Even if Your Accident Isn’t a ‘Typical’ Construction Accident, that Doesn’t Mean You Can’t Win Compensation in New York

When you think of a “construction injury” you may very reasonably picture a man or a woman in a hardhat engaged in work, perhaps involving heavy machinery, on site of a large building project. The reality is, however, that there’s a lot more to construction than just that, which is why the New York statutes that protect construction workers in the event of harmful injuries cover more situations that just the stereotypical ones. If you have been hurt on the job, and your job involved anything from building construction to building repairs to building rehab/renovation, you may be able to recover valuable compensation in court. Be certain you have a knowledgeable New York City construction injury attorney on your side to help you get what the law allows.

Here’s a recent example from the New York courts: J.L. worked as a general laborer for a company that specialized in performing water and fire restoration and cleaning services. In the aftermath of Hurricane Sandy, J.L.’s employer had lots of jobs. J.L.’s job one day was located at a building in Brooklyn owned by S.A. His duties included collecting debris from the building’s basement, placing it in trash bags and hauling those filled bags to the roadside. To do those tasks, J.L. had to travel frequently back and forth from the rear of the building to the basement entrance. That path included an exterior staircase.

On one of those trips, the laborer fell and was injured. J.L. filed a lawsuit, alleging that his substantial injuries were the result his having stepped in an uncovered drain hole located at the bottom of the stairway.

Now, that may or may not have sounded like a “construction injury” to you at first glance, but New York law says that it potentially could be compensable under Section 241(6). That law says that covered activities only include work related to building construction, demolition or excavation. However, the law interprets those headings broadly when it comes to Section 241(6). “Demolition” work, for example, can be anything that is “incidental to, or associated with, the total or partial dismantling or razing of a building or other structure including the removing or dismantling of machinery or other equipment.” This can possibly cover many things, such as the partial tear-down of the interior of a building damaged by water, as J.L. was doing when injured.

Another thing that is vitally important, if you’re seeking compensation under the Section 241(6) statute, is a proper state safety regulation that the defendant allegedly violated and which violation led to your injury accident. J.L. cited to a regulation that prohibits “tripping hazards in passageways and working areas.” The appeals court in J.L.’s case explained that New York courts had already made rulings declaring that this statute was sufficiently specific to be a valid basis for a Section 241(6) lawsuit. So, in other words, J.L. had presented the court with a potentially covered activity and a potentially viable regulation. That was what he needed to go forward with his case.

Certainly, when it comes to your construction injury, it is important to have a strong understanding of the facts that led to that injury. However, to get the best possible outcome, your case also needs someone with a detailed knowledge of the law in New York. To get the reliable advice and representation you need, talk to the diligent New York City construction injury attorneys at Arcia & Associates. Our team has many years of experience helping injured workers seek the recovery they deserve.

Contact us at (718) 651-4363 to find out how we can help you.

More Blog Posts:

Un Carpintero de Nueva York Gana Caso de Accidente de Construcción Debido a Materiales Desechados, Blog de Abogado en la Ciudad de Nueva York, 12 de Febrero de 2019

What New York State Safety Regulations Can I Use as the Basis for Pursuing a Construction Injury Lawsuit?, Blog de Abogado en la Ciudad de Nueva York, 1 de Octubre de 2018

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