Goldstein & Goldstein, Esqs., personal injury and accident attorneys in the Hudson Valley region of New York State (based in Poughkeepsie, NY) represent individuals who are hurt on the job at construction sites.
Construction is a very large, busy, and potentially dangerous industry, which is at high risk for job site accidents. These risks include, but are not limited to: scaffolding collapses, ladder accidents, falls of all kinds, motor vehicle accidents, forklift injuries, electrocution, machinery accidents, injuries sustained from fallen objects, crane accidents, and numerous other on-site risks. In most construction accident cases, the law holds the owner (not the worker) responsible — regardless of whose fault the accident may be — because of the inherent hazards of the work place. For example, an employee who misplaced a ladder or piece of scaffolding, and fell as a result, may still be able to collect compensation.
New York State law permits employees to sue contractors, architects, manufacturers, property owners, subcontractors and other people who are owners or who are in positions of responsibility/authority for injuries or wrongful deaths that occur on job sites.
Workers’ Compensation does benefit injured employees, but in many cases, does not sufficiently compensate them for their injuries and losses. Therefore, an employee must look to other alternatives to seek the compensation rightly deserved.
Paul Goldstein & Lindsey Goldstein, personal injury and accident attorneys based in Poughkeepsie, NY help people from all over the Hudson Valley region and beyond who have been injured on the job. We can help make sure that you receive reimbursement of medical fees, pain and suffering, and future wage loss, as well as workers’ compensation benefits.
- If I am hurt on the job, can I sue my employer?
- Are there any exceptions?
- How do I know if I have a case?
If I am hurt on the job, can I sue my employer?
The general rule is that if you are hurt on the job, even if your employer or co-employee was responsible, you can collect Workers’ Compensation, but you cannot sue your employer or co-employee for negligence.
- If you are injured as a result of a fall from a height.
- If you are injured by a dangerous or defective piece of machinery or product.
- If you are injured as the result of a non-employee’s negligence.
(i) Fall From a Height
New York State Labor Law requires that an owner or contractor provide certain safety devices, such as scaffolding, harnesses, and proper ladders for workers at a job site who are working at an elevated height. If the owner and/or contractor fails to do so, and the worker is injured, the owner and/or contractor is automatically liable for any injuries and pain and suffering. In this case, a lawsuit can be brought against the owner and/or contractor of the construction site. This is not limited to new construction, but could include general repairs and improvements, such as roofing, replacing windows, etc.
(ii) Dangerous or Defective piece of Machinery or Product
Often times an employee is injured when a piece of machinery breaks, collapses, explodes, or does not have the proper guarding or safety devices on it. In these cases, the manufacturer of the machine or the company that is responsible for the maintenance of the machine or equipment may be liable.
(iii) Negligence of a Non-Employee
Many times the negligence of a non-employee may cause an injury. Construction sites tend to be very busy, active workplaces, with several suppliers, service providers, and subcontractors often working together in tight quarters. In such an environment, if materials or equipment are not stowed properly after use, or not handled safely on the construction site, it is easy to see how a non-employee’s actions can create a dangerous condition that can cause serious injury.
How do I know if I have a case?
The first thing you should do is call a qualified attorney who has extensive experience in handling construction accident cases. That attorney can usually tell you whether or not you have a potential case merely by discussing it with you during a brief telephone conversation, free of charge. If you wish to discuss your potential case with us, please contact us at 1-845-345-8542 or e-mail us at:firstname.lastname@example.org.
Poughkeepsie Personal Injury Lawyer Disclaimer: The New York serious injury, injury, fatal injury, or other personal injury legal information contained on this website is anecdotal and informational. It is not intended to be relied on as legal advice. By visiting this web site and by contacting us with your questions and comments, no attorney-client relationship is created. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. In order to have Goldstein & Goldstein, Esqs., as your lawyers, you must have a written retainer agreement signed by you and by the firm. The lawyers of this firm are only licensed to practice law in the State of New York.
You should always meet the lawyer who will actually handle your case to make sure you feel comfortable in placing this important matter in his hands. Look over Paul Goldstein and Lindsey Goldstein’s biographies and make “The Right and Intelligent Choice”.