construction accidents have
workers' compensation as the only recourse. In New York, however, there is a greater likelihood
you will be able to sue for damages due to Labor Law 241. This law requires
contractors and owners provide reasonable and adequate protection and
safety on a job site. An experienced New York City personal injury attorney
can review your specific case and identify any factors which allow you
to file a claim.
Understanding Machinery Accidents
The nature of construction involves a large variety of machinery, most
of which should be safe if handled correctly, but also have an inherent
potential for danger. A relatively small error involving a
crane, man lift,
compressor or other similar machinery can quickly escalate and cause great damage.
Victims of these types of accidents may suffer lost limbs, internal injury,
spinal injury, brain damage,
electrocution, and any number of similarly horrific consequences. These incidents can
come about for several reasons, some of which include:
- Lack of or insufficient training on machinery operation
- Inadequate enforcement of safety procedures
- Failure to provide necessary safety equipment
- Carelessness or recklessness in the operation of machinery
- Negligent machinery maintenance
- Defective machines or safety equipment
Understanding Your Rights Under Labor Laws 240 & 241
Usually, a construction worker's only option after suffering a serious
injury on the job is to file for workers' compensation. Although this
can be a practical course of action for some, it is also important to
understand what rights you possess under
Labor Laws 240 & 241—if you are currently employed in the state of New York.
These laws have been implemented to protect employees from the hazardous
conditions of a jobsite. In doing so, they stipulate that all contractors
and property owners must provide their workers with a reasonably safe
work environment. Should they fail to do so, and an employee is subsequently
injured, they may be subjected to a civil suit. Rather than holding the
responsible party accountable on the grounds of negligence, however, these
labor laws impose absolute liability—meaning that any such violation
would give the injured worker valid reasoning to bring suit against them.
Let Our NYC Construction Accident Lawyers Protect Your Rights
The staff of Lurie, Ilchert, MacDonnell & Ryan LLP includes highly
skilled personal injury attorneys, assistants, investigators, secretaries
and interpreters. You may converse with us in Spanish, Polish, Spanish,
Slovak, Czech or Chinese. Our phone line is manned 24 hours a day, 7 days
a week and we limit the number of clients we accept so that we can continue
to provide attentive and personalized service.
Call today at (646) 461-4009 for a free consultation or
submit a complimentary case evaluation form online!