This article will explain some of the laws relating to construction accidents. If
a worker is injured on the job, his medical bills and compensation for his injury is
covered by Workers Compensation. In essence, a worker cannot “sue” his employer
for pain and suffering except under very, very specific incidents. Basically, a worker
gives up his right to sue for pain and suffering in exchange for generated payments
of medical bills and lost time from work. These payments are made even if the
worker is at fault due to his own negligence.
Exceptions to the Workers Compensation Law involve contractors, sub-
contractors and property owners. For example, if a worker is doing work at a
location which is not owned by his employer, or different sub-contractors are doing
work and a sub-contractor or general contractor causes injury to the worker, then
the worker can sue the “other” general contractor or sub-contractor for his injuries.
The greatest exception to the Workers Compensation Law is known as the
Ladder and Scaffold Law or Section 240 or 241 of the Labor Law. Section 240 or
241 states that a worker who is injured as the result of a fall off a ladder or scaffold
has an automatic right to sue the owner of the property. What’s more, the owner is
held strictly liable for the accident. The owner cannot claim that he is not
responsible, did not provide the ladder or the scaffold or did not supervise the work.
All these arguments are not defenses as the law requires that he provide very
specific safety equipment.
Because scaffold and ladder cases and other “gravity” related cases cause
severe injuries, typical settlements are quite large. As a result of these large money
awards, insurance carriers for the property owners fight these cases vigorously in
Court. They try to show that it is not a gravity-related injury, but merely a simple
negligence case. A good sincere attorney will oppose these defense claims and even
take the case to the Appellate Courts if they lose in the lower court.
In summary, every injured worker should know that he is covered by
Workers Compensation Insurance to pay his medical bills and loss of earnings.
Even if his employer did not purchase a workers compensation insurance policy, he
is still covered by the Uninsured Employers Fund of the Workers Compensation
Board. If your injury is the result of a fall off a ladder, scaffold, or injury by
something falling on you, you have reason to sue the general contractor and
property owner.
In our office we have won large awards for people who were injured as the
result of falling off fire escapes, ladders, and even in a case where a beam fell onto
our client causing him severe shoulder injury.
If you are injured while at work, call our office to determine whether you
have a viable case entitling you to large cash awards.