Queens Construction Accident Attorneys
Representing NY construction workers injured on the job
The construction industry is inherently dangerous. Those who work on construction sites are exposed to the potential for significant harm at every turn. Though most take the necessary precautions to work in a safe environment, accidents still happen. Construction workers trust in the safety equipment provided to them by employers and third parties. They also trust that owners, general contractors, and subcontractors will comply with safety codes. Unfortunately, these accidents can cause serious injury and death on construction sites. Some of these injuries and conditions are too numerous to list. A construction worker is covered under his or her employer’s workers’ compensation insurance policy. If the accident was caused by the negligence of a third party, a worker may be able to pursue compensation for their injuries, including lost wages, medical bills, and more. If you have been injured in a construction accident and believe that your workers’ compensation award is not just or need to take legal action against a third party, contact The Law Offices of George Poulos for a consultation.
Construction accidents and workers’ compensation
Workers’ compensation protects the rights of those injured because of their occupation. It helps an individual financially and medically while they do their best to return to the workforce. Almost every employer is mandated to pay for this coverage and maintain it in case of a workplace accident. If a worker utilizes these benefits, they will not be able to take legal action against his or her employer, and the care provided will not be impacted by a person’s fault for the injury, unless it was caused by substance abuse or a purposeful act.
Construction accidents and third-party claims
Though workers’ compensation bars you from taking legal action against your employer when receiving workers’ compensation benefits, if another party is responsible for your injuries, you may be able to pursue legal action. It is important to note that a person seeking compensation must satisfy his or her burden of proof, proving that negligence occurred. A person can take legal action against a third party if they can prove that the hazard that caused a serious injury was known or should have reasonably been known and was not addressed.
The Scaffold Law Changes Everything for a Fall
A third-party claim is often described as one where you must prove negligence. For gravity-related injuries, that is often not so, and the difference is worth knowing before you accept that your case is hard.
New York Labor Law section 240, the Scaffold Law, imposes absolute liability on property owners and general contractors when a worker is hurt by a height-related hazard and proper safety equipment was not provided. Falls from scaffolds, ladders and roofs, and injuries from falling objects that should have been secured, are the classic cases. Under this statute, you generally need not prove anyone was careless, and your own fault is not a defense the way it is in an ordinary case.
Labor Law section 241(6) reaches further, covering violations of the state Industrial Code even without a fall. Both run alongside your compensation claim, and both can pay for pain and suffering, which compensation never does. Immigration status and union membership do not matter. If you fell on a job site, your case may be worth far more than an ordinary negligence claim suggests.
Contact a Queens construction accident attorney
If you are injured on a construction site, it is important to protect your rights. Through the workers’ compensation process and the possibility of a third-party lawsuit, having quality legal representation can mean a world of difference. The Law Offices of George Poulos has over 30 years of experience fighting for injured workers. If you need legal advice or support, contact our firm to discuss your legal matter and explore your legal options.