Times of Need
Demolition Accidents
Lawyer Helping Injury Victims in Westchester County and Beyond
Demolition accidents in New York can result in catastrophic injuries or even death. Materials and tools used for demolition are often dangerous. These can include wrecking balls or explosives. Sometimes debris is sent in all directions harming those without proper protection or standing too close. When injuries are severe, workers may face permanent long-term disabilities. They may no longer be able to provide for themselves or their families. Their lives may be changed irrevocably. If you were injured or a loved one was killed in an accident, you should contact White Plains demolition accident lawyer Mark A. Siesel at The Law Office of Mark A. Siesel for a free consultation.
Demolition Accidents
Demolition accidents may involve a range of scenarios. Injuries may be sustained due to workers falling from scaffolding, falling from ladders, falling objects, explosions, traumatic brain injury resulting from lack of hard hats, defective jackhammers, toxic gases, chemical exposures, live wires resulting in electrocution, and lack of bracing protocols.
Unlike new builds, demolition work involves tearing down existing structures, which brings its own unique set of dangers. These sites are often filled with unpredictable risks, from collapsing walls to unstable debris, creating an environment where workers must be constantly alert. The heavy machinery used for demolition—such as wrecking balls, excavators, and bulldozers—can also pose significant dangers, particularly when operated in close proximity to workers.
Additionally, the use of explosives in certain types of demolition adds an extra layer of risk. Older buildings pose additional risks. They may contain hazardous materials such as asbestos and lead paint, which can be inhaled by workers when the demolition occurs. In cases where the presence of these materials is not known, extra precautions may not be taken, putting workers at risk of exposure and serious illnesses such as cancer. All of these factors make demolition sites especially dangerous and increase the likelihood of accidents.
The injuries that can occur on demolition sites are often severe, given the nature of the work. Workers may be injured by falling debris, being struck by heavy equipment, or caught in machinery. Broken bones, head trauma, and spinal injuries are unfortunately common in demolition accidents. There is also a risk of burns or respiratory injuries. In more extreme cases, demolition accidents can lead to fatalities. Whether it’s a collapsed structure or an equipment malfunction, the results can be catastrophic. As with all construction-related injuries, workers on demolition sites need proper training, safety measures, and equipment to minimize these risks and protect their well-being.
Generally, if you are injured in the course and scope of your employment, your recourse is workers’ compensation benefits. However, workers’ compensation benefits may not cover all your losses arising out of an accident and will not cover any pain and suffering or loss of enjoyment occasioned by your injuries. Only a portion of your wage losses will be covered, and all your medical expenses related to the injury should be covered—though many workers find their claims for medical expense compensation denied.
Demolition accidents can be especially costly and devastating due to the severity of the injuries involved and the complex nature of the work. Serious injuries can result in long-term medical treatment, rehabilitation, and sometimes permanent disability. These types of injuries not only affect the worker’s health but also their ability to return to work, leading to lost wages and financial strain.
New York has special rules for construction accidents, including demolition accidents that allow workers and lawful visitors to a site to sue for damages. An experienced attorney can assist you in figuring out what kinds of damages you may be owed.
Section 200
Labor Law section 200 codifies a negligence standard for owners and contractors. They are supposed to provide a reasonably safe work environment for both employees and visitors to the site. Sometimes a demolition accident is the result of dangerous or defective work conditions, but in other cases, it is the result of the way in which demolition is performed. A property owner can be held accountable with the assistance of a demolition accident attorney in White Plains if it either created the dangerous condition that caused a demolition accident, or if it knew or had reason to know about the dangerous condition that caused a demolition accident and yet failed to repair or issue warnings. If the method or materials of demolition caused injury and a contractor or owner was actually and particularly authorized to dictate the work performance, it may also be possible to hold the person or entity accountable under section 200.
Section 240
Section 240 is informally called the “Scaffold Law.” It protects construction workers involved in demolition from the dangers related to working at heights or being hit by falling objects at heights. Demolition accidents covered by this section may implicate the use of scaffolds, but may also involve hoists, cranes, ladders or forklifts. Property owners and contractors are supposed to give workers appropriate equipment to guard against falls. When equipment is not provided or doesn’t work, the property owner or contractor can be held absolutely liable. Unless the worker is 100% liable for a demolition accident involving heights, his damages will not be reduced with application of this law, even if he is partially to blame. To recover damages under Section 240 for injuries caused by a demolition accident, your White Plains demolition accident attorney will need to show: (1) you were injured while exposed to height-related dangers on the job, (2) the defendant is an owner or contractor covered by section 240, (3) there was a violation of section 240(1), and (4) the violation caused your injuries.
Section 241(6)
Under New York Labor Law section 241(6), areas where demolition is occurring should be conducted, operated, arranged, guarded, equipped, shored or constructed with an eye towards giving adequate reasonable safety and protection to those working there or who are lawful visitors to the site. The Commissioner makes detailed rules under Part 23 to effectuate the purpose of section 241(6). Owners and contractors are supposed to comply with these rules. Under section 23-3.2, for instance, before demolition is started, all the glass in the exterior openings of a structure to be demolished should be removed. An owner or contractor can be held accountable for a rule violation that causes injuries.
Retain a Lawyer in White Plains
Whether you are a construction worker or visitor who was injured in a demolition accident in the New York City area or the Hudson River Valley, you should discuss your case with seasoned attorney Mark A. Siesel. You may be able to file a lawsuit under Section 200, 240 or 241(6) for damages. We represent clients who need a demolition accident lawyer in the White Plains area or in Queens, the Bronx, and Brooklyn, as well as throughout Westchester, Putnam, Kings, Orange, Dutchess, Sullivan, Rockland, and Ulster Counties.
If you are looking for a demolition accident lawyer, The Law Office of Mark A. Siesel is different. From the moment you walk into our office, we make it clear that your needs and goals are our top priority. We take the time to listen to your concerns, understand your situation, and create a custom legal strategy that aligns with your best interests. Unlike larger firms, where clients often feel like just another case, we ensure every step of the process is tailored to your unique needs. Mark Siesel personally oversees every aspect of your case to ensure that your objectives are met. Each member of our law firm genuinely cares about you, your claim, and your life.
If you have been injured in a construction site accident or have lost a loved one to this type of workplace accident, contact us at (914) 428-7386 or complete our online form.