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Lawsuits, Construction Claims and Laws

New York City Construction Accidents

At Edelman & Edelman, a construction law firm in New York City, we believe that successful legal representation requires not only providing an aggressive and clear voice to each client, but also providing questions and answers to empower them and help them make educated decisions about construction accident law.

What is meant by a “construction injury”?

When a construction worker sustains a bodily injury in his workplace due to an accident arising out of and in the course of his employment it is called a "construction site injury."  There are construction laws protecting the worker when he get injured on the job site due to the inherently dangerous nature of the employment, a failure to take necessary precautions, or due to the negligence of the owner, the employer or the employee himself.

What is meant by the “Scaffolding Law?”

New York Labor Law § 240, known as the Scaffolding Law, provides for proper maintenance and erection of scaffolding and other devices that workers use to work at elevated heights.  It sets maximum load capacities for such devices and imposes liability on contractors, owners or their agents for the proper installation and maintenance of scaffolding, railing, hoists, ladders, etc.

Because the lack of proper safety devices, defective safety devices, or the failure to take certain precautions can put construction workers in harms way, New York’s Scaffolding Law was designed to protect workers whose jobs require them to work at elevated heights.

Can I recover more than workers’ compensation benefits if I am injured while working on a construction site?

A worker who is injured while employed on a construction site is generally entitled to workers’ compensation, subject to certain limitations.  However, the owner or contractor could also be liable for failing to maintain a safe working environment.  Because the law is so complex and because there are strict time limitations involved, it is important that you contact an experienced construction accident attorney in New York City immediately if you or a loved one has suffered a serious injury while working at a construction site.

If I am injured while working on a construction site, may I file a lawsuit against the owner of the site (who is not my employer) for my injuries?

An injured employee may sue the owner of property on which the employee was working or the general contractor on the job for injuries sustained on a construction site.  In addition to the absolute liability imposed under New York Labor Law § 240, property owners may be liable under New York Labor Law §§ 241 and 200 for failing to provide employees with a safe place to work.  If you have been injured during the course of your employment on a construction site, and have questions about a potential construction lawsuit against the site's owner, please contact the experienced construction injury law firm Edelman & Edelman in New York City today.