Artículos publicados en Accidents Involving Construction Debris

In any civil lawsuit case, including construction injury cases, there are several components involved. There is the factual side, but there is also the procedural side. Having a strong case in all of these areas is important in order to achieve a successful result. Working with a knowledgeable New York construction accident attorney can help you ensure that your case is as strong as it can be in all areas.

One case in which these procedural rules played an important role in helping an injured worker was the lawsuit filed by Michael, a New York City construction worker. Michael was injured while working on the renovation of a women’s clothing store. Allegedly, his injury was a result of his tripping over a pile of debris left at the site by the general contractor. The pile contained a variety of things, including sheetrock, pipes, pieces of wire, coffee cups, soda cans, and pizza boxes.

Based on these events and the injuries he suffered, Michael decided to sue. Eventually, the trial court dismissed the case completely, eliminating the rest of the claim in the worker’s case.

New York’s laws designed to protect construction workers from inadequate safety conditions at work potentially offer very helpful options to those hurt on the job. In order to be able to benefit from these laws and their protections, though, you have to actually be working on a construction site when your injury takes place. Fortunately, several courts in New York have given a broad meaning to what qualifies as a construction site. A “construction site” can include not just the main location of construction but also off-site facilities where construction-related work takes place several miles away. Thus, if you’ve been hurt doing tasks related to your construction job, even if you were hurt off-site, you should reach out to an experienced New York construction accident attorney to discuss your case.

As an example of how broad the range of locations that can qualify is, there’s the case of Robert, an ironworker working on a job erecting a new building. The main site, where the new building was going up, was in Manhattan. The job, however, also involved cutting rebar, which was done at a different location several miles away in the Bronx. One day, while cutting rebar at the Bronx facility, Robert tripped over some debris, fell, and suffered injuries.

Robert sued. The contractor and the property owner asked the judge to throw out Robert’s case. Their argument was that, since the accident happened at the Bronx location, which they described as an “off-site temporary project facility,” that meant that Robert’s work cutting rebar didn’t qualify as construction work done at a construction site. Their argument was that they could only have been liable if Robert had gotten hurt at the Manhattan site.

It is quite possible that you remember every detail, both large and small, about the moments leading up to your workplace injury at your construction job. However, it is also possible that your construction injury accident may be something that you don’t remember at all. That can possibly present a problem in your legal case, but it does not have to be an insurmountable issue. Even if you don’t remember, and even if there were only a very few witnesses to the accident, that does not necessarily spell doom for your construction injury lawsuit. Potentially, having as few as one witness can be enough; in fact, it may even be helpful to your case. The key thing, of course, is doing your “homework” before trial to identify that witness (or witnesses) who can give the court the proof that is required. To get the help you need to accomplish this and other necessary tasks in your case, be sure you have a skilled New York City construction injury attorney on your side.

To see an example of this concept in action, one needs to look no further than Brooklyn, and the recent case filed by W.W., who was working as a union lather in 2014 when he was hurt one morning at his job. The challenge the latter faced was that he had no memory of the accident itself. One moment he was working, the next moment he was knocked out.

If you are pursuing a construction injury lawsuit under New York Labor Law statutes (Sections 240(1) and 241(6)), then the law requires you to have “personal knowledge of exactly how” the accident happened. Without that, the people and entities that you’ve sued may be able to get your case dismissed. As a result, having no memory of your accident can possibly be a very stressful thing.

Usted puede recibir una compensación por un accidente de construcción bajo la Sección 241(6) del Código del Trabajo debido a violaciones de las leyes de seguridad del Estado de Nueva York.   Para defender sus derechos, consulte a un abogado con experiencia en accidentes de construcción.

Por ejemplo, el carpintero M. L. se lesionó la rodilla cuando se cayó en un hoyo mientras trabajaba en el baño de un hotel en Manhattan.  De acuerdo a la Sección 12 NYCRR 23-1.7(e)(2), los pisos, las plataformas y otras áreas similares de construcción, “deben estar libres de sucio y de materiales desechados.”  En el caso de M.L. su lugar de trabajo estaba sucio con tuberías y otros materiales desechados en el piso.  La sentencia de apelación le dio a M.L. el derecho de recibir una compensación.

Usted puede recibir una compensación si i usted sufrió lesiones en un accidente de construcción debido a violaciones de las leyes de seguridad de Nueva York.  Actúe de una vez.  Consulte con la firma de Nueva York Arcia & Associates con experiencia en accidentes de construcción.  Nuestro equipo lleva muchos años practicando la ley a favor de trabajadores lesionados en accidentes de construcción.  Usted decide.

