New York City Construction Accident Lawyer

Construction Accident Lawyer Serving Clients in New York City

Suppose you or a loved one have been harmed in a construction accident. In that case, it’s important that you retain the services of a skilled construction accident lawyer who can guide you through the claims process. If you’re filing a third-party claim, you can depend on Mirza Law to provide the legal assistance you require.

Common Causes and Types of Construction Accidents in NYC

Construction workers operate in environments where a single safety lapse can lead to life-altering injuries. Some of the most common construction accidents we handle include:

• Burn Injuries: Chemical and thermal burns can occur due to hazardous substances, explosions, or exposed electrical wiring.
• Explosions: Gas leaks, electrical malfunctions, and improperly stored chemicals can lead to dangerous explosions.
• Trench Cave-Ins: Unstable trenches can collapse and trap workers. This may lead to suffocation, broken bones, or other serious injuries.
• Defective Ladders: Poorly maintained or improperly designed ladders can cause falls. It can result in head trauma, spinal injuries, and fractures.
• Building Collapses: Structural failures on construction sites can have devastating consequences for workers caught in the collapse.
• Defective Power Tools: Malfunctioning or poorly maintained tools can lead to electrocution, deep cuts, and other injuries.
• Unsafe Property Conditions: Unmarked hazards, loose debris, and unprotected edges put workers at risk of falls and other serious injuries.
• Negligent Supervisors: Employers who fail to enforce safety protocols endanger workers.
• Defective Safety Equipment: Faulty harnesses, helmets, and other protective gear can fail to prevent injuries.
• Scaffolding Accidents: Poorly secured scaffolds or improperly trained workers can lead to falls, one of the leading causes of fatalities in the construction industry.

What to Know About Scaffolding Accidents

You were working as usual when suddenly your scaffold collapsed, leaving you seriously injured. Scaffolding accidents are almost always preventable, yet they continue to happen—often more frequently than many realize.

If you were recently injured in a scaffolding accident, our firm is here to help you pursue the compensation you need for your recovery. These accidents can occur for various reasons. Some of the most common causes we encounter include:

• OSHA Violations: Employers must adhere to strict safety standards to keep workers safe. When they fail to do so, serious injuries can result.
• Lack of Overhead Protection: Falling objects can strike workers if scaffolding lacks proper protective measures.
• Malfunctioning Brakes and Defective Pulleys: Workers can fall or become trapped if the mechanisms used to secure scaffolding fail.
• Poorly Secured Scaffolds: Failing to anchor scaffolds properly can lead to collapses.
• Defective Fall Safety Systems: Harnesses, guardrails, and nets must be adequately maintained to protect workers.
• Unsafe Scaffold Design and Manufacturing: Some scaffolding accidents result from design flaws or manufacturing defects.

Section 240 of the New York State Labor Law

Section 240 of the New York State Labor Law is known as the “Scaffold Law.” It mandates employers and property owners to provide specific safety measures to protect workers from elevation-related risks. This law applies to various construction activities. Examples include erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure.

The statute specifies that contractors, owners, and agents must furnish or erect safety devices. These devices include scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, and other equipment to maintain worker safety during these tasks.

• Strict Liability Under the Scaffold Law

One of the aspects of Section 240 is the imposition of strict or absolute liability on contractors and owners for elevation-related injuries. If someone is injured from a fall or struck by a falling object, the property owner and contractors may be held fully liable. This applies even if proper safety devices are provided and the injured party shares some responsibility for the accident.

• Comparative Negligence, Not a Defense

In cases involving Section 240, the concept of comparative negligence does not apply. This means that even if a construction worker’s actions contributed to their injury, the property owner, general contractors, and their agents cannot use this as a defense to mitigate their liability.

If a construction worker improperly uses a ladder or fails to follow safety protocols, these actions are considered comparative negligence at most. However, comparative negligence is not a defense under Labor Law § 240(1).

