Long Island Construction Accident Lawyer
If you were injured on a Long Island construction site, contact an experienced and highly rated construction accident lawyer for a free case review
With offices in Mineola and Manhattan, Adam C. Raffo, Esq. represents union and non-union construction workers, laborers, and tradesmen with lawsuits and claims seeking compensation for pain and suffering, lost wages, and medical bills arising out of the negligence and violation of safety standards by construction site owners, general contractors, and sub-contractors.
Adam C. Raffo, Esq. is associated with Weitz & Luxenberg P.C., a large Manhattan based personal injury law firm, and has extensive experience handling high value construction accident lawsuits and claims. With many previous hard fought settlements against the largest developers and contractors in New York as well as training in construction site safety standards including OSHA 30 and SST certifications, Adam uses an in-depth knowledge of the Labor Law, Industrial Code, and OSHA regulations to pursue compensation on behalf of injured construction site workers. Providing free case reviews in workplace injury and Long Island construction accidents, Adam is often called upon to guide clients in the overwhelming hours and days immediately after suffering an on the job injury.
How Construction Injury Lawyer Adam C. Raffo can help you and your loved ones
Adam C. Raffo was raised, attended law school, and is raising his own children on Long Island. After representing the people people of Nassau County as an Assistant District Attorney his desire to help others led him to civil litigation where he continues to protect the rights of the people of Long Island and New York City. With tens of millions of dollars in construction accident settlements and numerous professional accolades and accomplishments, he understands the hardships serious injuries create for construction site workers and their families. These hardships are magnified when the limited lost wage benefits provided by New York workers compensation prevent the injured worker from maintaining the standard of living their family was accustomed to prior to their construction site injury.
When your job and your family’s livelihood depends upon your body being up to the rigorous physical challenges of the jobsite, it is in your best interest to seek out an experienced Long Island construction accident attorney for a free, no obligation consultation immediately after being involved in an on the job construction site accident. With offices in Mineola, Long Island and Manhattan, as well as the resources and multi-lingual and Spanish speaking staff offered by his association with a large national law firm, Adam C. Raffo, Esq. can offer assistance to injured Long Island construction workers seeking additional compensation for injuries and lost wages.
Work with an experienced Long Island Construction Lawyer on your workplace personal injury case
An on the job construction accident may create distinct claims for workers compensation, disability, and a third party lawsuit. As injured tradespeople often learn, the job will not look out for your best interests. General contractors, site safety people, and the various insurance companies that are involved when a construction accident takes place often begin aggressively attempting to shape the narrative and build their defense against your claim moments after the accident takes place.
Often contacted by injured construction workers shortly after a workplace accident takes place, I immediately take steps to investigate, preserve, and memorialize necessary evidence. I ensure that your interests are well protected in the various early stages of all relation claims processing and workers compensation proceedings, and I provide guidance to you and your family in the stressful days immediately following a construction site accident.
Who is responsible for your injury after a New York Construction Accident?
Who is responsible after a construction accident is determined based on the specifics of your accident. Hiring an experienced and highly regarded construction site personal injury attorney will help you navigate through this complex legal process. Contact our Long Island or Manhattan offices to schedule a free initial consultation to meet with Adam C. Raffo about your construction site accident. Adam will provide a thorough review of your case, the potential responsible parties, and your legal options after being injured at work.
Generally, in New York State you cannot sue your employer for a work-related injury. After a construction accident, your primary recourse will be limited to filing a workers compensation claim against your employer whereby New York State Workers Compensation will pay for your medical treatment and provide replacement of a portion of your wages while you are out of work. Payment and recovery under the workers’ compensation system generally does not cover many accident related damages suffered by those injured on a construction site. Your lawyer will work to ensure that a lawsuit can be filed against the responsible third parties so you are fully compensated for the physical and economic damages that you have suffered as a result of your construction site accident.
Adam C. Raffo is experienced and well versed in handling construction accident cases pursuant to the New York State Labor Law. The New York State Labor Law plays a crucial role in ensuring adequate compensation and protection of laborers and construction workers across various trades. The Labor Law is a comprehensive set of legal statutes designed to safeguard and protect the rights and interests of construction workers on Long Island and throughout the State of New York.
