Construction Site Falls

On January 13, 2016, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

Construction Site Falls

When a worker gets injured by falling into a trench on a construction site, liability may be more of a hurdle than most people think.  There are several facts surrounding the accident that will determine whether the contractor or property owner has liability.  One of the most interesting points of contention is whether covering the trench to protect the workers is inconsistent with an integral part of the job.  This would mean that covering a trench is not necessary if it would frustrate the purpose of the construction job itself.  The Court in Salazar v. Novalex Construction Corp., 18 N.Y.3d 134, 960 N.E.2d 293 (2011) gives us this conclusion.  Industrial Code violations necessary for assigning liability in certain labor law claims may depend on whether the uncovered trench is deemed to have been necessary to complete the job.

Obviously, there are other types of falls that can cause injuries on a construction site.  All falls do not involve trenches.  It is important to discuss the specifics with an attorney as soon after an accident as possible to put together a plan to prepare your case for litigation.  Time can be a major factor in preparing a case because evidence can be lost and or destroyed over time.  Construction sites are dynamic and demand immediate investigation in order to protect your interests.  Delaying can harm or even destroy your case.  Knowing exactly what information and investigation is necessary should be left to the expertise of your labor law attorney.  After discussing the investigation strategy with your labor law attorney, you will understand the value of the role the attorney plays in labor law litigation.

Labor Law Attorneys

If you or a loved one are injured in a construction site accident, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a labor law attorney.

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