construction site accidents. The attorneys at Hach & Rose have extensive experience in handling these types of accident cases. Partner Gregory Hach is recognized by labor unions throughout the country as personal injury counsel. We handle elevator and scaffold accidents, as well as falls from heights such as ladders. We have a keen knowledge of medical issues which are extremely important for determining the value of your case and how to proceed successfully for your claim. We have put millions of dollars into the hands of workers by educating them as to their specific rights. One of the biggest losses for workers is the failure to recognize third party actions under the New York State Labor Law. On several occasions, we have successfully taken on cases that were improperly worked up by other attorneys without a concentration in this area of the law.
According to the US Department of Labor Bureau of Labor Statistics, the construction industry accounts for the highest number of worker fatalities of any industry. Each year, thousands of workers are killed or seriously injured while working on construction sites. There are strict safety regulations in place on both the Federal and State levels which require premises owners, general contractors and sub-contractors to properly equip their employees and maintain their construction operations. Unfortunately, these rules are often overlooked. They are overlooked for a number of reasons, such as to maintaining the speed of construction and saving costs associated with their implementation.
New York State Labor Law was enacted to make the workplace safe for construction workers and others on the premises. Since the addition of these laws, they have been attacked by property owners and insurance companies. As a result, courts have begun to interpret the laws more strictly, thus limiting or eliminating benefits for workers who have been injured or killed as a result of construction accidents. Two such sections of New York’s Labor Law are:
Section 240(1) requires that contractors and land owners of buildings larger than one and two family dwellings, shall furnish or erect scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices to give proper protection to a construction worker.
Section 241 (6) requires that work done at a construction, excavation or demolition site be so constructed shored, equipped, guarded, arranged, operate and conducted to provide reasonable and adequate protection and safety to persons lawfully frequenting the premises.
Under New York State Law, workers injured on construction sites can commence third-party lawsuits against the owners of the property, general contractors, sub-contractors, and architects when such accidents occur. In addition to lost wages and medical benefits available under Workers’ Compensation Laws, financial benefits to compensate for additional lost wages, pain and suffering, additional medical benefits and loss of consortium are available.
There are specific legal requirements based on the facts regarding such injuries that make it crucial for the injured member to contact an attorney that specializes in labor law claims. Although there is a three-year statute of limitations to bring one's case under this area of the negligence law, it is important to act quickly when injured. Where liability rests on evidence which can easily be removed from the site of the accident it is important to take measures to preserve that evidence for future use.If you have been injured in a construction site accident, we can help you hold the negligent parties accountable. Call an attorney at Hach & Rose today for an evaluation of your case.
