Construction accidents are sadly a common occurrence in New York City and often result in life-threatening injuries or serious injuries that lead to lifelong disabilities. We also see construction site accidents that result in fatalities. However, when a construction accident is caused by negligence (carelessness), the at-fault party can be held liable for the injuries, damages and losses suffered by the victim and his or her family.
Factors That Influence Liability
There are a number of factors that must be considered in order to identify which party is at fault for causing the accident. These factors include:
• The location of the construction site accident
• The condition or state of the accident site at the time
• The type of equipment or tools that may have been involved
• Who was using the tools or equipment at the time
• Who had control over the site and equipment
• Whether the injured victim was an employee, an independent contractor or bystander or passerby
Who Can Be Held Liable?
In construction site accidents, there are a number of third parties (parties other
than the employer or co-employees) who can be held liable, including:
Property owner/property manager: The liability of the property owner/property manager may depend on the level of control he or she has over the construction site. The property owner or manager has the legal obligation to maintain the worksite in such a way that there are no dangers to workers or visitors.
General contractors and construction companies: In construction sites, general contractors have a responsibility to create a reasonably safe work environment for their workers and must comply with safety and health regulations set forth by the Occupational Safety and Health Administration (OSHA). This includes not just creating a safe environment, but also warning employees about potential hazards.
Workers at sites must also be provided with proper job and safety training in a language they can understand. In addition, they must receive personal protective equipment such as work boots, hard hats, gloves, goggles for eye protection, hearing protection, etc. depending on the nature and scope of the job. If a worker is injured because of unsafe conditions at a construction site or because of the carelessness of another employee, the owner, general contractor and/or construction company can be held liable.
Subcontractors: These are contractors who are hired by general contractors for specific jobs at a construction site. If the negligence (carelessness) of a subcontractor’s employee causes a construction site accident, the employee as well as the subcontractor (the company) can be held liable for the injuries and losses, as well as the general contractor and building owner and building manager.
Product manufacturers: If a construction worker was injured by defective equipment or machinery, the manufacturer of those products can be held liable. If the problem occurred due to inadequate maintenance, those who were tasked with maintaining or monitoring the equipment can also be held liable.
Engineers and architects: Professionals who plan a construction project also have a certain degree of responsibility to make sure the worksite is safe. Engineers and architects are responsible for planning a construction project in accordance with building and safety codes. If these standards are not met and an accident occurs as a result, the engineer or architect can be held liable.
Contacting an Experienced Lawyer
If you have suffered injuries in a construction site accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job – one of the highest construction case settlements in New York that year. Our law firm also recovered $3,000,000 for a man who fell and suffered two broken legs when he walked into an open elevator shaft. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and/or medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com