Construction Site Accident Attorney in New York

Construction Site Accidents are accidents in which an employee of the construction site and/or a passerby is injured on the physical construction site as a result of someone’s negligence or deliberate wrongdoing. Who to place the blame on in these accidents is very difficult, as numerous parties may be involved in a construction project, including – an employee, the construction company employing individuals, a third-party contractor that is working on a project within the construction, and so on.   

Construction Site Accident Types  

Within the scope of construction site accidents lie several different accident types that each have their own requirements and processes. These include: 

• Falls from Scaffolding
• Falls from Rooftops
  Falling Debris from a 
• Construction Site
• Electrocutions
• Trench Collapses
• Explosions
• Heavy Equipment Accidents 

Construction Site Compliance Measures  

Due to the dangerous nature of construction sites, there are numerous compliance measures that must be followed – including occupational and site safety standards and regulations, engineering issues, and liability and indemnity determinations.   

One of the most important is the Occupational Safety and Health Act of 1970 (OSHA), which lays out the legal standards by which the property owner, general contractor, and/or sub-contractor must attain and upkeep in order to avoid personal liability for a construction site’s personal injury. The Act essentially stipulates that whoever was in control of the job site, or the particular job activity, at hand when the injury took place is responsible for ensuring compliance with the regulations.  

Case Example: Scaffolding Personal Injury Claims  

Take scaffolding injuries, for example. According to OSHA, the person in control of the job site, or the particular job activity, at hand must comply with two (2) major regulations:  

• The Design and Construction – of said scaffolding must be in compliance with OSHA regulations, which include various maximum intended load levels. 
• Inspection – of any and all scaffold and scaffold components, which includes every item of personal protection equipment, for visible defects prior to the start of each shift. 

In addition, scaffolding laws in New York are set in the New York Labor Law Section 240. This section, commonly known as the “Scaffold Law,” imposes “absolute liability” on any and all contractors and/or worksite owners if they neglect to provide the necessary safety regulations and devices to protect workers from potential falling objects and physical falls. The Scaffold Law is very expansive in its coverage for construction workers. For one, the definition of “absolute liability” in this context means that, even if you never hired the injured worker, you – any other general contractors and/or property owners – are still legally liable under certain circumstances. Further, New York courts have historically suggested that even if the injured worker lacked care and/or was negligent in their actions that led to them getting injured, their claim submitted under the Scaffolding Law is not able to be defeated.  

Contact us today to get a free consultation with our experienced injury attorneys.