A news report from WABC is a stark reminder of the severe dangers these construction workers face. The WABC report covered a fatal excavator accident in North Jersey. The worker was inside his excavator when the machine reached a point too close to the nearby river and flipped over. When it did, it trapped the man in about six feet of water for more than one hour. The water was estimated to be about 40 degrees Fahrenheit (4 degrees Celsius) at the time.
At the time of the WABC report, the investigation was ongoing, and investigators had yet to rule out windy conditions as a possible factor in the fatal accident. This accident happened in New Jersey but, certainly, many New York City construction workers who operate excavators might potentially face similar risks in working job sites located near rivers or other bodies of water.
How New York’s safety regulations may play a role in your case
If you are injured in an accident like this in New York, you may have some strong tools on your side when it comes time to go to court and seek compensation. One of these is Section 241(6) of the Labor Law. That law says that if the proper safety protocols mandated by New York’s regulations were not followed and that you suffered harm as a result of that failure to comply with the regulations, then you can pursue a claim for damages under this law.
Specifically, New York has an entire “Subpart” within its code of regulations dealing solely with excavation operations. The subpart contains four regulations (12 NYCRR Sections 23-4.1 through 4.4) and a violation of one or more of these regulations possibly can be the basis of a viable Section 241(6) lawsuit and award of compensation.
Other regulations dictate rules for such things as proper training and the required protective equipment necessary for a safe workplace. Failure to meet the standards of these regulations may also form the foundation of an action under this law.
Have you been hurt while working with heavy equipment or machinery in New York? If you have, turn to the knowledgeable New York City construction accident attorneys at Arcia & Associates. Our team of skilled professionals has spent many years helping area construction workers who were hurt on the job, including serving the immigrant and Hispanic communities.
Contact us at 718-424-2222 today at no charge to find out more about how we can help you.
]]>Regarding the “should I sue” question, the answer is very possibly “yes.” New York has strong laws designed to protect construction workers (and workers doing additional jobs that are construction-related) from injuries caused by insufficient worker safeguards. Regarding the entities whom you should sue, it varies. New York law imposes strong obligations on site owners and general contractors when it comes to making sure workers are safe. However, they aren’t the only ones who may owe you compensation. If you can prove that another entity was an “agent” of either the site owner or the general contractor, then they may be, along with the owner and/or general contractor, liable for your damages.
E.L.’s case is a good illustration of how to go about proving that an entity is an “agent” of an owner or general contractor. E.L. was working as an articulating lift operator in Manhattan when the lift sped up, then skidded and crashed into a curb, which cause the worker “to be ‘ricocheted’” inside the lift basket like a pinball in an arcade game.
One of the entities that E.L. sued was T.C.C. That company was neither the owner of the job site (which actually belonged to the Port Authority) nor the designated general contractor on the job. That meant that, if E.L. was to win a judgment and compensation against that company, he had to prove that the company was an agent of the owner or the job’s general contractor.
Performing the right pre-trial steps to generate the evidence you need
Doing that requires engaging in the right steps during what civil trial law calls “pre-trial discovery.” During this process, you can ask the other side to answer written questions, disclose certain documents or make a representative available for a deposition (among other things.) In E.L.’s case, he obtained several documents, including the contracts that T.C.C. had before starting the job.
Those documents said that T.C.C. was to serve as the construction manager and agreed “to coordinate the work” at the site and also to assume “a broad responsibility for ‘overall job site safety,’ including the implementation of the Port Authority’s Safety Health and Environmental Program, as well as measures to ensure worker safety.”
That list of responsibilities was enough to demonstrate that the construction manager “controlled” the activity of workers like E.L., which is enough under New York law to show that it was an agent. As an agent, it had the same legal obligations as owners and general contractors when it came to protecting workers from elevation-related risks of harm.
After that, the rest of his case seamlessly fell into place. As the trial court found (and the Appellate Division upheld,) “the articulating lift was a safety device and … its failure to protect him from the elevation-related risk that he faced was the proximate cause of his injury.” That was all the worker needed to be entitled to a judgment in his favor.
When you are hurt at your construction job, pursuing a lawsuit in court may be necessary. When it comes to succeeding in your construction injury lawsuit, that journey consists of countless essential steps, many of which occur before your trial ever starts. For the thorough and effective legal advocacy you need, talk to the knowledgeable New York City construction injury attorneys at Arcia & Associates. Our attorneys have been helping workers injured in construction accidents to get the compensation they deserve for many years, and are ready to get to work for you.
Contact us at 718-424-2222 today.
]]>C.P. was a worker who found himself in that kind of procedural situation. He worked on a demolition project where his duties involved removing windows. One of those windows tipped and struck C.P. in the face. What made C.P.’s case less than typical was that he was working on a project at the state prison in Attica. The owner of his job site was the State of New York, but the general contractor on the project was a private firm.
