Construction work by its very nature is risky work, where employees are exposed to such risks as fall, failure of the tools they use, hazardous materials or substances among others. Thankfully, New York has comprehensive laws for the protection of labor and construction workers who sustain injuries when working on a construction site; the laws guarantee the workers justice for them to be protected.
Key Legal Protections for Injured Construction Workers
- Workers’ Compensation: By the New York law, most employers fall under the list of the mandatory requirements for contractors to provide compensation to the employees in case of an accident. This gives advantages to worker that acquired injury through their work as they can be compensated for their medical bills, and the cost of rehabilitation and some of the wages that they might have lost. However, workers’ compensation is the kind of insurance that is no-fault, thus, the employee can receive compensation without proving that the employer was negligent. However, it mainly shields employer from employees’ direct action against them so if negligence of employer or third party is contributing factor it is necessary to look out for other legal options.
- The Scaffolding Law (Labor Law § 240):The Scaffolding Law New York Truck Accident Lawyer that operates in New York is another one of great significance of which guards the construction workers with regard to the danger of gravity including falling from heights or being hit by something that has fallen from above. This law makes property owners and contractors responsible for using safety measures as yards, solid construction among other safety measures like qualitative scaffolding and harnesses. If they don’t produce these protections, the injured workers have every right to sue for further compensation besides workers’ compensation, inclusive of a heavier compensation for pain and suffering, plus all lost wages.
- Labor Law § 241(6):This section requires site to be in specific safety regulation and standards of New York State Industrial Code where construction activities are carried out. Injured workers could sue a site owner or a general contractor for a violation of these regulations, as stated by the articles that have been analysed. This law is far from being less effective because it provides for a chance to consider more various injuries and safety violations that the Scaffolding Law does not allow.
- Third-Party Lawsuits: Although, we know that workers’ compensation laws prohibit employees from suing their employers, workers are allowed to file third party claims in the event that they suffer an injury that may have been caused by a party other than the employer. For instance if a worker was injured through defective machinery or unsafe equipment which was manufactured by a third party then the worker can sue for extra amount from the manufacturer in addition to suing his employer. This is why it is wise to engage the services of professional attorneys especially those from Morelli Law firm to help spot these third parties who bear the responsibility and ensure the workers get a fair chance at the entity’s compensation.
Notable Case Successes
Just as it was expected, the Morelli Law Firm has proved to give out adequate compensation to construction workers who sustain injuries at the site. For instance, they hoped for a $21 million settlement for a client whogot critical injuries upon falling on a construction site. Workers such as Benedict Morelli and other experienced individuals within the construction firm are well knowledgeable about construction accident cases that may involve workmen compensation, Scaffolding Law or third party claims.
The Importance of Legal Representation
Due to the complexity of the laws regulating employees and employers’ relations and such severe consequences of construction accidents, it is necessary to be represented by a New York Wrongful Death Lawyer. Thus, the Morelli Law Firm’s New York Construction Accident Lawyer will serve the purpose of safeguarding the rights of the affected employees. They investigate their cases comprehensively, involve relevant professionals and use their expertise in New York labor laws that help them to develop convincing claims that entitle them to maximal compensations for their clients.
Altogether, labor laws in New York provide great deal of protection to construction workers who were injured at work, yet claiming with the support of these laws legal aid is feasible only in case of having professional assistance. By engaging a competent lawyer, the affected employee is in a position to receive all the necessary compensation and benefits which will assist him or her to heal and financially.
