When working on a
construction site, it is the responsibility of the supervisor to not only ensure everything
is going smoothly, but that the work environment is safe for all their
employees. If a supervisor fails to take the necessary precautions to
make the workplace or construction site as safe as possible, then they
could be held liable for any injuries, and fatalities, that occur.
Common examples of supervisory negligence include the following:
- Failure to enforce standard safety rules
- Failure to develop and implement a safety program
- Failure to warn individuals about dangerous conditions on a construction site
- Failure to install safety harnesses, covers, rails, and fall protection systems
- Failure to provide safety equipment such as hard hats, gloves, eye protection, etc.
- Failure to make necessary repairs on construction equipment
- Failure to report accidents or injuries
- Failure to train new workers about safety
- Negligent hiring
- Supervising a site under the influence of drugs or alcohol
- Personal negligence of a supervisor
Proving negligent supervision involves proving many of the same elements
in a typical negligence case. First, you must prove that the person or
entity in question accepted the responsibility for supervision. Second,
you must prove that the supervisor failed to uphold a standard duty of
care to keep employees safe. Third, you must prove that the injury was
a direct result of the failure to supervise. Lastly, you need to prove
that the injury was foreseeable, meaning that any reasonable supervisor
could have seen this incident coming and prevented it from happening.
Since Section 200 of the New York Labor Law codified common law negligence
principles which would normally apply to a construction accident, a building
site worker who was injured as a result of negligent supervision may be
entitled to collect compensation for his or her medical expenses, lost
earnings, pain and suffering, and other damages without being required
to prove fault. Construction workers who were harmed at work often have
up to three years from the date of their harm during which to file a claim.
If your construction site supervisor caused you injury in New York,
New York City personal injury attorney at
Lurie, Ilchert, MacDonnell & Ryan LLP today.