Many if not most construction jobs involve multiple contractors. From general contractors who oversee the site to those who are charged with steel work, electric, masonry, plumbing, and more. When a construction worker is injured on the job, it often means that more than one party is liable–not just their direct employer.
In this case, the injured worker may be able to file an injury claim against contractors, subcontractors, property owners, and others, which can quickly get complicated. A good construction accident attorney serving New York can help investigate whether third-party negligence occurred, and provide insight into whether you are eligible to bring a personal injury lawsuit in addition to your Workers’ Compensation claim.
Read on to learn more about how to handle this type of situation, or call Buttafuoco & Associates for a free consultation at 1-800-NOW-HURT.
Who is Responsible for my Construction Site Injuries?
After a construction site injury due to another’s negligence, many victims assume their first course of action is to sue their employer.
Unfortunately, in the state of New York, you cannot sue your employer, even if the accident was caused by their negligence. Your first stop is filing a Workers’ Compensation claim, but often this is not enough to cover the severe injuries and disability that often result from construction accidents.
Depending on the circumstances surrounding the accident, a variety of parties may be to blame. Any construction job has a lot of moving parts, connecting contractors, subcontractors, property owners, manufacturers and suppliers of equipment, site managers, equipment rental companies, and often other parties.
In a scenario where an accident occurs, several of these parties are often responsible. Untangling who is liable can be tough without legal knowledge, but there are several main reasons why multiple parties could be considered responsible.
In general, general contractors are responsible for maintaining safety across the work site. If they failed to require proper safety training, ignored known safety hazards present on the site, or failed to enforce safety rules, they could be considered liable.
A subcontractor may also be considered liable if one of their employees performed an unsafe action that led to your accident.
For example, if a different company’s employee left a tool on scaffolding and you fell after tripping on it, the subcontractor could be considered negligent. If your injuries occurred because a sub-contractor’s employee operated a vehicle recklessly, or built the scaffolding without respecting safety standards, they could again be held liable.
Finally, in the state of New York, site owners themselves share liability for poor safety conditions on site.
Beyond multiple contractors’ negligence, the injuries of a worker who falls from defective scaffolding may have been partly the fault of the scaffolding manufacturer.
However, it is also the responsibility of the site manager to ensure that equipment is safe to use, and the employer’s job to ensure that employees are properly trained to work on scaffolding safely,
The good news in multi-contractor construction injury cases, however, is that this scenario opens up many avenues for workers to recover the compensation they need to heal physically, emotionally, and and financially. A good lawyer will consider:
- Who was responsible for the worksite?
- Who oversaw a specific task?
- Was equipment properly maintained?
- Were workers (including the injured party) observing safety standards?
- Was training provided?
Once these questions are answered, who is liable and to what degree can be determined.
Relevant New York Laws in Multi-Contractor Construction Accidents
New York labor laws are known for being incredibly supportive of injured workers.
One of the most well-known laws is Section 240, known as the Scaffold Law. This law is essentially in place to ensure that even when a victim cannot sue their employer under Workers’ Compensation laws, property owners and general contractors can still be held accountable for your injuries.
Under this law, scaffolding and other equipment used when workers are working at heights must be properly erected and in good working condition. What’s more, under Labor Law 240, victims do not need to prove negligence.
For example, if you fell from a roof while employed by a subcontractor who did not provide proper safety equipment, both the property owner and the general contractor can still be held responsible.
Section 241 of New York labor law is also frequently cited in construction injury cases. Under this law, contractors and property owners must provide a safe working environment that is free of specific code violations. If an attorney believes a violation of section 241 has occurred, they will look into violations in:
- Fall protection
- Trench safety
- Failures to meet lighting safety codes/provide sufficient light
- Equipment, tools, or machinery that do not meet legal safety compliance standards
While in many negligence cases, victims must prove that the defendant knew or should have known about the unsafe conditions, if a code violation occurs, no proof that the contractor or subcontractor or property owner was aware of the issue is required. This law is particularly adept at covering injured construction workers.
Section 200 of New York labor law, while more general, also states that property owners and contractors are responsible for providing a reasonably safe workplace, and can be held responsible when any type of construction accident occurs.
The difference between Labor Law 200 and the others is that negligence must be proven, which means the property owner and/or contractor created a hazardous condition, were aware of creating such a condition or supervised it, and it resulted in a worker’s injuries. Every construction employer has a duty to warn their employees about dangerous conditions on site, and if they fail to do so, they are in violation of New York law. Defective equipment and premises dangers are both included under Section 200.
What to do After a Construction Accident Involving Multiple Contractors
If you are the victim of a construction site accident and feel that it was caused by one or more contractors, regardless of whether you can prove negligence, working with an attorney may be in your best interest.
These cases can be tricky, but an attorney can help you recover compensation for medical bills, pain and suffering, lost time from work. They will also contribute nuanced legal knowledge that will help you maximize your recovery.
In serious cases like these, working with a construction injury attorney serving New York can make the difference between making a full physical, mental, and financial recovery and enduring pain and chronic illness and financial issues for years to come.
Get in touch with Buttafuoco & Associates today for a free consultation at 1-800-NOW-HURT.