New York law says that, if you have a claim for damages against the state government like C.P. had, you must sue the state in a special court called the Court of Claims. That’s very noteworthy because the Court of Claims has its own rules about many procedural things. Those rules, for example, say that you only have 90 days to file your lawsuit against the state and also to serve notice of that lawsuit on the state Attorney General.
Obviously, that’s not a lot of time. What this should tell you is just how important it is to reach to the right attorney right away so that they can promptly get to work on your case. C.P.’s Court of Claims lawsuit, for example, was filed on day 92, two days too late.
However, even if you miss that 90-day deadline, it is possible that you may still have options. The Appellate Division court concluded that C.P. was allowed to continue pursuing his case, in part, because he gave the court sufficient evidence to demonstrate that his claims had merit. C.P.’s lawsuit said that his “injuries were the direct consequence of a failure to provide adequate protection against a risk arising from a physically significant elevation differential,” and his evidence appeared to back his assertion that the window fell on him. Based on that proof, he was entitled to go forward.
Your case may require two separate lawsuits in two separate courts
Of course, if you have a situation like C.P., your Court of Claims lawsuit isn’t the only step involved in getting a complete recovery. You still have your lawsuit against the private entities involved. In C.P.’s case, that meant a Supreme Court lawsuit against the general contractor on the Attica project.
What should you take from all of those legal technicalities? Know that any construction injury case requires prompt attention but, if you are injured while working at a job site owned by the state, your case may need especially speedy action in order for you to get the full recovery you deserve. Whether you are suing the state in the Court of Claims, suing private entities in regular civil court or doing both, your case needs legal representation that is skilled and experienced at handling all of these things. Rely on the knowledgeable New York City construction injury attorneys at Arcia & Associates for that kind of effective legal advice and advocacy. Our attorneys have spent many years helping a wide array of workers involved in many kinds of construction activities to get the compensation they deserve.
Contact us at 718-424-2222 today.
]]>For example, look at the case of S.E. S.E. worked for a “telecommunications company in the business of installing low voltage wiring for businesses.” One day, S.E.’s employer instructed him to install cable in an office space in Manhattan. S.E.’s job consisted of pulling cabling through a drop ceiling in the office space.
While doing that job, S.E. hit his head on a steel beam and suffered significant injuries, so he sued. His lawsuit included a claim under a statute known as Labor Law Section 241(6). (That law says that, if your job site is in violation of New York’s safety regulations and that violation causes your injury, then you are entitled to seek compensation.)
This worker’s lawsuit asserted that his injury was the result of a violation of New York’s safety codes; namely, the regulation that says that “sufficient for safe working conditions shall be provided wherever persons are required to work or pass in construction, demolition and excavation operations.” S.E.’s lawsuit alleged that the worker hit his head because the space into which he inserted himself was completely dark.
There seems to have been no dispute that the area where the accident occurred was, in fact, dark. The defense’s case against S.E. argued that this didn’t matter. Labor Law Section 241(6) only covers a limited number of construction-related activities and, according to the defense, the job S.E. was performing wasn’t one of those “covered activities.”
Making a ‘significant physical change’ to the building is the key
Fortunately for S.E., his legal counsel recognized that the work he was doing potentially was a “covered activity.” The law covers jobs related to “construction, excavation or demolition.” New York courts have, in the past, ruled that jobs like S.E.’s can be covered tasks if they “involved making a significant physical change to the configuration or composition of the building or structure, not a simple, routine activity.” In this worker’s circumstance, he was running cables through the ceiling, and “’running cables’ is considered to be a ‘significant physical change’ … and not ‘routine’ maintenance,” which meant that he was allowed to continue pursuing his claim seeking damages.
The main thing to take away from this case is that, if you are hurt at your construction or construction-related job, don’t let someone who isn’t a legal professional tell you that you can’t sue because the work you were doing isn’t covered by the laws that protect injured workers. Be sure you are getting knowledgeable legal advice and aggressive advocacy that you can trust. Contact the experienced New York City construction injury attorneys at Arcia & Associates, where we have spent many years helping a wide array of workers involved in many kinds of construction activities to get the compensation they deserve.
Contact us at 718-424-2222 today.
]]>According to the Times report, 10 of the 12 New York construction workers who died on the job last year were Latino. 50% or more of all construction workers on non-unions jobs are Latino, while roughly 30% of workers on union jobs are Latino, according to the Economic Policy Institute. Some employers are very safety conscious. Others, however, are more concerned with cost savings and meeting deadlines than following all of New York’s safety rules and regulations. That latter group often counts on undocumented Latinos’ fears to keep them silent. These workers may recognize that their sites are not safe, but be afraid to speak out for fear of being reported.
