Construction Site Cases
Working at construction sites is dangerous and hazardous. Despite significant attempts to improve safety at work sites, there is still a great degree of hazard and danger.
The law recognizes that construction is inherently dangerous and that construction workers requires extra legal protection. Over 100 years ago, the state of New York enacted the controversial Labor Law, specifically sections 240 and 241. It is controversial because under Labor Law 240, the owner of the premises (if more than a three-family multiple dwelling or commercial premises) is strictly liable for personal injuries sustained when a worker is working at an elevated job site such as a ladder or scaffold. It is controversial and numerous groups on behalf of real estate owners and developers are constantly lobbying the legislature to amend the law.
Helping You Understand Your Rights
Strict liability means that the defendant and its insurance company are liable for your injuries if your construction accident qualified under this statute.
The leading case which defines under what circumstances the owner of the premises can held strictly liable for personal injuries is Ross v. Curtis Palmer which explained how the injury must flow from a gravity related accident. Since Ross, a slew of cases from the New York Court of Appeals have defined and attempted to explain which workers are protected and which types of accident qualify under this statute.
If you are injured you should immediately consult an attorney to discuss whether your case qualified under the Labor.
These are some the questions which I am often asked:
- What should I do if I am injured at a construction site? First, make sure it is reported to the boss, foreman, shop steward or someone in authority. Request a copy of the incident report. Find out all witnesses to the accident and if any photographs were taken.
- Should I fill out any documents that my employer gives me? It is strongly recommended that you consult an accident attorney or personal injury attorney before filing out any forms.
Call Today To Learn How I Can Help
For more specific case information see “Recent Developments in the Law” and contact me, David Ascher, at 212-964-1515. Working with an experienced personal injury lawyer can make a big difference in the outcome of your case.