Construction Accident Attorneys in Albany, NY

Construction sites pose many dangers to workers and passersby, including:

Dangerous Scaffolding 

Two million construction workers regularly use scaffolding as part of their daily work. These scaffolds must be properly constructed to prevent fatal falls and serious injuries. Additionally, workers should be provided with a body harness for additional protection. 

Lack of Proper PPE

Many construction accident injuries can be avoided when workers are provided with proper personal protective equipment, including hard hats, harness systems, and fall protection gear. 

Dangerous Excavation Sites 

Excavation sites can pose particular hazards when workers do not properly use equipment, loads fall, or structural integrity is compromised. In the haste of a project, construction companies may fail to properly identify underground pipes and electrical lines.

Lack of Training 

Construction sites are busy places where many people in different trades often work nearby. If a worker is not properly trained to use heavy equipment, such as cranes or forklifts, machinery, or tools, they can injure other nearby workers. 

Construction work is also difficult, so it is often difficult for construction companies to maintain a dependable staff. They may hire inexperienced workers or outsource work to temporary workers who may not have the proper training or certifications. 

Failing to Communicate Hazards

Property owners and general contractors are required to maintain a safe workspace for workers. Fatal accidents and catastrophic injuries often occur when these parties fail to warn of hazards, such as:

• Unsafe conditions
• Fall hazards
• Spills
• Toxic chemicals
• Missing rails

Improperly Maintained Stairways

Because work may be in flux, stairways may not be safe during a construction project. Handrails or steps may be missing. Liquids or debris could also be located near stairs, potentially causing workers to slip and fall down them. 

Poorly Constructed Trenches

Trenches may not be properly constructed or protected. They may have dangerous elements, such as no sloping, unsecured walls, or no shielding. They could also lack barriers that would prevent workers from falling into them.

New York Labor Laws

Because the construction industry can be so dangerous, New York lawmakers have established various labor laws to protect workers. These laws also give injured construction workers a legal right to file a private cause of action against their employer, which allows them to step outside the workers’ compensation system. 

N.Y. Labor Law 200 

New York Labor Law Section 200 requires property owners and general contractors to maintain a safe workplace. If they violate the requirements and a worker is injured, they can be civilly liable for the harm the victim suffers. 

N.Y. Labor Law 240 

New York Labor Law Section 240 is the state’s scaffolding law. Although called “the scaffold law” it also applies to ladders, man lifts or any working surface that poses a risk of falls to a lower level or object which fall from above.The law dictates the requirements surrounding the safe use of these elevation related equipment and spells out construction site owners and their contractors are responsible for any elevation related accident, even if the owner or contractor assigned the work giving rise to the accident to be undertaken by another entity. This law applies when a worker is performing any of the following tasks on a building or most any other type of man made structure such as water towers, power transmission lines, bridges, pipe lines, billboards, and several other kinds of structures when ever work is being performed such as:

• Erecting
• Repairing
• Demolishing
• Painting 
• Cleaning 
• Altering

N.Y. Labor Law 241

New York Labor Law Section 241 requires that construction site owners and their contractors provide construction workers with a safe place to work. This law requires them to place barriers around hazards and provide workers with proper PPE. 

When Can I File a Construction Accident Lawsuit?

In many instances, injured workers are limited to filing a workers’ compensation claim to recover money for injuries that arise out of the scope of their work. However, New York law provides construction workers with the ability to file personal injury claims against construction site owners and their contractors and to still have all the benefits of a worker’s compensation claim, including when the injury involves:

• A safety violation – If your employer or a contractor violated the labor laws described above, you can file a claim against the liable party. 
• A defective product – If you are injured by a defective product, you may have a claim against the party that designed, manufactured, or sold it. 
• Owners and their contractors who did not direct or control the work resulting in the accident, such as a sub-contractor or the worker’s employer, but are nonetheless responsible for the injury under the Labor Laws, may bring a claim to be reimbursed from the responsible party if there is a grave injury. A grave injury is defined as any of the following: loss of an arm, hand, finger, leg, foot, or toe, quadriplegia, paraplegia, permanent blindness, permanent deafness, traumatic brain injury, or serious facial disfigurement. Additionally, your family could file a claim if the construction accident proves fatal.
• A third party’s negligence – Even if you file a workers’ compensation claim, you could still have legal grounds to file a personal injury lawsuit against a third party responsible for your injuries, such as a contractor, subcontractor, or property owner.

Workers’ compensation is a no-fault system that provides certain benefits to injured workers. This will likely be your first source of financial compensation following a construction accident. New York worker’s compensation benefits include:

• All reasonable and necessary medical treatment derived from your workplace injury or illness
• Wage replacement benefits of two-thirds of your average weekly wage while your disability persists
• Scheduled loss benefits for certain workplace injuries
• Vocational rehabilitation services
• Death benefits to surviving family members of fatal workplace accidents  

Through a personal injury claim, you could recover financial compensation from the at-fault party for the full extent of your losses, which might include:

• Past, current, and future medical expenses
• The full value of your lost wages
• Diminished earning capacity
• Property damage
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life 

An experienced lawyer can identify your losses and help pursue maximum compensation for your injuries.