Construction Accidents – New York State Industrial Code

Whether you are working on a construction site or are a lawful visitor, there are many laws behind the scenes, designed to keep you safe. These include the Industrial Code of New York State, which requires specific parties responsible for work sites to take reasonable measures to keep you safe.

When you are injured on a construction site, whether it’s because of a ladder accident, fall, unsafe wiring, machinery accident, or for any other reason, you may be able to file a legal claim to get compensation for your injuries. Understanding the Industrial Code of New York State and other relevant laws is the first step, but you don’t have to do this alone. If you are injured in a construction site accident, as either a visitor to the site or as someone working on the site, contact The Law Office of Mark A. Siesel for a free consultation. Our team has more than 39 years of experience and we are proud to serve clients in Westchester County, New York, the Upper Hudson Valley, and surrounding areas.

What Is the Industrial Code of New York State?

Under the Industrial Code of New York State, and the applicable provisions of New York State’s Labor Law, construction workers, as well as “persons lawfully frequenting such places”, who are on sites where construction, demolition or excavation is being performed, must be provided with “reasonable and adequate safety” by owners, general contractors, contractors, and their agents. More specifically, owners have a “non-delegable duty” (meaning that owners and contractors cannot escape liability if they are not on site) to provide reasonable safety protection to construction workers or others lawfully on any site where construction, alteration, repair, erection, demolition, maintenance, or painting is being performed.

How Could the Industrial Code of New York State Affect My Claim?

If you are a worker injured in a construction site accident, such as a slip and fall, electrocution, cave-in, or other accident, you will generally be covered by workers’ compensation. This form of no-fault insurance is paid for by your employer and can provide important benefits quickly in case you’re injured on the job or suffer an occupational illness.

The challenge is that while workers’ compensation can provide you with benefits without requiring you to file a lawsuit or prove fault, it will not cover all your expenses. In New York, workers’ compensation covers only two thirds of your average weekly wage while you cannot work, and the state sets a cap on the maximum amount you can receive. Workers’ compensation will cover all required medical care, but will not provide compensation for pain and suffering, loss of quality of life, incidental costs, and other expenses. If you are not a worker on the site, but were visiting, you may not be covered by workers’ compensation at all.

In these cases, filing a legal claim can be your best option. You can file a legal claim as a worker, instead of or in addition to a workers’ compensation claim. You can also file a claim if you were visiting the construction site and were injured. Under New York’s Industrial Code, you may have a claim if the construction site owners, general contractors, construction managers, contractors, or their agents violated the code.

In order for liability to be established under one of New York’s Industrial Code provisions, it must be specifically proven that the worker or other person lawfully on the construction site was injured due to a violation of that particular Industrial Code section. There is an exception to the law for owners of one- or two-family dwellings who do not direct or control construction. They are not covered by, and are not responsible to, workers or other persons lawfully on the construction site under the Industrial Code and New York State Labor Law. And unlike New York’s Labor Law provisions regarding proper protection to workers who are working on scaffolds and ladders, (under which the law makes owners, contractors, and their agents “absolutely liable” if they violate the statute), in Industrial Code violation cases, the comparative fault of the worker or person lawfully on site IS considered in determining who is responsible for the accident.

The Industrial Code requires owners, general contractors, construction managers, contractors, and their agents to provide reasonable and adequate safety with regard to the following areas of construction: confined spaces; overhead hazards; hazardous openings; elevated hazards; safety railings; to prevent slip and falls on floors, passageways, walkways, scaffolds, platforms, or other elevated working surfaces. The law also requires the provision of equipment such as safety belts, harnesses, tail lines, and lifelines in certain areas of elevated construction at specific heights.

Why Contact a Construction Accident Attorney?

Due to the intricacies of the Industrial Code and the New York State Labor Law, it is absolutely vital that you retain lawyers that have the requisite experience, background, knowledge and dedication to successfully represent you in your construction accident case from the claim stage through resolution of the case by trial, settlement or other resolution, including arbitration or mediation.

An experienced attorney can explain the New York Industrial Code to you in plain English and can detail how the code could impact your potential claim. Your lawyer will also consider workers’ compensation and explain whether you have a claim in addition to your workers’ compensation case. In construction site accident claims, workers sometimes have a third-party claim against the manufacturer of an unsafe product or against another liable party. Your attorney can explain whether you have this kind of claim as well.

Most of all, your attorney will aggressively pursue all possible sources of compensation for you, investigating your injuries and accident in depth to build a strong case. The goal is to get you fair compensation so you don’t have to pay for your injuries out of pocket, using your life savings. Your lawyer also removes the burden from you by taking care of filing a claim, negotiation, and even taking your case before the courts. With an experienced attorney, you don’t have to research the Industrial Code on your own. You have someone taking care of your claim on your behalf, so you can focus on your health.

If you have been injured in any kind of construction site accident, whether you were visiting the site or were a worker on the site, contact an experienced attorney right away. The sooner you act, the more evidence your attorney may be able to secure.

Who should you contact? At The Law Office of Mark A. Siesel, our team has experience successfully representing the victims of construction accidents in the federal and state courts of New York since 1986. We are conveniently located, with offices in White Plains and Peekskill, New York. Immediately upon retention by the client injured in any construction accident, we conduct a prompt and thorough investigation, as there is essential evidence that must be secured without delay, including items such as the ladder, scaffold, harness, or other safety equipment. If the accident involves a slip or trip and fall over construction debris or into a hazardous opening, we retain the necessary professionals to obtain statements from witnesses to the accident and hazardous conditions, and to secure photographs of the accident scene and equipment involved.

If the insurance carriers for the defendant owners and contractors are unwilling to negotiate a settlement of the case in good faith, we will not hesitate to commence suit without delay, as it is our unwavering policy to assure that our clients’ cases are handled as expeditiously and diligently as possible. We are always available by telephone, fax, or email, and all client inquiries are responded to within 24 hours without exception.

At The Law Office of Mark A. Siesel, it is our policy to fight the insurance companies and their defense counsel from the minute our client walks into our office to the date that the case is resolved, to ensure the maximum possible compensation for our clients’ pain and suffering, past and future lost earnings and loss of earnings potential, hospital and medical expenses, and loss of enjoyment of life. Call us at (914) 428-7386 or email mark@injurylawny.com for a free consultation to discuss your case in detail.