Founding Attorney
Construction site injuries can be all too common and catastrophic if the proper level of care is not exercised. That is why the New York Labor Law is in place to protect construction site workers in the event that they are injured due to the negligence of another. Attorney Michael LoGiudice fights for construction workers who have been injured on the job. He has specialized knowledge regarding these types of worksites. He is also well versed in New York State Labor Law. His track record of successfully representing victims of construction site negligence speaks for itself.
Who can be held liable for my construction site injury under New York State Labor Laws?
Under New York Labor Law Section 200, owners and contractors, or those responsible for ensuring the safety of a construction worksite have the obligation to provide a safe workplace for employees. This law essentially codifies the long since established common law duty to ensure a safe workspace for employees. Violation of this duty is considered negligence for which the supervisor can be held responsible for the injuries and losses that result.
Labor Law Section 200, entitled “General duty to protect health and safety of employees; enforcement,” is legal protection for construction site employees. Under this statute, the construction site owner, landlord, or other party that is responsible for supervision and control can be held liable for worksite injuries if negligence is found to have been the direct cause of the injury. In order to hold the owner or contractor liable for damages, the following must be established:
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There was a dangerous condition on the worksite or something dangerous with the way the work was being performed;
This dangerous condition was the proximate cause of the accident;
The owner or contractor was aware, or should have been aware, of the dangerous condition; and
The owner or contractor was supervising or in control of the work being performed or the dangerous condition.
If all of the above can be proven, the owner or contractor is responsible for the resulting injuries caused by their negligence. However, they may still be able to assert a defense such as comparative or contributory negligence. This is essentially saying that your own negligence was the cause, or a significant contributing factor in the cause, of your injuries. The owner or contractor may also assert that the dangerous condition was an inherent risk of the work. For example, if the job you are tasked with is removing sharp pieces of metal, an employer may not be held liable for you cutting yourself on the sharp metal.
Fighting for Injured Construction Site Workers.
Construction sites are dangerous places. When supervisors do not exercise the requisite level of care, worksite employees can be hurt easily and severely. If you have been injured on the job at a construction site, contact Michael LoGiudice, LLP today.