Don’t Pursue Compensation Claims Without A Trusted Construction Accident Lawyer
Posted on October 12, 2021 in Construction Accidents
Have you been the victim of a construction accident in the state of New York? Although working conditions and safety measures have improved drastically over the years, construction is still an industry that comes with a higher risk of accidents than most. Thankfully, in New York, there are many laws and statures protecting workers’ right to pursue legal compensation after an accident, be it an electrocution, fire & explosion, heavy equipment accident, or any other type of construction accident.
Identifying Legal Responsibility
When a worker is injured on a construction site, employers, landowners and/or developers can be held responsible for the accident. Unfortunately, accidents can occur when safety measures are overlooked for the sake of speed. It is important for worksites to abide by OSHA as well as New York City Rules and Regulations (NYCRR) at all times, and if a violation has occurred, the injured worker will have a strong case.
There are three key laws in place in the state of New York to protect workers who have been victims of construction accidents. These include:
- The Labor Law 240(1), or Scaffolding Law, where property owners are held completely responsible for falls from heights that occurred due to inadequate safety measures
- Section 200 of the same Labor Law allows workers to sue defendants for failing to maintain safety measure at worksites.
- Section 241(6) entitles a worker to protection if their construction accident was the result of a breach of rules covering workplace safety.
Compensation Claims You Could be Entitled to
Depending on the facts of your case, there are numerous legal routes to compensation you may pursue. One of the most common routes is Workers’ Compensation, which entitles you to reimbursement of medical expenses as well as a percentage of lost wages. However, you may find that the level of compensation is inadequate as payments are only made for a fixed period of time and you will not be reimbursed the full sum of the wages you would have made had the accident not occurred.
When that is the case, you may be exploring other legal avenues such as Labor Law Section 241(6) violations or Labor Law 240(1) Scaffolding Law violations. An experienced construction accident lawyer can assist you with identifying the most suitable legal option for your case and fight for your best interests every step of the way.
Entrust Your Construction Accident Case to Pazer, Epstein, Jaffe & Fein
At Pazer, Epstein, Jaffe & Fein, P.C., our experienced construction accident lawyers are always on-hand to provide you with a free consultation to establish the facts of your case. From there, we will assist you in identifying the best legal route to take, whether that is a Workers’ Compensation claim, a Labor Law 240(1) claim, Labor Law Section 241(6) violation or any other route. With construction accident regulations in New York being as complex as they are, you should never attempt to pursue compensation claims without a trusted lawyer by your side.