Construction Accident Injuries
Very often, construction accidents on construction sites result in tragic injuries and even death. Confusion as to who is liable for the injury deters some victims from seeking justice. Although several subcontractors may be present on a construction site and their duties overlap; unraveling the mystery of liability can be accomplished by understanding the statutes and prior case law that have evolved to protect such construction accident victims. Worker’s compensation law must also be sorted through before deciding to litigate. If this tangled web of laws is properly sifted through, liability can be assigned and the construction accident victims and their families will be compensated for their injuries.
In recent years, the New York courts have been flooded with construction accident injury cases. The New York times published an article on June 2, 2015 by
Construction victims and their families are not expected to understand the complex web of laws known in New York as “Labor Laws.” Discussing these issues with experienced attorneys can reduce the confusion and let you know what rights you have. Being injured on a construction site can lead to huge financial compensation if handled properly.
New York Construction Accident Attorneys
If you have questions about an accident occurred on a construction site, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to an attorney today!
Loaned Servant Defense
Some Labor Law claims arise in situation where an employer allows their employee to work under the control or direction of another person or entity. The employee is injured while working under the direction of the other person or entity. Worker’s Compensation Law can function to prohibit the employee from suing either her employer or the person/entity under whose direction the employee was operating. This scenario can be raised as a defense to defeat certain Labor Law claims. It is known as the “Loaned Servant” or “Borrowed Employee” doctrine.
Labor Law Attorney
If you or a loved one has been injured in a construction accident, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak to a Labor Law attorney today!
Injured on Construction Site
Labor Law §240(1), sets forth,
“All contractors and owners and their agents…shall furnish or erect, or cause to be furnished or erected for the performance of such labor scafolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.” (Emphasis added).
If you are injured due to a safety device not specifically listed in the statute, you may still be covered by the term “…and other devices.” The New York Court of Appeals has taken the stance that this statute is to be construed liberally so as to fulfill the legislatures intention in enacting the statute. .Zimmer v. Chemung County Performing Arts, Inc., 65 N.Y.2d 513, 493 N.Y.S.2d 102 (1985).
Labor Law Attorneys
If you or a loved one have been injured in a construction accident due to the lack of a safety device, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak to a Labor Law attorney today!
Recently, we have fielded some phone calls regarding workplace injuries. There seems to be some confusion as to when an employer can be sued. There are also several misconceptions with regards to bringing suit against property owners, general contractors and subcontractors. These questions are answered statutorily by New York Labor Law. Sections 200, 240, 241 are 241-a in particular will control the construction litigation lawsuits in New York. These laws attempt to set the guidelines for a safe work environment for all construction workers. Unfortunately, however, accidents happen. Injuries occur. Often times, these injuries are catastrophic in nature. Large construction companies often “cut corners” to maximize profits. Safety protocol can be compromised in these cuts. The injuries caused by the cut corners can deprive a victim of their life or limbs or ability to care for themselves for the rest of their lives. When these injuries occur, it is important to know your legal rights and remedies. The faster you act, the better you can position yourself to obtain a large award.
It is very important to know that although Worker’s Compensation Law (especially section 11) can be restrictive in terms of seeking contribution or indemnification from a victim’s employer, there are types of injuries that will allow for such a claim to be successful. It is important to consult with an experienced Labor Law attorney when faced with aftermath of such an accident.
Labor Law Attorneys
If you or a loved one has been involved in a workplace accident, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a Labor Law attorney today!