If you’re hurt in an accident while working a construction job, you may have options available to you to obtain compensation for your harm. New York law has statutes that generally permit injured workers to sue the property owners and the general contractors involved in the project where the accident occurred. There are certain exceptions to these legal rules that exist and can get in the way of your recovering compensation, such as the exception granted to owners of one- and two-family dwellings. The key, if you’ve been hurt, is knowing how to structure your case so that it does not get ensnared by legal exceptions. A skilled New York City construction injury attorney can help you to get your day in court and make your case.
As an example of a lawsuit involving the homeowner’s exception, consider the facts of this case. A.T. owned a house in Westchester County, but the 89-year-old woman lived permanently in a nursing home. The homeowner’s children hired M.D. in the summer of 2011 to paint the inside of the vacant house. A.T.’s son told the painter to use a ladder and to access the home through a window. In the process of attempting to enter the window, M.D.’s ladder slipped from beneath him and he fell, suffering substantial injuries. The homeowner died four months after the painter’s accident.
If you’re hurt in an accident like this, there are many things you’ll need to consider. First, does the work you were doing qualify? If you’re a painter like M.D., the answer generally is yes. The New York laws that generally protect construction workers and allow them to recover compensation apply to painters, among others. This means that painters can often bring a lawsuit under these statutes, which include Section 240(1) of the Labor Law (which covers you if you fall or if something falls on you) and Section 241(6) of the Labor Law (which covers you if you are hurt because someone failed to comply with New York State’s safety regulations.)