New York City, New York (NewYorkInjuryNews.com) — Recently in the newspapers we have seen a number of articles regarding accidents at job sites. We’ve heard about crane collapses killing many and about the worker who was killed and others injured at a construction site when a floor collapsed. Not too long ago we read about the accident where two window washers – who were brothers – who fell 47 stories after their platform collapsed. One miraculously survived.
All too often people injured at work believe that the only benefit that they are entitled to is worker’s compensation. In New York, as in most states if you are injured on the job, you cannot sue your employer – you get whatever benefits the worker’s compensation law provides.
However, the inquiry should not end there.
Over the decades we have handled numerous “third-party claims”. A third party claim is a claim that an employee brings to recover money damages for injuries. Someone other than the employer is sued. If you are injured on a work site you can sue the entity or contractor – if it is not your employer – for the defect or condition that caused your injury. For example, a suit can be brought if another contractor does not provide protection around an open trench or building opening.
However, New York law also provides special protection against both an owner and general contractor for safety rule violations caused by another subcontractor. This is a special law designed to protect workers at construction sites. The owner and the general contractor can, of course, seek reimbursement from the responsible subcontractor. This law forces a general contractor and owner to take the necessary steps to insure that all workers are protected at a work site.
If you are injured because of faulty scaffolding or other height related risk, the law makes the general contractor and the owner absolutely liable – meaning that they have almost no defense to your claim.
And there is also a law that protects window washers and makes building owners in certain situations liable in the event of injury or death because a window washer falls or is otherwise injured or killed.
These laws and their relationships and the situations in which they can apply can get very tricky – you must make sure if you are injured at work to explore all your options with attorneys experienced in that field of the law.
Have you been injured on a job site accident and have questions? Feeling confused and in pain? Get answers to your legal questions by filling out the form below and out team of legal experts will address your concern in a news post. Our panel consists of:
Contributor – Nicholas Papain – New York Construction Accident Lawyer
Nicholas Papain – New York Personal Injury Lawyer specializing in construction site accidents and other general litigation matters
