When you are injured at a construction job, you may be entitled to compensation through the New York court system. One way you can succeed and obtain an award of damages is if you can demonstrate that the safety conditions at your job site fell below the level required by New York’s state regulations. If you prove that and show that this safety failure caused your injuries, you have shown that the general contractor and site owner violated the New York Labor Law and are liable to you for the harm you suffered. An experienced New York construction accident attorney can help you pursue your case effectively.
The case of William, a worker on a building renovation job in Manhattan, serves as an example of this type of lawsuit. William was wearing a harness as a protective safety measure. While safety harnesses provide protection in a number of situations, William’s device indirectly was part of the problem for him when the harness touched an electrical wire. The injury-causing electrical accident happened because an exposed live wire within a BX cable (which is a collection of plastic-coated electrical wires surrounded by a metal covering) was hanging down from a drop ceiling and touched a metal part of the worker’s harness. The electrical accident caused substantial injuries to William.
New York has a set of statewide regulations that are known as the Industrial Code. Within that code are regulations that relate to workplace safety at construction jobs. One of those regulations requires the performance of an inspection to look for any live wires with which workers could come into contact. If there are any, warnings must be posted to protect workers. Another part of that regulation says that workers cannot be allowed to work near live wires unless they are provided with proper safety protections that will protect them against electrical shock and injury.
In William’s case, he had proof that there were no warnings posted regarding the BX cable hanging from the drop ceiling. Additionally, he had not received any safety gear to protect him against electrical shock and injury. Based on that evidence, the trial judge ruled that he was entitled to a judgment “as a matter of law” regarding the contractor and site owner’s fault in his accident.
The general contractor and site owner tried to argue that these safety measures were the responsibility of William’s employer, but that argument failed. New York is very clear in this area. If you, as a worker, are injured due to a failure to follow the safety regulations of the Industrial Code, you may sue and recover compensation from the general contractor and site owner because the law says that they have the legal obligation to ensure worker safety and are not allowed to delegate that duty to anyone else.
Construction sites can be dangerous places to work. If you have been injured while you were working at a construction job, consult the skilled New York City construction injury attorneys at Arcia & Associates. Our team has spent many years working hard to help injured workers get the compensation that the law says they are entitled to receive.
Contact us at (718) 651-4363 to find out how we can help you.