• Scope of Protected Activities

The protections offered by Section 240 are not limited to traditional construction work. The law also applies to activities like cleaning and painting. These tasks are covered if they are part of a structure’s construction, demolition, or repair work.

However, routine maintenance tasks may not fall under the purview of this statute. The definition of a “structure” under this law is broad and includes buildings, boats, bridges, garages, subway tunnels, and water towers.

Labor Law Section 241(6) – Safety Violations on Construction Sites

Labor Law Section 241(6) allows injured workers to sue property owners and general contractors when a specific New York Industrial Code violation leads to an accident. This law applies to various hazards, including:

• Unsafe machinery or tools
• Lack of protective gear
• Dangerous working conditions
• Failure to follow required safety procedures

If your injury was caused by a violation of safety regulations, you may be able to pursue a claim under Section 241(6) for compensation beyond what workers’ compensation provides.

What to Do After a Construction Accident

Experiencing a construction accident can be overwhelming. However, taking the proper steps afterward is central to your health and legal rights. Here’s an expanded guide on what to do following a construction accident:

• Seek Immediate Medical Attention

Your health is the top priority. Even if injuries seem minor, consult a healthcare professional promptly. Some injuries may not manifest symptoms immediately but can have profound implications later. Immediate medical evaluation allows for proper treatment and creates a medical record linking your injuries to the accident.

• Reporting a Construction Accident

Construction accidents can affect workers, pedestrians passing by a site, and someone visiting a construction site. If you are injured, report the accident as soon as possible.

Notify the appropriate party—your employer, site manager, or property owner. Provide a detailed account, including the incident’s date, time, location, and circumstances. This report is key to documenting the accident. It may be necessary for third-party claims or other legal actions.

• Document the Accident Scene

If it is safe, gather evidence from the accident site to support your claim. Take photographs and videos of the scene. These should include the equipment involved, hazardous conditions, and your injuries from multiple angles.

Collect any witnesses’ names and contact information, as their statements can help confirm what happened. Additionally, write down your recollection of the events before, during, and after the accident while the details remain fresh.

• Understand Your Rights Under Workers’ Compensation

If you are a construction worker and suffered an injury at your workplace, familiarize yourself with your state’s workers’ compensation laws. In many jurisdictions, reporting a workplace accident promptly is a legal requirement.

Workers’ compensation can provide medical benefits and wage replacement for employees injured on the job, regardless of fault. Comply with all necessary paperwork and deadlines to facilitate timely claim processing.

• Follow Up on Safety Concerns

After addressing immediate concerns, consider reporting safety violations to relevant authorities, such as the Occupational Safety and Health Administration (OSHA). This can help prevent future accidents and may support your case if safety negligence contributed to your injury.

Protect your health and legal rights following a construction accident by taking the steps above. Remember, timely action and thorough documentation are key components in securing the compensation and support you deserve.

Pursuing a Third-Party Construction Injury Claim

You may be eligible for a claim if a property owner, contractor, or equipment manufacturer acted negligently and caused your construction accident. You could be entitled to significant financial compensation for your injuries if it is due to a third-party claim. Unlike workers’ compensation, a third-party claim allows you to recover full lost wages, medical expenses, pain and suffering, and other damages.

At Mirza Law, we focus on holding negligent third parties accountable. If your injury was caused by unsafe working conditions, defective equipment, or another party’s failure to follow safety regulations, we are here to fight for the compensation you deserve. New York has strict deadlines for filing personal injury claims. Hence, it’s important to speak with an attorney as soon as possible to protect your rights.

Contact a Construction Accident Lawyer

The time to act after sustaining a serious injury in a construction accident is now. If you or a loved one suffered a serious construction accident injury due to the negligence of a third party, Mirza Law is here to help. We fight for injured workers across New York City. Our attorneys hold negligent property owners, contractors, and manufacturers accountable.

Let us handle the legal process while you focus on recovery. Contact us today for a consultation to discuss your case. Take the first step toward securing the compensation you deserve.