For tradespeople injured on construction sites on Long Island and in New York City, Sections 200, 240, and 241 of the Labor Law provide avenues to seek additional compensation for injuries and lost wages. Using the Labor Law and violations of Part 23 of the New York Industrial Code we can bring lawsuits against third parties at the construction site who may be legally responsible for your injuries. Often in construction accident cases we bring claims and lawsuits against Project Developers, Construction Managers, Property Owners, General Contractors and various subcontractors who may be responsible for the construction accident. Many times the roles or liability of these parties is not immediately apparent, so during your initial consultation we will discuss the different entities and companies at the construction site, and shortly after our meeting we will being aggressively investing the accident and people and companies at the construction site to ensure that we have located the potentially liable companies and insurance carriers.
In New York workplace injury cases and construction accident cases, we strive to take a holistic approach to the client’s injury and resulting claims so as to protect the client’s needs and maximize their goals. Throughout your third party lawsuit we will provide dedicated assistance for your workers compensation claim and work to ensure that your interests are well protected in the various early stages of all claims processing and workers compensation proceedings.
Depending on the facts of your case as well as our experience and investigation we may be able to file Third Party Lawsuits on your behalf against the following entities:
Property Owner - the companies and people who own the land on which construction is taking place and the construction project that is being built
Developer - the companies developing the project and responsible for big picture oversight
Construction Manager- company hired by the owners and developers to oversee and run the construction jobsite and concerned with the big picture
General Contractor- company responsible for day to day oversight of a construction site and management of various trades and sub-contractors
Subcontractor - company brought in for a special portion of the construction project such as electricians, plumbers, painters, mason, iron workers
What type of construction accidents may qualify for compensation?
The construction trades are one of the most dangerous occupations and the accidents are often catastrophic, with OSHA noting that 21 percent of all private industry fatalities were in the construction industry. According to OSHA statistics, the focus four hazards which are defined as falls, caught-in-between, struck-by, and electrocution represent 90% of all construction deaths.
Long Island and New York City construction accident lawyer Adam C. Raffo, Esq. handles cases involving:
Falls from ladders
Scaffold collapses
Falls from elevated heights
Injuries caused by falling construction debris and objects
Trench collapses and excavation cave-ins
Unsafe and defective tools and protective equipment (PPE)
Broken ladders and scaffolds
Struck by equipment
Caught-in-between accidents and injuries
Trip and falls over debris or construction materials
Slip and falls due to wet or slippery conditions in work areas and passageways
Falls from scaffolds
Injuries sustained during demolition
Demonstrated history of successful results in construction accident cases
Construction accident cases are complicated and are often heavily contested by the insurance companies and the defense attorneys who represent their interests. The insurance companies frequently deny coverage or undervalue claims by citing often used excuses such as pre-existing medical conditions, blaming the worker, or sometimes even claiming that the accident did not take place. Adam C. Raffo, Esq. has over twelve years of experience successfully litigating construction accident cases and obtaining high settlements for his construction accident clients. His unique blend of compassion and aggressiveness is often noted by the many happy clients who have retained him to handle their construction injury cases. For each year from 2018 to 2022 Adam was recognized as a “Rising Star” in the field of personal injury law by New York Metro Super Lawyers, an honor that was received by only 2.5% of the top up-and-coming attorneys in New York State. Similarly the National Trial Lawyers Association selected Adam for membership in its “Top 40 under 40” based on his performance and reputation within the legal community. In 2023, in only his first year of eligibility, Adam was formally named a Super Lawyer in Plaintiff’s Personal Injury Law in the New York Metro area and was recognized as one of the National Trial Lawyers Top 100 Trial Attorneys. Adam C. Raffo Esq. has been featured on the front page of the preeminent legal publication the New York Law Journal, and in 2017 he was recognized by New York Magazine for one of the top trial verdicts in New York State. To better represent the construction workers and tradesmen he represents, Adam recently underwent training to receive his OSHA 30 and SST site safety certifications. This training has provided fertile grounds for cross examining construction site superintendents and site safety people on the numerous safety codes and regulations that were disregarded at the construction sites where Adam’s clients were injured.
