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Tag: Construction Accident Legal Help Brooklyn
The construction industry in New York is booming. But the rate of construction site accidents in New York is also rapidly increasing. Many of victims file lawsuits to get the compensation they deserve. However, according to experienced construction accident attorneys in the Bronx, they struggle to get it because of a lack of knowledge about labor law derails their claim.
What to do then?
The best thing you can do is hire an experienced construction accident attorney in the Bronx. It is because their wealth of experience will help you investigate and commence your action properly. Your chances of getting the compensation you believe you deserve, will multiply.
However, you should still have some basic understanding of Labor Law. The three sections of Labor Law that every construction worker like you must know about are Section 240 and Section 241 and Section 200.
What is section 240?
Section 240, also known as the Scaffolding law, is designed to protect construction workers from falls and injuries they may suffer from any kind of falling objects or elevation related hazards.
What is Section 241?
Well, this is somewhat similar to section 240. This section actually outlines all specific rules and regulations to be followed in making a construction site safe for every worker. The main aim of this section is to prevent personal or workplace injuries construction workers can suffer due to slip-and-fall or trip-and-fall accidents, chemical hazards, air contamination, etc. In order to successfully prevail under Section 241, a plaintiff must successfully plead a violation of an applicable and specific industrial code.
What is Section 200?
Section 200 is a codification of common law negligence on construction sites. To be successful, a plaintiff must show that the defendant controlled the method of the activity that caused the injury.
These are the very basic things that every construction worker must have knowledge about. But, basic knowledge in this regard does not make you competent enough to represent yourself in litigation. It is because Labor Law is a deep subject that requires education and experience. Therefore, hiring an experienced construction accident attorney is the best move you can make.
If you or someone else has suffered personal or workplace injuries due to a construction accident, the Law Firm of Vaughn, Weber & Prakope, PLLC, a reputed group of experienced Construction accident attorneys in Bronx, Brooklyn, Long Island, Staten Island, New York, Nassau County, Suffolk County, and Manhattan could be the right hand you need.
More Articles:
Labor law attorneys- Fighting for Fair Compensation to Injured Employees
Construction Accident
The construction industry is a very dangerous industry for trade workers who often put their life and safety on the line when they go to work and risk construction accidents. In large cities such as New York City where new high rises are constructed on a weekly basis, developers, business ventures, owners, general contractors and sub contractors often place the bottom line ahead of worker safety. Most recently on September 1, 2016, we saw what can happen when owners and general contractors put money above safety. Two workers were severely injured when an “I” beam fell from the floor above where they were working and struck them. One workers leg was severely fractured and another worker fell through the floor onto the floor below suffering significant personal injuries. Click here to see the story.
A construction accident is often times a catastrophic accident for the victim and their family. The heavy machinery and dangerous conditions can be complicated by the failure of the contractor and subcontractors to follow safety protocol. The laws in this area are complex and increases the importance of speaking to an attorney experienced in these matters.
Construction Accident Attorney
When this happens to you or a loved one, you need someone who will fight to obtain the compensation you deserve. Please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620, where an attorney with a proven track record of holding responsible parties accountable for their negligence can speak with you about your case.
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Gravity and Construction Sites
The obvious thought that comes to mind when thinking about how gravity can play an important role in construction site injuries is a construction worker falling to the ground from an elevated position. An equally important and equally dangerous scenario arises when objects fall from an elevated position. The New York Courts have placed an emphasis in ensuring that adequate safety devices are employed when hoisting or lifting materials so that the materials remain secure and the danger to the workers below is decreased significantly. Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 577 N.Y.S.2d 219 (1991).
In a perfect world, proper safety devices would always be used on construction sites. In the real world, however, construction companies are focused on maximizing profits. This means that timelines must be followed and deadlines must be met. Sometimes in all the haste, safety protocol and procedures are ignored. The New York Courts have taken an interesting perspective on the harm caused by falling objects on a job site. In Runner v. N.Y. Stock Exch., Inc., 13 N.Y.3d 599, 604, 895 N.Y.S.2d 279, 282 (2009), the Court of Appeals turns the focus of whether “..the harm flows directly from the application of the force of gravity to the object.” Under these guidelines, actually being struck by the object may not even be a prerequisite to a cause of action.
Labor Law Attorneys
If you or a loved one have been injured in a construction accident, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a Labor Law attorney today!
Inspecting new constructions
One good reason to have a newly constructed home inspected for defects:
New York law provides every purchaser of certain newly constructed homes with a statutory home warranty (the “Housing merchant implied warranty”). However, the warranty only covers certain latent (hidden) defects.
The Warranty statute states that:
“Unless the contract or agreement by its terms clearly evidences a
different intention of the seller, a housing merchant implied warranty
does not extend to….any patent defect which an examination ought in the circumstances
to have revealed, when the buyer before taking title or accepting
construction as complete has examined the home as fully as the buyer
desired, or has refused to examine the home.”
In other words, the statutory warranty does not cover patent (obvious) defects that the purchaser should have discovered before the closing.
Therefore, it is best to discover all patent defects before the closing. This will give the purchaser and his/her real estate attorney more leverage to negotiate an agreement with the seller regarding the repairs.
As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you. Contact us at (516) 858-2620.
Please visit our Real Estate category to Learn more about real estate.
