Construction Site Accidents

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Construction Site Accidents and Injuries
Law Articles | April 9, 2008
Get legal advice immediately if you or a loved one have a construction site accident. Because these accidents involve complex issues and an assortment of possible defendants, there must be a thorough investigation of the construction site, interviews of co-workers and witnesses, and, possibly, taking of photographs. This must be done fast, fast, fast - sometimes even while the injured worker is still in the hospital.

A. Overview

Construction projects can be dangerous places to work. Tools and materials get tossed around. Large, heavy objects are moved from place to place. Great forces are unleashed; chemicals are used. Torches and flame and pressure may be applied. Injuries
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Whether you're a mason or carpenter, electrician or laborer, iron worker or painter, you can not sue your employer if you're injured. The injured worker can only receive Worker's Compensation, which is guaranteed, but tends to pay a small amount of money for lost wages and other benefits and is usually limited in the amount of time that it will pay the hurt claimant. The only way around New York's Worker's Compensation law is to sue a person or company that is not the injured person's employer - not a simple matter. This requires figuring out who did what, where, at the job…show more content…
This usually is found where a worker ignores safety instructions or fails to utilize available safety equipment, when he or she should have known better.

A Labor Law section 240 claim was dismissed where the injured worker was provided with proper safety equipment and told how to use it safely, but was injured because he disregarded his supervisor's instructions and misused the equipment. (Mayancela v. Almat Realty Development, LLC).

The effect of the defenses of "sole proximate cause" and "recalcitrant worker" is to chip away at the protections provided by law to New York workers.

C. Conclusion

If you're hurt in an accident, consult a personal injury or accident attorney experienced in construction site and work-related injuries. Because of the complex issues and assortment of possible defendants, there must be a thorough investigation of the construction site, interviews of co-workers and witnesses, and, possibly, taking of photographs. This must be done fast, fast, fast - sometimes even while the injured worker is still in the

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