How to choose a construction accident lawyer?
As with anything in life, use your judgment and common sense. Most, if not all, personal injury lawyers work on a contingency basis, meaning that they do not collect a fee unless they win your case. You should seek out an attorney who possesses the experience, track record, and resources needed to successfully prosecute a construction accident case against large insurance companies and the highly skilled attorneys who represent them. You need an attorney who will compassionately provide guidance to you and your family while aggressively maneuvering your construction accident case through the court system to establish a position of strength in future settlement negotiations.
What you should ask a construction accident lawyer you are considering hiring:
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Over the last several years alone, Adam C. Raffo Esq. has successfully handled dozens of complex construction accident cases. He is well versed in the common tactics used by the insurance companies to reduce monetary compensation and he will aggressively move to develop your injury claim in a manner which will maximize your construction accident settlement value.
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Over the last several years, Adam C. Raffo Esq. has recovered tens of millions of dollars in New York construction accident cases. Adam C. Raffo has experience handling a wide range of construction accident injuries varying from catastrophic spinal injuries to non-surgical rotator cuff tears. Whatever the injury may be Adam works hard to maximize his clients’ construction accident settlement value. Many clients come to Adam with what initially appear to be relatively minor injuries, such as bulging discs or meniscus tears, which progressively get worse. Even in those instances, where construction workers sustain comparatively lesser injuries, the physically challenging nature of the construction trades often prevents those workers from returning to work for a lengthy period of time creating high settlements due to past lost wages and future diminished earning capacity.
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Adam C. Raffo is associated with Weitz & Luxenberg, P.C. a large national personal injury law firm headquartered in Manhattan. At Weitz & Luxenberg, Adam works closely with a team of seasoned lawyers and multilingual paralegals and support staff handling serious and complex negligence cases stemming from construction accidents, dangerous premises, and rideshare and gig-economy delivery accidents. During his career, Adam has been involved in the recovery of over one hundred million dollars for his clients including numerous individual recoveries in excess of one million dollars. Adam C. Raffo Esq. leaves no stone unturned when preparing construction accident cases for court, often retaining highly regarded experts in medicine, economics, and workplace safety to increase the settlements his construction accident clients recover. “Our client deserves no less. We didn’t go the easy route. It’s one of the things that makes W&L unique. We have the resources to put in the time and investigate claims to their fullest,” Mr. Raffo points out. “We start with a set of facts, ask questions, and keep digging.” In a recent high-stakes trench collapse case Adam retained a meteorologist to provide detailed weather report which he used during the cross examination of the competent person employed by the general contractor to show that they failed to take note of, test for, and ultimately account for water saturation of the soil in the trench during the week preceding the cave in. In another construction matter, he retained an expert to provide an opinion as to whether a sub contractor used the proper joint compound for an application in which there was an eventual ceiling collapse. The ability to retain and work with top experts in various areas of expertise is especially important in construction accident cases which often revolve around significant lost wages and benefits due under union collective bargaining agreements. In these matters, Adam will retain economists who will calculate the lost wages suffered by a construction worker due to their injury and the value of the future lost earnings due to reduced pension and social security credits and lost medical insurance, vacation time, annuity payments and returns, and fringe benefits.
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Adam C. Raffo Esq. has handled construction accident cases involving: falls from ladders, broken ladders, unsteady ladders, ladders which were not braced, ladders which shook, ladders which were bumped, extension ladders which did not extending far enough above the landing, ladders used in improper applications, ladders whose rungs were worn, improperly placed ladders, ladders placed in doorways, ladders with broken footings, rusted fixed ladders, climbing or descending ladders while holding tools, wrong ladder angle, falls from scaffolds, broken scaffolds, scaffold collapses, scaffolds with improper planks, slips on scaffolds, scaffolds with holes, baker scaffolds without wheel locks, scaffolds without toe boards and guardrails, scaffolds without safe access or egress, suspended scaffolds, supported scaffolds, unsupported scaffold planks, failure to supervise scaffold breakdown, scaffolds without anchorage points, anchorage point failure, working on scaffolds without a harness and safety line, defective personal fall arrest systems, trench collapses, excavation cave ins, no egress from trench, water saturated trench soil, excavation spoil pile slides, construction workers struck by heavy equipment, construction workers struck by vehicular traffic adjacent to the construction site, falling objects, struck by debris, improper hoisting, demolition, collapsing walls, failure to brace walls, collapsing ceilings, slip on debris, slip on slippery substances in passageways, trip on construction debris, trip over extension cords, trips over construction material piled, falling pipes, material tipping off an A frame, stuck by sharp objects, rebar impalement, suspension in air, electrocution, falls from unprotected leading edges, unsecured holes, trips on protective floor coverings, crane collapses. Adam C. Raffo Esq. has successfully represented many injured construction workers who often find his compassion and ability to listen to their needs and desires reassuring during the claims process. He had represented union and non-union workers as well as numerous Spanish speaking tradesmen and laborers.
