Construction Accidents

New York Court Discusses Liability for Falls on Construction Sites

Published on: November 4, 2022 | By Jeff DeFrancisco

Accidents frequently occur at construction sites, and in many instances, they cause significant harm. While ordinarily, people seeking damages for personal injuries must prove another party’s negligence caused their harm, New York has laws that allow for the imposition of strict liability for certain harm encountered on construction sites. Specifically, the scaffold law requires contractors and site owners to provide certain protections to workers, and if they neglect to employ the required safety measures, they may be deemed responsible for any harm that arises. Recently, a New York court discussed the scaffold law, in a matter in which it granted summary judgment in favor of an injured contractor. If you sustained losses due to an accident caused by another party’s carelessness, it is smart to talk to a Syracuse personal injury lawyer about your potential claims.

The Plaintiff’s Harm

It is alleged that the plaintiff, who was a plumber mechanic, was working on the property owner’s construction site. The property owner’s related company acted as the construction manager for the project, the construction of townhouses, and hired subcontractors to install concrete and plumbing at the project, and the plumbing subcontractor, in turn, subcontracted their work to the plaintiff’s employer.

Reportedly, the plaintiff was performing a walkthrough of the project to determine what needed to be done. He stepped on a metallic plate between two townhouses to move from one house to another. The plate moved, causing the plaintiff to fall ten feet. He suffered injuries in the fall and subsequently filed a personal injury lawsuit against the property owner, contractor, and subcontractors. All parties subsequently moved for summary judgment in their favor. Continue Reading ›

New York Appellate Court Affirms Summary Judgment to Construction Worker on Labor Law Claim

Published on: September 26, 2019 | By Jeff DeFrancisco

Construction workers face many dangers in the workplace, including the possibility of a fall if working on an elevated surface without the proper safety equipment. If a worker is hurt in such a situation, he or she should talk to an experienced Syracuse construction accident attorney about the process of holding the responsible party accountable for the worker’s injuries.

Such cases can be complicated, as there are several different laws that may come into play, and there may be multiple defendants (the employer, the building owner, the general contractor, etc.) who could potentially be liable.

Facts of the Case

In a recent case, the plaintiff was a man who was reportedly hurt when he fell from the scaffold of a building while performing plumbing work. He was not wearing a lanyard or harness at the time of the fall. The plaintiff filed suit against the owner of the building, asserting a common-law negligence claim, as well as violations of New York Labor Law §§ 200 and 240(1). The defendant then filed a third-party action against the plaintiff’s employer, seeking indemnification under a subcontract.

New York Worker’s Labor Law Claim for Injuries Suffered While Replacing Light Strands Failed Because the Work Was Maintenance, Not Repair

Published on: June 11, 2019 | By Jeff DeFrancisco

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.

New York Appellate Court Reinstates Labor Law Claim in Construction Accident Lawsuit

Published on: February 13, 2019 | By Jeff DeFrancisco

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.

Brooklyn Construction Worker Killed at Work Site

Published on: December 17, 2018 | By Jeff DeFrancisco

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.

Construction Related Accidents on the Rise in New York

Published on: September 11, 2018 | By Jeff DeFrancisco

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.