Protecting Worker Rights After a Construction Accident
New York has a no-excuses approach when it comes to worker safety. That means if you were injured in a construction site accident in New York — even if you are from out of state — the project owner as well as the contractors hired are liable for your injuries. The project owner cannot pass the blame off onto you or your employer or even the general contractor.
Often times workers are told “It’s a workers’ compensation case. Your own employer was supposed to supply all the safety equipment, and you can’t sue your employee.” This is not true when New York’s Safe Place to Work Laws apply. Make sure you know your rights by talking to a New York construction site injury attorney who knows the law and has extensive experience with these kinds of accidents.
The more serious your construction accident injuries are, the more you will need maximum compensation. That is the goal of construction accident lawyer Dan Santola and the Powers & Santola law firm.
When Safety Is Ignored on Construction Sites, Accidents Happen
Yes, the worker has responsibility for using the safety equipment and to follow proper procedures. According to the construction contract, the worker’s employer may have the primary duty for providing the proper safety devices and training. If the employer fails and the worker is injured, the responsibility to pay for those injuries goes all the way up to the property owner. The owner cannot use as an excuse that it has a contract with the employer to do the work that caused the accident to defeat your lawsuit.
Cave-ins at construction sites are far too common — and the reason is lack of attention to safety. The excavation trenching is un-shored or improperly shored. It caves in on workers. Even if they are not buried by the cave-in, they can suffer severe damages, including irreversible neurological damage.
When a truck backs over a worker at a construction site, the excuse given is often, “I followed OSHA requirements. The backup beeper was on.” On a site where trucks are backing up all day, a beeper is not sufficient. That is why New York requires that backup flaggers must be positioned to warn the driver and workers of the approaching vehicle.
Learn more about the pitfalls to avoid in How to Lose a Good Case.
Cave-ins, truck accidents, falls from heights and countless other construction site accidents can and must be prevented. When safety rules are not followed and a worker is injured, New York Safe Place to Work laws provide the worker with valuable rights.
Albany & Syracuse Injury Attorney · Free Consultation · 518-465-5995 · 315-308-1020
At Powers & Santola, we know the New York Safe Place to Work laws well, and we are dedicated to protecting workers’ rights. Contact us for a free consultation.