New York has a long history of protecting construction workers from injuries on the job. The attorneys as Zalman Schnurman & Miner have the experience and expertise in the laws and rules governing construction accidents to protect the rights of laborers and make sure they receive the highest possible recovery.
Most construction accident cases are governed by Labor Law Sections 200, 240 and 241.
Labor Law Section 200 is a codification of the common law rule that all laborers are entitled to a safe place to work.
Labor Law Section 240(1) protects workers from gravity related risks, i.e. an injury as a result of a construction worker falling, or an object falling. This section provides the most legal protection to the injured laborer. This is because the owner and general contractor of the property can be held strictly liable, or 100% at fault, even when the construction worker is partially at fault for the accident. A worker who falls from a ladder or scaffold, is struck by a falling tool or piece of construction material, falls through an opening in the floor, or is injured by the collapse of a crane would most likely be protected by this section.
Labor Law Section 241(6) requires that all construction sites be kept safe in accordance with the specific requirements set forth in the New York State Industrial Code. If a construction worker is injured as a result of a violation of the Industrial Code then the owner and general contractor will be liable for the damages suffered. However, under this section, the construction worker can be held partially, or comparatively, at fault. Workers who are injured by a saw without safety guard, who trip over or slip on construction debris, or who are injured by the movements of a crane will likely be protected by this section.
Due to the severe dangers involved with construction sites serious injuries are often incurred. Large monetary damages can often be obtained when the case is handled correctly. It is important that your lawyer has experience in construction cases and is aware of all of the losses that can be suffered as a result of the physical injuries. Such not only includes the pain and suffering of the actual physical injury, but the loss of past income, future income, fringe benefits, union benefits, being limited to light duty, past and future medical costs, loss of enjoyment of life, loss of spousal services, etc. Even a worker, who is off the books, may be entitled to lost income.
As may be imagined there are many exceptions and nuances to the general rules, and it takes an experienced lawyer to properly navigate them. Whether or not you can recover under these laws may depend on who you are working for, the type of work you are doing, when you are doing it, and where you are doing it. The answers are not always obvious. At Zalman Schnurman & Miner we have the necessary and proper experience to determine what your rights are, and obtain the best recovery for you. Further, we work with some of the best doctors, economists, safety professionals, vocational rehabilitation, and other experts available to get you the best possible results.
There is never a fee for a consultation, and all cases are handled on a contingency fee basis at no risk to you. Call us now at 1-800-LAWLINE.
The Manhattan accident attorneys at Zalman, Schnurman & Miner P.C. represent people injured in auto accidents, construction accidents and slip, trip & fall accidents in Manhattan, Brooklyn, the Bronx, and throughout New York City. Call 1-800-LAWLINE (1-800-529-5463) today to discuss your case with an experienced Manhattan slip and fall attorney.