Working a construction job in New York carries real and serious risks. The Occupational Safety and Health Administration (OSHA) identifies four hazards responsible for the majority of construction worker deaths in the United States. State law places clear responsibility on the parties who control job sites. If you or a loved one suffered a construction injury, you may qualify for compensation.
Falls
Falls from scaffolds, ladders and elevated platforms kill more construction workers than any other single hazard. Property owners and general contractors face strict liability for height-related falls under New York law. The burden of fall prevention falls on them, not the worker. This protection does have limits. It does not apply if the worker was solely at fault, and it does not cover owners of one- or two-family homes who do not control the work.
Caught-between accidents
A caught-between accident occurs when two objects or pieces of equipment trap or crush a worker. These incidents commonly result from inadequate supervision and poor safety planning. Your family may file a civil lawsuit if the accident resulted from a violation of a specific safety directive in the New York Industrial Code. A general safety failure alone is not enough to bring a claim under this law.
Electrocution
Exposed wiring and defective electrical equipment all create deadly risks for workers. Property owners and site supervisors carry a legal duty to identify and correct these hazards before work begins. Electrical injuries can prove fatal within seconds, which is why New York law demands strict safety compliance from every party in control of the worksite.
Struck-by accidents
Loose tools and flying debris can strike workers with deadly force. Property owners, general contractors and separate subcontractors carry a legal responsibility to secure all materials and equipment on a job site. Your family may file a civil lawsuit against any of these parties, but not against the worker’s direct employer.
Filing a claim after a construction accident
New York law allows injured workers and their families to file a civil lawsuit directly against the negligent party. This is known as a third-party claim, and it is separate from any other benefits a worker may receive. Your family may seek compensation for:
- Medical bills
- Lost income
- Pain and suffering
- Wrongful death damages
In some cases, more than one party shares liability. Identifying all of them can help determine the full value of your family’s claim.
Understanding your rights after a construction accident
Construction accidents in New York are rarely unavoidable. In most cases, a property owner or contractor made a decision that put a worker in danger. In such cases, injured workers may be entitled to compensation and other damages caused by the accident. This compensation can help ease financial burdens and support their recovery.