Buffalo Construction Accident Attorneys & Lawyers
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Most New York construction workers do not realize that New York State Law provides unique protection for those injured on construction sites, whether big or small. A trio of statutes (Labor Law 200, Labor Law 240(1), and Labor Law 241(6)) place the ultimate responsibility for work site safety on the owner of the construction job or contractor involved. These statutes allow an injured worker to recover monetary damages for any injury suffered.
Many clients are surprised to find out that certain sections of the New York
State Labor Law protect those injured on a job by reason of faulty construction
equipment. Normally, the construction equipment is owned by your employer, and
generally you may not bring a lawsuit against your employer for a worksite
injury, no matter what the cause. If you are injured as a result of faulty
construction equipment, however, certain sections of the New York State Labor
Law can provide protection. This is different than a products liability
lawsuit. In a products liability lawsuit, a claim is made directly against the
manufacturer of the product. In those instances, the suit focuses on the
appropriateness of the design or manufacture of the product. But where the
equipment itself is not improperly designed or manufactured, you might be able
to make a claim against the owner of the construction site or general contractor
under the New York State Labor Law. If the construction equipment is not
properly maintained, and the reason for its failure is due to this improper
maintenance, the owner or general contractor may be responsible for your
injury. There are a number of rules and regulations requiring all construction
equipment to be periodically inspected and maintained. If problems are
detected, immediate action is required. We have often seen that employers try
to use old, worn, or ill- functioning equipment so as to save the cost of
acquiring new equipment. This exposes workers to unnecessary hazards on the
job.
The types of New York injury cases that fit within these statutes are as varied as the ways in which ordinary working people get hurt on the job: a fall from any height; a ladder or scaffold failure; a slipping or tripping hazard on the job; poorly equipped job sites; OSHA or Labor Board violations; and many more. Workers must remember that these statutory rights are in addition to the Workers' Compensation benefits that they are automatically entitled to when hurt on the job.
Workers' Compensation benefits are a result of a nearly 100 year old law in New York that prevents workers from suing their employers for on-the-job injuries. That injured worker may only file a Workers' Compensation claim against that employer. Workers' Compensation pays all of your medical bills and, usually, 2/3 of your average weekly wage. You may then - in addition - bring a lawsuit against an owner or other contractor who may be responsible to you under the Labor Law. This is often called a third-party lawsuit. These unique cases need the assistance of talented construction accident attorneys in Buffalo New York.
Third-party lawsuits (Labor Law 200, 240(1), or 241(6)) involve a degree of specialization that is critical to fully compensating an injured worker. We routinely call on experts in the construction technology field and physicians who treat injured workers to assist us in the proper handling of your suit. We find that construction workers face risks every day that can lead to very serious injuries. We have successfully completed cases involving fractures, paralysis, spinal injuries, and head and brain injuries that can occur in an instant but have longlasting physical and financial effects.
View our recent settlements and verdicts.