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Adam C. Raffo Esq. has successfully represented many injured construction workers who often find his compassion and ability to listen to their needs and desires reassuring during the claims process. See sample construction accident client testimonials below.
Who can bring a construction accident lawsuit?
Tradesmen including laborers, carpenters, electricians, iron workers, plumbers, masons, steamfitters, lathers, painters, operating engineers, welders
union and non-union construction sites
off the books and undocumented workers
apprentices and journeymen
anyone performing construction activities at a construction site
The labor and the workplace laws in the state of New York protect all people equally. Regardless of your immigration status, when you work in the state of New York you are afforded protections and legal rights if you are injured while working. These rights include workers compensation insurance paying for your medical bills and replacing a portion of your lost wages, as well as the right to bring a claim against third parties whose negligence may have contributed to your accident. There is no citizenship requirement to file a personal injury lawsuit for a construction site accident in New York. We have handled cases for undocumented immigrant construction workers where through extensive preparation and aggressive litigation we were able to secure lost wages for missed work resulting from their injuries.
Nearly all full and part time New York workers are entitled to receive worker’s compensation benefits. There is no residency or citizenship requirement to receive workers’ compensation in New York, and all people working in New York regardless of their immigration status are covered by the workers compensation system. Adam C. Raffo is associated with a large national law firm and he and his staff handle many cases for Spanish speaking construction workers. We have extensive experience bringing claims for Spanish speaking clients and we are often called upon to guide our clients during the stressful and confusing days immediately following a workplace injury. Para hablar con nosotros sobre un accidente de construcción en el que se haya visto involucrado llame a nuestra oficina de Mineola .
All consultations are free of charge and will remain private and confidential. Attorneys licensed in the state of New York are ethically bound to maintain confidentiality and to abide by attorney client privilege concerning communications with clients and people seeking legal representation. This means what you tell us in an initial meeting or during representation will remain private and you can trust that what you say to us will remain undisclosed. Should you hire our law firm we will work on a contingency basis where we will not charge any fees unless we win your case and recover money for you. If for some reason we are not able to successfully resolve your matter, you will not be charged any fee.
When you retain us to handle your workplace injury or construction accident, we will aim not just to protect your legal rights after the injury, but we will strive to explain, protect, and guide you on any other outstanding issues you may have so we can help put your mind at ease while we work to resolve your workplace injury claim.
Can an injured construction worker receive both workers compensation and a third party lawsuit settlement?
The New York workers' compensation system serves as a safety net for injured workers, ensuring a degree of financial protection in the event of work-related injury. Administered by the New York State Workers' Compensation Board, the system operates on the principle of "no-fault," meaning that compensation is provided regardless of who or what caused the accident.
When a worker is injured, they must promptly report the incident to their employer. Employers are then required to file a C-3 Employee Claim form with their workers' compensation insurance carrier and the Workers' Compensation Board. Medical expenses incurred as a result of the work-related accident are typically covered, including doctor visits, hospital stays, prescription medications, and rehabilitation. Wage replacement benefit consisting of a portion of the injured workers wage or salary is also available to compensate the injured worker for lost earnings during the recovery period. Generally, the severity of the injury will determine the length and amount of wage benefits with permanent disabilities potentially leading to ongoing payments or a lump-sum settlement. The workers' compensation system in New York strives to ensure fair and timely compensation, with the Workers' Compensation Board serving as a mediator in case of disputes. While injured workers can file a workers compensation claim on their own we encourage them to retain experienced counsel to protect both their short and long term interests.