For example, last summer, S.H., an immigrant from Ecuador, was working in the Bronx. One day, he told his wife he was going to find a new job. A week later, before he could make that job change, he died. The building in which he was working collapsed, trapping him under several hundred pounds of rubble.
According to the Times, some workers believed that S.H.’s job site was not safe, but they feared speaking out. That is very understandable. Complaining about the safety conditions at your construction job site might get you fired, thereby cutting off what is possibly your family’s sole source of income. Some workers, though, might fear a worse fate: being reported to immigration authorities and possibly being deported away from their families and away from the place they’ve called home for decades. (S.H., for example, came to the U.S. in 2001 and had lived in New York ever since.)
One thing that is very important for all workers to understand is that you have certain rights in New York. If you were hurt at your construction job as a result of a fall or being struck by a falling object, you are entitled to pursue a lawsuit and seek compensation under New York’s statutes. (This one is Labor Law Section 240(1).) If you were hurt in an accident that was the result of someone violating one or more of New York’s construction site safety laws and regulations, then you are entitled to sue under New York law as well. (This one is Labor Law Section 241(6).)
If you prove the things that these laws require you to prove, then you are entitled to go forward and obtain compensation, regardless of whether you were documented or undocumented. Many undocumented workers may not know this, but it is true, and it is important to keep in mind. You may fear that your only choice is to continue risking your life and struggle in silence, but it is not.
To get the advice you need and to put a potent advocate in your corner, reach out to the knowledgeable New York City construction injury attorneys at Arcia & Associates. Our team has many years helping all kinds of workers, including immigrants (both documented and undocumented,) to use the legal system and get what the law says is fair. Put the power of New York’s largest Hispanic and largest minority law firm on your side.
Contact us at 718-424-2222 today.
]]>It also worth noting that, just because you pursue one option and your case is unsuccessful, that doesn’t mean that all options are closed to you. Look at this case involving a New York City worker. S.S. was a construction worker who was working in Queens County when he was injured. S.S.’s injury was allegedly the result of something called an “elevation-related” risk, meaning that it involved either him falling or something falling on him.
S.S. filed a claim for workers’ compensation. S.S. also filed a civil lawsuit seeking damages under Sections 240(1) and 241(6) of the Labor Law, which are two laws that permit construction workers hurt on the job to recover compensation in civil court.
]]>The workplace accident case of E.M. was an example of one of those type of cases. E.M.’s injuries were the result of a scaffolding accident. The worker was taking down a bridge scaffolding sheet that was attached to underlying support cables. The sheet tipped and, when it did, it caused E.M. to fall some 25-30 feet, where he landed on a steel beam. E.M. had a lanyard but it was detached at the time of the fall.
E.M. sued both his employer and the property owner of site where he was hurt. The Appellate Division recently issued a ruling that said that E.M. was entitled to go forward with his Section 240(1) case against the employer and the property owner. Section 240(1) of the New York Labor Law, sometimes called the “Scaffold Law,” says that workers can recover compensation if they are hurt as a result of improper safety protections and harm that resulted from an “elevation-related” risk of injury.
]]>A lawsuit filed by a construction worker at JFK Airport was an illustration of many of these options. C.M. was a construction worker who was hurt in August 2014. According to the worker, he and a co-worker were carrying a wooden floor panel that weighed roughly 150 pounds when C.M. stepped on a piece of plywood that covered a hole in the sidewalk. The plywood gave way and C.M.’s knee slammed into the ground.
The worker sued for his injuries. In his lawsuit, he asserted that he was entitled to receive compensation based upon violations of three different statutes. Asserting as many different valid arguments as possible can be a wise approach to your case. The more plausible arguments you provide as bases for compensation, the more chances you may have for a successful outcome. Even if the court rules against you on one or two of your claims, your remaining claim or claims may be sufficient to get you the damages award you need.
]]>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.)
]]>If you’re hurt in an accident that involved a safety regulation violation and something falling (either an object falling on you or you falling), then you may have the opportunity to assert both of these laws as bases for an award of damages. Generally, in most any type of civil lawsuit, the more bases for compensation you can assert, the better your chances of success. In order to make sure you have the strongest case possible to give you every opportunity to obtain all the compensation the law allows, contact a skilled New York City construction injury about your case.
An example of a worker who was able to pursue multiple claims based upon the statutes was the case of a man named J.P. J.P. was a worker doing roofing work in the Rochester area when he suffered his accident. The roof on which J.P. was working was a pitched roof, which meant that it sloped downward on each side. In order to aid and protect the workers, “toe boards” were placed on the roof. These toe boards were two inches by six inches and nailed directly into the roof. The toe boards were already nailed into the roof when J.P. began his work. J.P.’s accident occurred when his toe boards detached from the roof, which led to his falling off the roof and all the way to the ground, resulting in serious injuries.
]]>