If you suffered an accident while working at your construction job, you may have many questions. Can I seek compensation for my harm? If I can, whom should I sue for damages? How long do I have to take action? These are all useful questions, and the answers to them can help choose a legal option that’s right for you. To find out the answers to these and more questions about your case, consult a skilled New York construction injury attorney.
An accident case from Broome County provides an example of a worker’s successful litigation. Daniel was an employee of a masonry subcontractor when he suffered his injuries. He was setting up a scaffold as part of a college dormitory renovation project when a truck tire rim fell from the dorm’s roof and hit Daniel in the head. The roofing subcontractor had placed the rim on the roof, supported by a safety warning barrier that notified rooftop workers they were near the edge of the roof.
The roof was several stories up, and the rim weighed 25-30 pounds, so the impact with Daniel’s head was substantial. Daniel filed a lawsuit alleging that the general contractor and the roofing subcontractor were liable for his injuries. He had two bases for his claim for compensation. One was Section 240(1) of the Labor Law, which allows injured workers to recover damages as a result of a “elevation-related risk” that caused the worker’s injuries. The other was Section 241(6), which allows workers to pursue compensation if a violation of the Industrial Code (which is a set of workplace safety rules established by the State of New York) took place and led to the accident.