Vehicle Accidents
Work Related Injuries
Types of Inuries
Defective Products
Scaffolds
Regulations Regarding Accidents at Construction Sites
New York State has enacted statutes and regulations that are meant to ensure workers that their work sites are safe. The most significant of these statutes are New York Labor Law sections 200, 240, and 241(6). What this means is that if your injury was caused by a third party’s negligence you are entitled to sue that party, despite the workers’ compensation laws.
These laws impose an absolute nondelegable duty on contractors, subcontractors, and site owners to provide a safe work site. This means that the contractors, subcontractors, and site owners are absolutely liable for injuries on the work site. These parties cannot raise a comparative negligence defense, even if the injured worker is at fault. The laws also prevent contractors, subcontractors, and site owners from claiming they were not at fault because they assigned the duty of providing a safe work site to another party. Safety is a nondelegable duty. Ultimately, this means that there is no loophole which allows these entities to avoid responsibility for a failure to uphold the duty of providing a safe workplace.
Section 200 generally requires that workers and other people who are legally on the site be provided reasonable and adequate protection. Under section 240, it is solely the responsibility of owners, contractors, and their agents to supply proper protection for height related work, such as scaffolds, hoists, stays, ladders, slings, etc. The equipment supplied must be constructed, placed, and operated to give workers proper protection. Section 241(6) requires owners, contractors, and their agents to comply with the New York State Industrial Code. The Industrial Code requires that people be protected from general hazards, such as overhead hazards, falling hazards, drowning hazards, slipping hazards, tripping, and other hazards.
Because of the intricacies of this type of law, it is essential for victims of construction site injuries to be sure that they are represented by experienced legal counsel. Only an experienced attorney can analyze the circumstances of your accident and separate those who can be held liable from those who cannot and determine what constitutes an appropriate claim in each case.
Call (716) 854-0700 today!
At Feroleto Law we have extensive courtroom experience, and will give you highly professional legal services along with an unparalleled commitment to you, our client.
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- How many work-related accidents take place annually?
- In 2000, there were over 3.9 million disabling work injuries in cities like Buffalo and across the U.S.
- What types of injuries can be considered work-related?
- Any injury that occurs while you’re at work can be considered a work-related injury. They’re usually classified into two types:
Traumatic injuries and occupational disease. Traumatic injuries are caused by a specific event or series of events. Occupational disease is produced over a period of more than two consecutive days (e.g. exposure to toxins, continued or repeated stress and strain, a loud working environment, etc.).
- What if I work for the federal government and have been injured on the job?
- If you work for the federal government in the Buffalo, New York area, you are excluded from New York state workers’ compensation. Instead, you would receive workers’ compensation benefits under a separate federal law.
If you have been injured on the job and need an experienced lawyer to represent you in a third party claim, contact the work injury attorney of John Feroleto Attorneys at Law today. We will fight for your rights and get you the compensation you deserve. We work on a contingency basis, so don’t hesitate to schedule a free consultation with us today.
- What should I do if I’ve been injured on the job?
- You should seek emergency medical help immediately if you’ve been severely injured and then report the work injury to your employer. Don’t sign any documents from your employer or their insurance company regarding the injury without speaking to an attorney. Depending on how severe and disabling the injury is, you may be entitled to workers’ compensation benefits and may be able to sue for compensatory damages.
Generally, work related injuries are covered by Worker’s Compensation. However, there are exceptions and the interplay of laws between Worker’s Compensation and civil court cases is complex. The Worker’s Compensation carrier may seek reimbursement of all funds spent on medical bills and Worker’s Compensation payments. Worker’s Compensation’s payments may only represent a small part of actual lost wages. The work injury attorney at John Feroleto Attorneys at Law are experienced in handling these issues and have successfully represented workers in many construction site, industrial and other types of work-related injuries.
438 Main Street • 910 Main Court Building • Buffalo, NY • 14202 • (716) 854-0700
