Location of Construction Accident is a Factor to Worker’s Lawsuit

By Adam Hill, posted in Construction Accidents on Monday, December 24, 2018.

Construction workers injured on the job may not be limited to worker’s compensation benefits and can bring a lawsuit against the property owner and/or general contractor depending on the location of construction accidents.

Falls from ladders and scaffolds or being struck by falling objects are unfortunately common in construction accidents. Likewise, floor, wall, ceiling and trench collapses can cause series injuries. Section 240 of the Labor Law applies in many of these situations and it imposes strict liability on the general contractor and building owner if certain safety requirements were not met. However, the location of accident is the most important factor to worker’s lawsuit because if the property where the construction accident occurred is owned by the laborer’s employer, the worker would be barred from bringing a separate lawsuit against his or her employer under WC laws.

If your lawyer can establish that your accident and the negligence that caused it falls under this or another applicable section of this law, the case becomes a matter of valuing the damages to be paid.

Related Posts: Construcción Accidente de Andamio o Escalera, Objeto Caído, Construction Accidents invoke Workers Comp & Personal Injury Laws, Serious construction accidents far too common in New York

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