Articles Posted in Construction Accidents

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When someone is hurt on the job, there are several possible legal remedies. Depending upon the situation, a Syracuse construction accident claim may be a viable option.

A claim for workers’ compensation benefits is another possibility, as is a labor law claim in some instances.

Talking with an experienced personal injury attorney can help you get started on the process of holding the responsible party accountable for your medical expenses, lost earnings, and other compensable losses.

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Syracuse construction accident lawsuits can be challenging. They typically involve multiple parties and multiple theories of liability. It is important to have quality legal representation if you have been hurt on a job site due to the negligence of a property owner, general contractor, or subcontractor.

Facts of the Case

In a recent case appealed from the Supreme Court of Niagra County, New York, the plaintiff was a man who fell through a hole in a subfloor while performing framing work on a residential construction project. At the time of his injury, the plaintiff was working for a separate contractor, who was not a party to the lawsuit.

The plaintiff filed suit against the defendants, the owner of the property and a contractor who worked on the project, asserting a claim based on common law negligence and alleged violation of New York Labor Law §§ 200, 240(1), 241(6). The plaintiff filed a motion for summary judgment as to the defendants’ liability on some of his claims. The defendants filed cross motions for summary judgment.

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Sadly, many workplace injuries and deaths are the result of dangerous work conditions. If you have suffered an injury on-the-job, you may be eligible to obtain compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse construction accident attorneys will meticulously analyze the particulars of your injury and help you determine your next steps. You can trust that we are devoted to making sure you get the highest possible damages amount in your case.

Last week, a Brooklyn construction worker was struck by falling construction material at a work site. Law enforcement claim the construction worker was hit by the falling object as he was working. He was rushed to the hospital where he succumbed to his injuries. The city’s Department of Buildings is investigating the cause of the accident. Sadly, incidents like this are common. Data from the Occupational Safety and Health Administration (OSHA) reveals that falls are the leading cause of death in construction. In 2015, 364 out of 937 total deaths in construction were the result of falls, meaning nearly 40 percent of all construction deaths were due to falls.

Liability for New York Work Accidents 

Every employer and company involved in a construction project has an obligation to make sure the worksite is safe and that there are safety protocols in place to minimize the chance of injury or death to workers. If a falling object has injured you at work, your legal recourse depends on the specific circumstances of your case. While construction workers are generally entitled to workers’ compensation benefits in New York, these benefits only cover certain medical expenses, disability benefits and only cover a portion of an employee’s lost wages. In addition, workers’ compensation does not compensate an injured worker for pain and suffering.

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Construction accidents are not only physically painful, they can be scary in that they can create uncertainty about your personal and professional future. If you have been injured in a construction accident, you need legal counsel without delay. Our Syracuse construction accident lawyers are committed to helping hurt workers recover the compensation they need to move on with their life.

Construction Accidents Soaring

Construction related deaths have doubled and injuries have risen by 17 percent amid the building boom in New York. In fact, eight people died in construction accidents in the first seven months of 2018 compared to four over the same time period in 2017, according to the city Buildings Department. Through July of this year, approximately 469 people were injured in 457 on-the-job accidents.

Liability in Construction Accident Cases 

Under New York law, individuals who are injured on the job are covered by Workers’ Compensation. Fortunately, workers’ compensation is not the only option to those who are injured at the workplace. While New York law prevents construction workers from suing their employers, it does not preclude them from pursing damages from other third parties who were at-fault for the accident. A third party is someone other than the worker’s employer or co-worker and may include contractors, subcontractors, manufacturers and any other third parties who may have played a role in the accident.

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