When you are injured while working at a construction site, it is very possible that there were multiple different entities working on that site. There may have been multiple different subcontractors in addition to a general contractor. One of the keys to achieving a successful result in your case, then, is to be sure that you have identified and named in your lawsuit an entity or entities from which the law says you can recover compensation. This process of selecting the parties you’ll sue may seem like an obvious matter but it can be an intricate choice, and making a mistake can potentially jeopardize your ability to get the compensation you need. To make sure that you have the advice and counsel you need at every step of the process, be sure you have legal representation from a skilled New York City construction injury attorney.

D.W. was an employee of a subcontractor on a project who was responsible for setting a scaffold when he was injured. As D.W. set up the scaffold, a tire rim fell from a roof several stories above him and struck him on the head. A different subcontractor had placed the rim on the roof to hold up a safety warning barrier that warned workers they were near the roof’s edge.

In D.W.’s case, he sued the roofing subcontractor. The roofing subcontractor argued to the court that it could not be liable for D.W.’s injuries because the man was employed by a different subcontractor and the roofing subcontractor held no authority over the area where D.W. was injured and had no authority over D.W.’s work. Nevertheless, D.W. was still allowed to go ahead with his lawsuit. The essential fact was not where D.W. was injured (which was on the ground). The essential fact was what brought about the injury, which was the roofing subcontractor’s placement of the rim on the roof (which was an area under the control of the roofing subcontractor) “in furtherance of” the roofing subcontractor’s work activities. The facts in D.W.’s case were undisputed that the roofing subcontractor owned the rim and that each subcontractor was responsible for making sure that it secured its work equipment and materials.

When you’re injured at a construction job, there may be various ways for you to seek damages, depending on the facts of your case. One option that may exist for you is a lawsuit asserting that you have a claim for damages under Labor Law Section 241(6). A claim under that law potentially arises when a violation of the state’s safety regulations has taken place. If you have been hurt because of debris left on the floor, equipment improperly stored, or some other safety problem, the law may allow you to recover compensation for the injuries you suffered. To pursue your rights, contact an experienced New York City construction injury attorney about your case.An example of this type of safety problem (and its leading to an accident) was the case of M.L. M.L. was a carpenter who was framing a bathroom on the 12th floor of a Manhattan hotel. While working, the carpenter stepped back off the ladder he was using and, in the process, landed in a hole in the floor, becoming wedged. The carpenter managed to avoid falling but became twisted, injuring his knee in the process.

M.L.’s lawsuit for compensation for his knee injury relied upon this statute (Section 241(6)) and the safety issues at his work area. One particular New York regulation, Section 12 NYCRR 23-1.7(e)(2), says that floors, platforms, and similar areas where work takes place must “be kept free of dirt and debris.” In the carpenter’s case, he noticed that the room in which he was working “was a little bit of a mess.” Specifically, he alleged that there was sheetrock, pipes, and other debris on the floor. What the carpenter didn’t remember, however, was whether or not the debris actually covered the hole (as opposed to being merely near the hole).

So did the carpenter’s inability to provide evidence that the debris covered the hole that caused his injury mean that he was unable to win his injury case and recover compensation? The courts clearly said the answer was, “No.” The law allows the jury in your case to make certain inferences based upon the proof that you provided to them if that proof is sufficiently extensive. In M.L.’s case, the appeals court ruled that, when the carpenter’s extensive deposition testimony was taken as a whole piece of evidence, it was adequate to allow for the inference that the debris either covered the hole or else was so close to the hole that it prevented M.L. from seeing the hole. Either way, the debris, as alleged, created a “hazardous condition,” which meant that the carpenter was entitled to go forward with his case against the building owner.

When you are injured at your construction job, you may be concerned that you may not be permitted to use the legal system to seek compensation. Perhaps the job you were doing when you got hurt was not an actual construction task. Even if that is true, it is possible that the law will allow you to seek and obtain compensation, as some recent case rulings have shown. If you’ve been hurt at your construction job, regardless of the exact circumstances, reach out to a knowledgeable New York construction accident attorney who can help you assess your options.

One example of a worker who sued recently and succeeded was Miguel, an employee of a tree company. Miguel was hurt in 2012 in a workplace accident. During Hurricane Sandy, a tree had fallen onto some wires situated over a railroad line. Miguel’s job required him to use a power saw to cut the tree into pieces. While Miguel was cutting the tree trunk, the tension on the wires suddenly released, and that release threw the tree into the air. The tree broke in two and fell back to the ground, with one piece crashing into Miguel’s leg.

Miguel sued for his injuries. His lawsuit alleged that the railroad had violated Section 241(6) of the New York Labor Law. That statute provides that construction site owners and general contractors have a legal obligation “to provide reasonable and adequate protection and safety” to all workers working in areas in which “construction, excavation or demolition work is being performed.”

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