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Construction Accident Claims in Westchester County: What Workers Should Know
Construction work drives the economy in Westchester County. From new developments in Yonkers to renovations in White Plains, crews are working hard every day. But this growth comes with risks. Construction sites are dangerous. When accidents happen, the physical and financial toll can be devastating.
Many workers assume workers’ compensation is their only option. That is often incorrect. New York State laws offer robust protections for construction workers. These statutes may allow you to bring a lawsuit against parties other than your employer. Bringing a third-party lawsuit can provide financial relief far beyond basic medical coverage.
We understand the stakes are high. You need to pay bills, support your family, and recover from your injuries. Our personal injury attorneys fight to protect your interests. We bring decades of litigation experience to your corner.
Beyond Workers’ Compensation: Third-Party Lawsuits
Most people know that if you get hurt at work, you file for workers’ compensation. This system covers medical expenses and a portion of lost wages. It generally prevents you from suing your direct employer.
Even so, construction sites are different because they typically involve multiple companies. You often have property owners, general contractors, subcontractors, and equipment manufacturers all on one site.
If a party other than your employer caused your accident, you might have grounds for a “third-party lawsuit,” which allows you to seek damages that workers’ comp does not cover. These damages may include full lost wages, pain and suffering, and future financial losses.
New York law is unique. It places strict responsibilities on owners and contractors to keep worksites safe.
New York Labor Laws That Protect You
New York has specific statutes designed to keep construction workers safe, and they are found in the New York Labor Law. Understanding these can help you see if you have a case.
Labor Law Section 200: General Duty to Protect
Section 200 codifies the standard duty of owners and contractors to provide a reasonably safe workplace. This section applies to all types of hazards.
If an owner or general contractor knew about a dangerous condition and failed to remedy it, they could be liable. For example, if they ignored a spill that caused you to slip, they might be responsible. You must typically prove they had “supervision or control” over the work or the dangerous condition.
Labor Law Section 240: The “Scaffold Law”
The “Scaffold Law” is one of the most critical laws for New York construction workers, as it offers special protection for gravity-related injuries.
This law requires owners and contractors to provide proper safety devices. Proper safety devices include scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, and ropes. These devices must be constructed and installed to provide “proper protection” for workers.
If you fall from a height because a ladder slipped, or if an object falls on you because it was not secured, Section 240 may apply. The law imposes “absolute liability” in many cases, which means the owner or contractor is responsible even if they were not directly negligent. They cannot simply blame you for the accident.
Labor Law Section 241(6): Specific Safety Rules
Section 241(6) requires owners and contractors to follow specific safety rules. These rules are laid out in the New York Industrial Code and cover a wide range of hazards, including rules for:
- Demolition work
- Excavation and trenching
- Protection from tripping hazards
- Handling of hazardous materials
To win a claim under this section, we must identify a specific rule in the Industrial Code that was violated. A general lack of safety is not enough. Our legal team reviews the facts of your accident to identify these violations.
Calculating the Full Cost of Your Injury
A construction accident does more than break bones. It can destroy your financial future, and you need to look at the big picture.
Our firm has deep experience in both litigation and tax matters. We understand numbers. We know how to calculate the actual value of your claim.
Our knowledgeable attorneys look at:
- Past and future medical expenses: Surgeries, physical therapy, and medication
- Lost income: The wages you lost while recovering
- Loss of earning capacity: If you cannot return to the same high-paying construction job, you lose money every year until retirement. We project these losses accurately
- Pain and suffering: The physical pain and emotional distress caused by the injury
Insurance companies try to minimize these payouts. They may offer a quick settlement that looks good today, but leaves you struggling to pay expenses tomorrow. We analyze the tax implications and long-term value of any settlement and fight for what you actually need.
Important Deadlines: The Statute of Limitations
You do not have unlimited time to take legal action, as New York law sets strict deadlines.
For most personal injury lawsuits in New York, you have three years from the date of the accident to file a claim. But there are significant exceptions to the statute of limitations. If the defendant is a municipality, like a town, city, or county in Westchester, the time is much shorter. You generally must file a “Notice of Claim” within 90 days of the accident.
(Source: N.Y. Gen. Mun. Law § 50-e)
Missing these deadlines can bar you from recovering a single dime. It is critical to speak with an attorney as soon as possible. Evidence disappears quickly on construction sites. Witnesses move on. Quick action helps preserve the facts.
Why Choose The Law Offices of Joseph A. Marra?
You have many choices for legal representation. Some people look to massive firms in Manhattan. Others look for the cheapest option. The Law Offices of Joseph A. Marra offers a different path.
Our attorneys and legal staff provide aggressive, high-quality representation right here in Westchester. We are located in Yonkers, not a skyscraper across the river. You get the sophistication of a large firm without the inflated costs often associated with Manhattan lawyers.
Our team has served this community since 1988. Joseph A. Marra is a former Assistant District Attorney. Our personal injury attorneys know the local courts, the judges, and the opposing counsel and understand how to build a case that stands up to scrutiny.
Our law firm treats you like a person, not a file number. We represent our clients’ best interests at every turn and are not afraid to take a case to trial if that is what is needed to secure fair compensation for you.
Take the Next Step for Your Future
Do not face the aftermath of a construction accident alone. The insurance companies have teams of lawyers working to deny your claim. You need someone on your side who knows the statutes and the court system.
Call us today at 914-964-6806. Let us fight for the justice and financial security you and your family need.
