Construction Accidents – Safe Place to Work Statute

Construction site jobs are among the most dangerous workplaces, and accidents on work sites regularly lead to serious and even fatal injury. In fact, according to the U.S. Bureau of Labor Statistics (BLS), one in five workplace deaths took place in the construction industry.

Most states, including New York, have laws meant to protect both construction workers and lawful visitors to work sites. If you have been injured on a construction site or have lost a loved one in a construction site accident, you may have a personal injury claim, workers’ compensation claim, or both. Find out for certain and get an evaluation as to how much your claim could be worth by contacting The Law Office of Mark A. Siesel for a free consultation. We have more than 38 years of experience helping injured workers and individuals in Westchester County, White Plains, the Hudson Valley, and surrounding areas, secure financial recovery for their injuries.

What Is the Safe Place to Work Statute?

Section 200 of the New York State Labor Law requires that employers, owners and contractors on construction sites must provide and maintain a “safe place to work” for their employees and persons lawfully on those sites.

A safe place to work includes the proper safety equipment, such as scaffolding, harnesses, braces, helmets, lanyards, lifelines and other equipment. Additionally, employers, contractors, construction managers and property owners must provide the necessary lighting, install handrails on stairways at the proper height, cover holes, and maintain stairways, walkways and floors in a reasonable safe condition. However, owners, general contractors and employers are not “guarantors” of safety. The standard is “reasonableness.” In order for an owner, employer or general contractor to be held liable under the safe place to work statute, the owner or contractor must have control of the site.

The statute under the Labor Law also provides that owners, contractors and employers construct, equip, arrange, operate and conduct the site so as to give reasonable and adequate protection to persons employed therein and persons “lawfully frequenting such places.” This latter section applies to essentially anyone who is on a site on which construction is being performed. Further, owners and contractors must use reasonable care to provide that the ways of getting to and from the site are reasonably safe. They must also conduct inspections to determine if there are unsafe conditions.

Owners, general contractors and employers are responsible for their failure to fix unsafe conditions which they knew or “should have known” about. As to the latter section (“knew or should have known), the law mandates that owners, contractors and employers can’t claim they were unaware of dangerous conditions if a reasonable inspection of the property would have found that, for example, the walkway had a large hole; the stairways’ handrails were loose or at the wrong height, or the lighting on the site was insufficient.

Do I Have a Claim?

If owners, contractors or employers fail to provide a safe place to work, they will be held liable (responsible) for any injuries suffered by a worker or employee which are caused by that failure to provide a safe place to work. If the worker or person lawfully on the site can prove that their injuries were “proximately caused” by the failure of the owner, contractor or employer to provide a safe place to work, (proximate cause means that the unsafe condition was a substantial factor in causing the person’s injuries), then the worker or person lawfully on the site is entitled to recover for all personal injuries, lost earnings and medical/hospital expenses resulting from the accident.

Many claims that arise from violations of the Safe Place to Work Statute generally fall into one of two categories:

• Incidental circumstances. This is sometimes referred to as “dangerous conditions” and it refers to situations where the work itself isn’t made dangerous, but rather the owner, employer, or other liable party allowed a situation that could have been dangerous. For example, if a worksite includes an open pit, employers and other responsible parties must alert visitors and workers of the site of this danger if there is a chance someone could walk by or into the pit.
• Dangerous work. Sometimes this is known as dangerous “means and methods” and it refers to situations where manual laborers are instructed to use dangerous processes in work. For example, if employees or contractors are told to use ladders in situations where scaffolding is the safer option or the standard in the industry, the employees or contractors can be held liable if they had control over the methods of work and chose the more dangerous alternative.

In some cases, both categories apply. For example, a worker may be asked to walk around live wires on a site where such wires should not be allowed on the site.

If you’ve been injured on a construction site and aren’t sure how Section 200 of the New York State Labor Law could affect your claim, speak with an experienced construction site accident attorney. An attorney can explain whether you have a workers’ compensation claim, a personal injury claim, or both, and can work with you to negotiate with liable parties and their insurance companies. Your attorney can take your case to court, if that’s the most appropriate course of action. The goal is always to protect your right to compensation.

Why Talk to a Construction Accident Lawyer?

If you or a loved one are injured as a result of an unsafe work site, it is vital that you retain lawyers who are fully familiar with the intricacies of the Labor Law in New York State, and who have the necessary background, knowledge and experience to successfully represent you in your construction accident case from inception through conclusion of the matter, by trial, settlement or alternative dispute resolution, including arbitration or mediation.

These cases can be complex, and an experienced lawyer can help you seek fair compensation. For example, at The Law Office of Mark A. Siesel, we worked with a client who was a laborer on a major home renovation project. The floor in the home wasn’t shored properly and our client fell through, suffering serious injury. Our team worked diligently on his case and we were able to settle his case for over $1.35 million.

In another case, our client was hit by a piece of metal that was thrown by another laborer on the construction site. The metal was thrown from a height and caused serious injuries to our client’s hand, affecting his ability to work and care for himself. The hand healed, but it was a painful injury and our team was able to settle for about $750,000.

In these cases, investigations are crucial. The team at The Law Office of Mark A. Siesel has trusted engineers, medical experts, orthopedic surgeons, and other professionals we can turn to in order to properly evaluate a case and find evidence of negligence. We work with these professionals to determine whether property owners, contractors, or employers created an unsafe work environment or whether they knew or should have known about the dangers on a site.

Why Work With Us?

At The Law Office of Mark A. Siesel, we have been fighting the insurance companies and their defense counsel for over 38 years in the state and federal courts in New York to assure 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.

Our team understands that being in a construction accident can cause significant worry about your future. If you work on site, any physical injury can impact your ability to work and to earn an income. It’s why we fight so hard to get you compensation for your medical bills, lost wages, and more. It’s also why we’re responsive—when you get in touch, we reply within 24 business hours.

Call us at (914) 428-7386 or email our office at mark@injurylawny.com for a free consultation to discuss your case in detail.