If you suffer an injury at your construction job, you may face significant medical bills, time off from work, and long-term rehabilitation costs. Workers’ compensation may cover portions of your losses, but it may not cover the full extent of your damages. By leveraging protections like Labor Law 240, you may potentially be able to pursue additional legal remedies to maximize your compensation, depending on your case’s details.
Below, our construction accident lawyers in New York from Elliot Ifraimoff & Associates, PC, discuss how you can maximize your case’s potential compensation by understanding your rights under New York’s construction safety laws. Learning your rights and taking the right steps after your accident may help you strengthen your case. These steps can significantly expand the types of damages you may recover, allowing you to pursue full compensation for both economic and non-economic losses. For more information, consider consulting an attorney.
Understand Your Rights Under New York’s Construction Safety Laws
Knowing your rights is the first step to building your claim. After suffering a workplace injury, you may file for workers’ compensation benefits regardless of who caused the accident. Workers’ compensation can offer medical expense coverage and partial wage replacement regardless of construction accident liability.
Beyond this, though, many workers are entitled to pursue additional damages as New York’s construction safety laws provide significant protections for injured workers. Although workers’ compensation bars lawsuits against your employer, it does not prevent you from filing third-party claims against owners, general contractors, or other responsible entities under New York’s Labor Laws.” Here are a few key provisions that you should understand:
Labor Law 240
Falls are the second-leading cause of death globally and the leading cause of death in the construction industry, with 421 fatalities from falls occurring in the industry in 2023 alone. In 2022, falls from an elevated surface accounted for 81% of fatal slip, trip, and fall accidents in the construction industry.
To address these concerning risks, New York’s Labor Law 240 imposes strict owner and contractor responsibility for elevation-related hazards. When the safety device requirements, such as scaffolds, harnesses, or ladders, are not provided or fail, injured workers can pursue a third-party claim. Labor Law 240 further applies to gravity-related hazards, including falling workers and falling objects. A worker’s comparative fault is not a defense under this statute. This law may allow victims to seek damages beyond workers’ compensation, enabling them to pursue non-economic losses, such as pain and suffering.
Labor Law 241
Labor Law 241 requires construction sites to follow comprehensive safety regulations designed to protect workers during excavation, demolition, and building activities. If these rules are violated and an injury occurs, the worker may pursue a claim against the responsible parties. This can open the door to compensation that exceeds standard workers’ compensation benefits.
Other Pertinent Laws To Know
Numerous other New York laws may also expand your options for compensation after a construction accident. Depending on the circumstances, these statutes may allow for additional claims against parties beyond your employer.
For example, Labor Law 200 requires owners and contractors to maintain reasonably safe work conditions. Labor Law 200 functions as a codification of New York’s common-law duty to provide a safe workplace and applies to both dangerous premises conditions and unsafe methods of work. A third-party liability claim may also be an option when defective equipment, negligent subcontractors, or outside vendors contribute to an accident. An attorney can help investigate how Labor Law 240, 241, 200, or any other relevant statutes apply to your case.
Report the Accident to Your Employer
After a construction accident, it’s important to report the incident to your employer as soon as possible. Prompt reporting creates an official record of what happened, which is crucial for your workers’ compensation case and any additional legal claims you may pursue.
Be sure to provide clear details about the injury, how it occurred, and any unsafe conditions you noticed. Don’t forget to keep a personal copy of the report for your records.
Busque atención médica
After an accident, seeking medical attention immediately protects your health and your potential claim. Even if your injuries seem minor, a doctor can properly assess and document them, creating a clear record linking the accident to your injuries. This documentation is critical for workers’ compensation claims and any additional legal action.
Be sure to keep copies of all your medical records, treatment notes, and bills, as they can help support the full extent of your damages.
Gather as Much Evidence as You Can
After your accident, it’s important to gather evidence to support your claim. Documentation may support your workers’ compensation claim or additional lawsuits for violations against Labor Law 240 or similar statutes. Key evidence may include:
- Photos of the accident scene, particularly any unsafe conditions
- Declaraciones de testigos
- Copies of the official accident report or communications with your employer
- Your medical records and treatment notes
- Any relevant safety manuals, logs, or equipment inspection records
Begin Your Claim for Workers’ Compensation and Speak With a Construction Accident Lawyer in Queens, NY, About Additional Compensation Options
To start your workers’ compensation claim, you must notify your employer within 30 days of the accident and file within two years. Certain exceptions may apply.
An experienced construction accident lawyer can guide you through these deadlines while ensuring that all forms are submitted correctly. They can also help you identify options for additional potential claims, such as actions against third parties or legal remedies under Labor Law 240.
Are You Looking for a Construction Injury Lawyer in Queens, NY?
Understanding the legal steps after a construction accident can be challenging. Call Elliot Ifraimoff & Associates, PC, today at (718) 205-1010 to discuss your rights under Labor Law 240.
Our firm has extensive experience litigating complex construction accident cases throughout New York City and the surrounding counties.
This article is intended for informational purposes only and does not constitute legal advice.
FAQs Answered by a Personal Injury Attorney in New York
Whether you still have questions about Labor Law 240 or other statutes that could be relevant to your case, we’re here to help. Find answers to common questions below:
What Is Strict Liability in the New York Scaffold Law?
Strict liability under the Scaffold Law (formally Labor Law 240) means that owners and contractors can be held legally responsible for certain elevation-related injuries, regardless of fault, if required safety measures were not provided.
What Are Elevated Worksite Hazards?
Elevated worksite hazards include dangers like falling debris, missing or faulty safety equipment, unstable scaffolding, unguarded edges, or slippery surfaces. These risks can lead to injuries or fatalities if proper safety measures are not in place.
Who Can Be Held Strictly Liable for Gravity-Related Injuries on Construction Sites?
Property owners, contractors, and sometimes subcontractors can be held strictly liable under Labor Law 240 if they fail to provide proper safety equipment or do not maintain safe conditions, leading to a workplace injury.
What Damages are Available in a Third-Party Construction Accident Lawsuit?
You may pursue compensation for pain and suffering, loss of earning capacity, future medical expenses, and other damages not covered by workers’ compensation.