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Slip and Fall Claims Involving Construction Sites in New York: What Workers and Visitors Should Know

By Michael LoGiudice
Founding Attorney

While vital to New York’s infrastructure, construction work can endanger its workers and visitors – more than most professional careers out there. In fact, one out of every five fatal workplace injuries occurs in the construction industry, and in one recent year, construction accounted for nearly half of all fatal falls, slips, and trips across all industries.

If you’re a construction worker or visitor and experienced a slip and fall accident on a construction site, you may have legal grounds to recover compensation for your injuries. An experienced New York slip and fall attorney can guide you through the process. 

What Makes Construction Site Slip and Fall Cases Different from Other Premises Liability Claims?

While standard slip and fall and premises liability cases involve spilled liquids or uneven flooring in public spaces, construction site accidents often mean exposed wires and heavy debris. New York law deals specifically with construction-related premises liability cases.

In personal injury cases against third parties (those other than your employer, if you were injured at work), you need to identify the at-fault party to claim compensation for your workplace injuries. To do this, you will need to unravel a complex web of any of the following potentially responsible parties:

  • Property owners
  • General contractors
  • Subcontractors
  • Equipment manufacturers
  • Architects or engineers

Any combination of these parties could bear responsibility for your injuries, depending on their role in the situation.

How Do New York Labor Laws Protect Construction Workers After Slip and Fall Accidents?

New York has specific labor laws that provide substantial protections for construction workers:

  • Under Labor Law 200, owners and contractors must position, operate, and guard all equipment, machinery, and devices securely, while also providing protection for visitors through adequate lighting and guardrails.
  • Labor Law 240 requires scaffolding more than 20 feet from the ground to have bolted safety rails that span the entire length, fasten to prevent swaying, and a load of four times the maximum weight of the people and objects placed on it.
  • Labor Law 241 requires employers to provide proper safety equipment and protocols to prevent falls from heights.

If you sustain an injury due to a violation of one of these laws (or any other applicable labor rules), you must report the accident within 30 days and file a workers’ comp claim within two years. If a third party caused your injury, you have three years to file a personal injury lawsuit to recover compensation. 

Why Construction Site Accident Victims Need Skilled Legal Representation

Under New York Labor Laws, construction site slip and fall accident victims can file for both workers’ compensation and a personal injury lawsuit if applicable – property owners and general contractors must provide a safe working environment with necessary safety equipment.

An experienced slip and fall attorney in New York understands the interplay of New York’s general personal injury law and its labor statute; if you suffered your injury in the course of your work, they can wield both to build you your strongest case to claim maximum compensation for your injuries. 

In all cases related to an injury on a construction site, a seasoned attorney can identify all potentially liable parties, gather and preserve critical evidence, handle all communications with insurance companies, and protect you from tactics designed to minimize your compensation. 

Secure Capable Legal Assistance with Slip and Fall Claims at Michael LoGiudice, LLP

Construction site injuries can turn catastrophic for both workers and visitors – no matter who you are, you can trust attorney Michael LoGiudice, LLP, to advocate for you. Michael has a proven track record of success in construction accident cases, including a recent $6,500,000 settlement for a roofer who fell over 20 feet. He will use his thorough knowledge of construction safety and OSHA laws to guide you through these legal challenges and prioritize your interests.

Don’t let valuable time pass: contact our slip and fall legal team at Michael LoGiudice, LLP today.

About the Author
Michael LoGiudice handles all personal injury and medical malpractice claims. He is a graduate of Brooklyn Law School (1997) and has many verdicts and settlements totaling in the tens of millions of dollars.
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