Construction
Accidents and New York Law
Thousands of horrendous injuries and deaths occur at construction
sites across this country each year. Construction work is one of the
most dangerous ways there is to make a living. Construction workers are
unfortunately often subjected to unsafe work practices and environments,
defective equipment, and other unsafe job site conditions.
Who is Legally Liable?
Claims for injuries that occur at construction job sites are complex
and expensive to prosecute. Typically on any job site, there are
multiple companies that are performing work or are otherwise involved in
that site. This includes the owner, architect, engineers, and
contractors and subcontractors. A personal injury attorney who
frequently handles construction site cases will be familiar with the
various personnel involved in a work site, including their function and
the possibility of their involvement in your case. Also, there are
various agreements and other construction documents that must be
obtained and reviewed by your attorney to determine who may be legally
responsible in any given case.
There are Strict Time Limits
As it is the case with any personal injury claim, there are strict,
and relatively short time limits in which a claim can be filed. These
time limits are called statues of limitations. Basically, a suit must be
filed within the statute of limitations otherwise the claim against any
party not sued will be lost forever. But why wait? If you have been
hurt, time is not on your side. Needless waiting can be severely
prejudicial to your case. Evidence can be altered or removed, witnesses
need to be interviewed, and their statements recorded. You must take
action immediately to protect your rights.
Can You Sue Your Employer?
The one party you cannot bring a lawsuit directly against in a
construction accident is your direct employer. This is due to the
worker’s compensation laws enacted in all fifty states. Worker’s
compensation laws only allow an injured worker to bring only a worker’s
compensation claim against his direct employer, not a lawsuit. We may
also assist you and represent you in your worker’s compensation claim,
but this is a separate claim outside of the court system. In New York
State, Labor Laws protect workers that are engaged in construction
activities. The legislature history of Labor Law 240 reveals a clear
statutory intent to provide maximum protection to these construction
workers. The current law is in place because any thing less than the
broad and compelling coverage is ineffective to provide and protect the
construction worker from dangerous and hazardous activities in the
construction field.
The Neil Kalra law offices in Forest Hills
Queens concentrate in personal injury cases. Our practice areas include car and
motor vehicle accidents, medical malpractice, nursing home negligence, abuse and
injuries, lead paint poisoning, slip and fall accidents, medical malpractice, construction accidents, HMO liability and other
areas.
Contact the Law Offices of Neil Kalra (in Forest Hills, Queens, New
York) immediately if you feel you have been hurt by the fault of
another. Call (718) 897-2211. Remember, if you don’t know your rights, then you have no
rights.
