NY Construction Accidents: Who’s Responsible?

NY construction accidents are more common than many realize, putting workers at serious risk. If you were injured on a construction site, you may be entitled to compensation for medical expenses and other losses. But who is responsible for your injuries?

Construction worker accidents in NY can involve multiple liable parties, including employers, contractors, and property owners. In addition, employers must follow OSHA (Occupational Safety and Health Administration) standards and local safety codes to protect workers.

Understanding your legal options is essential. Seeking legal counsel can help you determine liability and fight for the compensation you deserve.

NY Construction Accident Lawsuits

Workers injured in NY construction site accidents may be eligible for financial compensation. Workers’ compensation covers medical expenses and lost wages without proving fault.

Personal injury claims must be filed within three years of the accident.
If a worker dies from injuries, the family has two years to file a wrongful death claim.

If a contractor, property owner, or another party is responsible, the injured worker may file a lawsuit. Consulting an attorney can help determine the best legal course of action.

New York construction accidents often occur due to negligence. Safety laws, including New York’s Labor Law Section 241 and OSHA regulations, require contractors and property owners to follow strict safety protocols. Failing to comply with these regulations can lead to serious injuries and legal responsibility.

Potential Liable Parties in NYC Construction Accidents

Establishing liability in New York City construction accidents requires proving four key elements:

Duty of Care: The responsible party had a legal duty to maintain a safe work environment.
Breach of Duty: The party failed to meet safety obligations, violating laws or neglecting known hazards.
Causation: The breach directly led to the accident and injuries.
Damages: The injured worker suffered financial losses, medical expenses, or pain and suffering.

NY construction accidents can involve multiple responsible parties. Identifying who is at fault is essential for workers seeking compensation. Below are five common liable parties in these cases:

Property Owners
Must provide a safe construction site. They may be liable if hazards were ignored.
General Contractors
Oversee site operations and must enforce safety regulations. Non-compliance can lead to liability.
Subcontractors
Responsible for specific tasks. Negligence in their work can result in liability.
Architects & Engineers
May be liable if design flaws or structural errors contribute to an accident.
Equipment Manufacturers
Can be responsible for defective machinery or unsafe tools that cause injuries.

Construction Accidents in NY and Types of Liability

New York construction accidents can involve different types of liability, depending on the case details. Liability determines who is financially responsible for the damages. Understanding these rules helps victims seek justice for New York construction accidents:

Absolute Liability
Under Labor Law 240, also called the “Scaffold Law,” construction sites must protect workers from gravity-related hazards. If proper safety measures are lacking, the owner and general contractor are fully liable, even without negligence.
Vicarious Liability
In construction injury claims in New York, property owners and general contractors can be held liable for subcontractors' actions, even if they were not directly involved in the accident.
Comparative Liability
If a worker's actions contributed to the accident, comparative liability may reduce compensation. However, this does not apply under absolute liability laws.

NY Construction Accident Lawyers

Construction accidents in NY require legal expertise to secure fair compensation. An experienced lawyer investigates the incident, identifies negligence, and negotiates with insurers.

Without proper representation, workers risk inadequate settlements. If you suffered NY construction accidents, timely legal action is crucial to protect your rights.