Labor Law Injury Attorneys In Long Island
Some workplaces can be dangerous, especially when you’re working in the construction industry. Individuals who work on construction sites are regularly placed in situations in which they can be easily injured if the proper safety precautions are not implemented. But no matter what type of work you do, your employer has an obligation to make your workplace as safe as possible. When they fail to do so, our Long Island construction accident attorneys can help you stand up for your rights and get the compensation you deserve.
At Parker Waichman LLP, we have decades of experience handling personal injury claims, and we can give you a free case evaluation to help you determine whether you should file a construction injury lawsuit. Every labor law attorney on Long Island at our firm has successfully represented clients injured in workplace accidents, and we can help you get compensation to help pay for medical bills and lost wages due to common construction injuries like falls from high places. Under New York state law, injured construction workers and other types of employees have legal rights, and our attorneys are well-versed in the intricacies of these statutes. Call 1-800-YOUR-LAWYER today for a free consultation with one of our construction injury lawyers.
Construction Accidents and Injuries
Many things can go wrong on a construction site. Examples of common construction injuries include:
- Falls from scaffolding
- Falls from roofs or ladders
- Injuries from falling debris
- Injuries involving heavy machinery or equipment such as cranes, forklifts or bulldozers
By its nature, working on a construction site carries risks. Workers often perform jobs at elevated heights and need to use high-powered equipment. Due to the dangers of construction work, the law requires sites to provide a baseline level of safety to protect workers. But defective equipment, inadequate training, lack of safety gear, failure to comply with safety laws, and overall negligence can lead to injuries or death.
An injured construction worker may file a lawsuit if they were hurt due to their employer’s negligence. The lawsuit must show that the employer did not meet the required standard of care to protect workers’ safety. A construction injury claim may involve strict liability, where the employer is shown to be automatically negligent for failing to comply with safety regulations.
Although workers’ compensation provides benefits for occupational injuries, it may not be enough to cover a construction injury, which can easily be severe or debilitating. Filing a personal injury lawsuit with the help of a skilled labor law attorney on Long Island can maximize the compensation for your construction accident. For more information about whether you qualify for a construction accident lawsuit, contact a Parker Waichman labor law attorney on Long Island today.
New York Labor Law 200: Common-Law Negligence
Construction workers on Long Island are protected by New York labor laws, which ensure a basic level of safety. Labor Law Sections 200, 240, and 241 provide specific protections for construction workers.
According to Section 200, “All places … shall be so constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health, and safety of all persons employed therein or lawfully frequenting such places. All machinery, equipment, and devices in such places shall be so placed, operated, guarded, and lighted as to provide reasonable and adequate protection to all such persons.”
Labor Law Section 200, which discusses common-law negligence, essentially states that owners and contractors must take a reasonable amount of care to protect construction employees from harm. An injured worker may sue if they were injured due to unsafe conditions at the job site.
What does labor law 200 cover for employees working on long island?
New York state labor law 200 is really like a codification of the negligence standard in New York state. It is the legislature that made the negligent standard into law and that’s what is covered by labor law 200.
This legislation will make the owner or the general contractor or other contractors other than your employer liable to you for your injuries. That is a big deal that has been provided to workers in new York State by the New York state legislature.
New York Labor Law 240: The Scaffold Law
New York Labor Law Section 240, commonly known as the Scaffold Law, was enacted to address scaffold falls and scaffold injuries. Section 240 concerns injuries occurring at high elevations when a building is being erected or repaired. This labor law is specific to work being done on an elevated platform. It also involves injuries due to falling debris.
New York Labor Law 241: Safety Requirements During Construction, Excavation, and Demolition
While Section 240 discusses work being done on an elevated platform, Section 241 provides more general protections for all types of injuries that can occur during construction, excavation or demolition.
New York Labor Law 241 outlines specific requirements and actions that must be taken to ensure safety. For example, employers must provide the appropriate protective gear to all of their employees. If they fail to do this and the worker is injured as a result, the employee has grounds to file a personal injury lawsuit.
Under Section 241, an employer is automatically negligent if their failure to comply with safety regulations causes injury. This is known as strict liability. When a lawsuit is filed based on strict liability, the plaintiff does not need to show fault outside of a specific action: The safety violation itself proves negligence. For example, a construction worker may file a personal injury claim because their employer failed to provide a hard hat and as a result, they were injured when they were hit in the head by a piece of equipment.
Construction Fatalities Rising in New York, NYCOSH Report Shows
New York City and the surrounding area are frequently being developed, repaired, and expanded, so construction work is a common occurrence. But recent statistics show that work is needed to improve construction safety. According to a January 2017 report released by the New York Committee for Occupational Safety and Health (NYCOSH), construction deaths are increasing statewide.
The report, titled, “Deadly Skyline: An Annual Report on Construction Fatalities in New York State,” found a higher proportion of construction deaths among Latino workers and at non-union construction sites. Furthermore, fatalities mostly occurred at sites with safety violations. NYCOSH noted that employers face only light penalties for safety failures, and the committee called for legislative change.
“We need to take action now to end the crisis of rising construction fatalities in New York state,” said Charlene Obernauer, executive director of NYCOSH, when the report was released. “These deaths are almost always preventable and occur on non-union job sites 80% of the time. Latino workers compose the majority of fall fatalities, 57% in 2015, and there is a strong correlation between employers who steal workers’ wages and who force workers to work under unsafe conditions.”
Statewide, a total of 464 construction employees died due to occupational accidents from 2006 through 2015, and NYCOSH said the rate of deaths is “trending upward.” Falls were the most common cause of deaths, accounting for 49 percent of fatalities in New York state and 59 percent of deaths in New York City.
About two-thirds of construction sites inspected by OSHA in 2014 had safety violations, the report found. Furthermore, these sites were more likely to have construction deaths. Among sites with fatalities that year, a whopping 87 percent had safety violations. This figure rose to 90 percent in 2015.
If you’ve been a victim of unsafe working conditions or another type of labor law violation, the attorneys at Parker Waichman can help you stand up for your legal rights and get compensation.
What Type of Lawyer Is Needed for a Hostile Work Environment Claim?
An experienced labor law attorney, like the ones at Parker Waichman, can help you seek justice when you’re being harassed or discriminated against at work. Laws that protect your rights include the New York Human Rights Law as well as federal statutes.
How Much Do Attorneys Bill per Hour?
An attorney’s hourly rate can vary widely depending on their experience and the type of cases they take on. Less experienced lawyers may only cost $100 to $200 per hour, while more experienced attorneys often charge between $300 and $600 per hour, or more. Since Parker Waichman’s attorneys work on a contingency-fee basis, you’ll pay none of these costs out of your pocket: We’ll only be compensated from a portion of your settlement or jury award.
Get Help With Your Long Island Labor Law Claim
If you or someone you know is interested in filing a personal injury lawsuit involving a construction accident or another type of workplace injury that occurred on Long Island, contact one of our Long Island accident attorneys today. Parker Waichman offers free, no-obligation case evaluations: Just fill out our online form or call 1-800-YOUR-LAWYER (1-800-968-7529) to discuss your case with a labor law attorney on Long Island and learn about your legal rights.
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