Brooklyn Construction Site Fall Lawyer
Helping Construction Site Fall Victims in Brooklyn, NY
Construction sites are notoriously dangerous places, with workers constantly exposed to risks of accidents and injuries. One of the most common accidents that occur on construction sites is falls. Falls can lead to serious and even life-threatening injuries. If you have been injured in a construction site fall, you may be entitled to compensation.
At Dansker & Aspromonte Associates LLP, we have extensive experience handling construction site fall cases. Our Brooklyn construction site fall lawyers understand the complexities involved in these cases and work tirelessly to ensure our clients receive the compensation they deserve.
Common Causes of Construction Site Falls
A construction site fall refers to an incident in which a worker or any individual at a construction site accidentally descends from one level to another, typically to a lower level, in an uncontrolled or unintended manner. Construction site falls can result in serious injuries or even fatalities, making them a significant concern in the construction industry. These falls can occur for various reasons, and it is crucial to identify and address these causes to improve safety on construction sites.
Here are some common causes of construction site falls:
- Lack of Fall Protection: Failure to provide or use adequate fall protection equipment is a major cause of falls. This includes items like guardrails, safety nets, personal fall arrest systems (harnesses, lanyards), and covers for holes or openings.
- Unsafe Scaffolding: Falls can occur when scaffolding is not properly assembled, secured, or maintained. This includes missing planks, unstable structures, and inadequate access points.
- Unprotected Edges: Construction workers may accidentally step off unprotected edges, such as roofs, balconies, or scaffolds. The absence of guardrails or safety barriers can contribute to these types of falls.
- Slippery Surfaces: Wet, icy, or uneven surfaces can lead to slips, trips, and falls. These conditions can result from weather, spills, or inadequate housekeeping.
- Ladder Incidents: Falls from ladders can happen when they are not used correctly or are placed on unstable ground. Workers may also overreach while on a ladder, causing a loss of balance.
- Roofing and Elevated Work: Roofing work often involves working at heights, and a lack of fall protection or proper training can lead to falls from roofs or other elevated structures.
- Holes and Floor Openings: Uncovered holes or floor openings pose a significant hazard. Without proper barriers or covers, individuals may inadvertently fall through these openings.
- Inadequate Training: Workers who have not received adequate safety training may be unaware of proper procedures and precautions to prevent falls.
- Improper Use of Equipment: Misuse or improper use of equipment, such as not securing lanyards or not following manufacturer guidelines, can lead to falls.
- Failure to Use Personal Protective Equipment (PPE): Workers may not wear appropriate PPE, such as helmets or harnesses, putting them at risk in case of a fall.
- Poorly Maintained Equipment: Equipment, such as ladders and scaffolds, must be regularly inspected and maintained to ensure their safety. Neglected equipment can become unstable or faulty.
- Inadequate Supervision: Lack of proper supervision and oversight can lead to unsafe practices and a higher risk of falls.
- Fatigue or Distraction: Fatigue and distraction can impair a worker's judgment and coordination, increasing the likelihood of a fall.
Preventing construction site falls requires a combination of safety measures, including thorough training, proper equipment usage, regular inspections, and a strong safety culture.
Who is Liable for a Construction Site Fall in New York?
In New York, liability for a construction site fall can be determined based on various factors, including the specific circumstances of the incident, the parties involved, and the applicable laws and regulations. The state has specific laws and legal principles that can impact liability for construction site accidents. One of the key laws that often comes into play in New York construction accident cases is the New York Labor Law, particularly Sections 200, 240, and 241(6).
Here's an overview of how liability may be assigned in New York:
- Property Owner: Under Section 200 of the New York Labor Law, property owners and their agents may be held liable if they had control over the construction site and knew or should have known about unsafe conditions but failed to take corrective action.
- General Contractor: In New York, general contractors have a duty to provide a safe workplace. If a construction worker is injured in a fall due to unsafe conditions and the general contractor was in charge of safety on the site, they may be held liable.
- Subcontractors: Subcontractors can also be held liable if their actions or negligence contributed to the fall. Like general contractors, they have a duty to adhere to safety regulations and provide a safe working environment.
- New York Labor Law Section 240 (Scaffold Law): This law places strict liability on property owners and contractors for falls from heights involving certain types of scaffolding or other similar equipment. If the fall is covered by this law, the property owner and general contractor can be held liable regardless of fault.
- New York Labor Law Section 241(6): This law imposes liability on property owners and contractors for violations of specific safety regulations set forth in the Industrial Code of the State of New York. If a violation of these regulations contributed to the fall, liability may be assigned.
- Employers: Workers' compensation generally covers injuries suffered by employees on the job, but in some cases, an injured employee may have a separate claim against their employer if the employer's conduct was especially egregious or outside the scope of regular employment.
- Manufacturers and Suppliers: If a fall is caused by defective equipment or products, the manufacturers or suppliers of that equipment may be held liable under product liability laws.
- Third Parties: Other parties not directly involved in the construction project but who contributed to the unsafe conditions may also be held liable under certain circumstances.
Determining liability in a construction site fall case in New York can be complex, and it may require a thorough investigation and legal expertise. That is where our firm can help.
Why Choose Us?
Our team of dedicated attorneys will work tirelessly to investigate your case, gather evidence, and build a strong case on your behalf. We will work with experts in the fields of construction and occupational safety to help prove your case and ensure that you receive the maximum compensation possible.
We understand the physical, emotional, and financial toll that a construction site fall can take on you and your family. That's why our firm offers compassionate and personalized legal services that are tailored to meet your individual needs. We will keep you informed throughout the legal process and answer any questions you may have along the way.
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