Frequently Asked Questions About Construction Accidents
What if I am injured in an accident involving the construction/renovation of a family home? Is it possible that the owner can be held responsible?
A: Generally resident owners are insulated from liability for a worker’s injuries unless they instructed the worker how to do his or her job. However, if the home owner is renting the house or using it for substantial business purposes, the owner may become a liable party that can be sued for damages.
Do I need to be a union member to pursue a construction accident claim?
A: No, any worker can pursue a construction accident claim, whether a union member or not
Who is responsible for ensuring that my construction worksite is as safe as possible?
A: Usually it is the owner, general contractor and in some cases, the sub-contractor.
Do I need a witness to my accident in order to sue someone under the Scaffold law and Labor Law Section 241 (6)?
A: The answer is probably not. Many construction accidents occur outside of the plain sight of a supervisor or fellow worker. As long your story is told consistently and nobody comes forward with any credible substantial information to contradict it, you should be able to sue for compensation.
I frequently work on elevator shafts that have nothing around the edges to protect against a fall. Should I do something about this?
A: Yes, you should inform your supervisor that OSHA laws mandate that workers be provided with a full body harness and lanyards if potentially exposed to a fall of 7.5 feet or greater and no guardrails are provided. If your supervisor refuses or threatens retaliation, you should immediately file a complaint with OSHA (see section on construction accident laws)
What work related injury causes the most deaths in the United States?
A: Electrocution is the leading cause of occupation related death in the United States.
Should I contact a lawyer right away after being involved in a construction accident?
A: The answer is emphatically “yes”. You will be faced with a complicated process to obtain proper compensation for you injury. Only a qualified personal injury attorney can provide the advice you need to secure your rights.
Are all injuries that occur on a construction site covered by Worker’s Compensation?
A: As long as the injury was not due to horseplay on the job or the worker was not proven to be intoxicated prior to the injury, all injuries should be covered
I was injured by debris while walking or driving next to a construction site. Do I have valid grounds for a lawsuit?
A: The construction company has a duty to keep the sidewalk and adjoining road from construction debris. If it fails to do so, and someone is injured, there is a good chance that the company will be held liable. In addition, construction companies generally need to do more than post signs to prevent a pedestrian or driver from being exposed to a hazard on a construction site. In most cases, the construction company must put barriers, warning lights, and other impediments, the degree of which depends on the hazard.
Are there any other laws besides the Scaffold Law and Labor law Section 241 (6) that would allow me to bring a lawsuit?
A: Yes, there are a variety of laws, including those governing defective products, which might be used to sue a responsible party. The best way to learn the laws that might affect your case is to call a qualified personal injury attorney
When are roofers required to wear fall protection?
A: Roofers are required to wear a full body harness any time they are working more than 20 feet off the ground.
If I am injured, can I file a Workers Compensation claim and attempt to sue another party?
A: Yes, but only if the party you are attempting to sue is not your employer and for the most part, a fellow employee. Normally, if you are injured due to the negligence of your employer, a Workers Compensation claim is your only remedy.
What are the most common type of construction accidents?
A: Falls, Equipment malfunctions/failures, construction site cave-ins, and electrocution
Am I covered under OSHA if I am a local or state public sector employee?
A: No, local and state employees are covered under different programs. New York’s program is based on OSHA guidelines and is administered by the Public Employee Safety and Health Bureau (PESH). The website is available at www.labor.state.ny.us/workerprotection/safetyhealth/
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