According to the United States Bureau of Labor each year approximately 3 million workers sustain an injury, including approximately 125,500 injured New Yorkers. This means out of every 100 New York workers, 2.2 will sustain a workplace injury over the course of a given year. As an attorney specializing in workplace injuries, clients often come to me in the hours and days after suffering an on the job accident looking for guidance and basic information about how the workers compensation system works, who is entitled to receive benefits, and what those benefits will look like. While every case is different and injured workers should schedule a consultation with an attorney to discuss their specific circumstances, we provide the following information to familiarize our clients with some of the basic principles and features of the New York workers compensation system:
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It is a form of insurance that provides medical coverage and income replacement to injured workers. If injured at work, it is important to apply for and use workers compensation medical coverage as opposed to your own personal health care insurance. In fact, on the intake documents at most hospitals and doctors’ offices there is a questionnaire section that explicitly asks the patient whether they were injured as the result of a workplace accident. Workers’ compensation will also provide expenses for medical appointments and will provide replacement income if a worker cannot work. While fact specific and subject to rate changes, the replacement income provided by the workers compensation system generally is two-thirds of one’s pre-injury wage up to a maximum wage. The maximum wage limit is an important caveat, as the maximum weekly benefit rate is capped at two-thirds of the New York State average weekly wage for the previous calendar year, as determined by the New York State Department of Labor. For example, in June of 2023 the maximum NY State average weekly wage was $1688.19 capping the maximum a worker can recover at $1,125.46 a week. While those figures may place some workers in financial difficulty, workers compensation replacement wages act to serve as a lifeline for a lot of injured New Yorkers.
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Nearly all full and part time New York workers are entitled to receive worker’s compensation benefits. There is no residency or citizenship requirement to receive workers’ compensation in New York. All people working in New York regardless of their immigration status are covered by the workers compensation system. Similarly workers compensation applies to workers across the board, for example it applies to a construction worker injured at a construction site, the lawyer representing them from a legal office, and the people staffing the building in which the lawyer works.
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An injured worker is advised to seek immediate medical attention and then report the accident and injury to one’s supervisor. Injured workers generally must notify their employer within 30 days from the date that the worker knew or should have known of their injury. After reporting the injury, the worker will need to file a workers compensation claim. This claim generally must be filed within two years of the accident. Many times, the employer or job will suggest that the employee file the claim themselves however injured employees may, and in our opinion, should, consult with an attorney to navigate the system, avoid missing various deadlines, and to complete the forms and documents that will serve as the crux of their claim moving forward completely and accurately. At a minimum an initial consultation with a workplace injury attorney can help advise and counsel the injured worker on the legal process and help ensure that the injured worker makes an informed decision on how to proceed and the benefits and risks associated with their decision.
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An on the job injury may create distinct claims for workers compensation, disability, and a third party lawsuit. The job will not look out for your best interests. Employers, site safety, supervisors, and the various insurance companies that are involved when a workplace accident takes place unfortunately often being aggressively attempting to shape the narrative and build their defense against your claim moments after the accident occurs. By contacting an experienced workplace injury attorney, they can counsel you on how to proceed and immediately begin to take steps to investigate, preserve and memorialize evidence. Your workplace injury attorney will work and if necessary fight to ensure that your interests are well protected in the various early stages of all related claims processing and workers compensation proceedings and they will serve to guide you and your family through the often confusing and stressful days immediately after an accident takes place. They will focus on the small details while giving you a broad overview of the process and the impact a workers compensation claim may have on collateral proceedings such as a lawsuit against a third party responsible for your injury. I often tell my clients in the many situations where a injured worker can bring a lawsuit against a responsible 3rd party in addition to a workers compensation claim that the workers compensation claim is aimed at helping them in the near term while the 3rd party lawsuit has a long term focus aimed at uncovering the full extent of how they were harmed and in turn seeking to compensate them for what they went through and unfortunately how much they ended up losing.
In New York workplace injury cases and construction accident cases we strive to take a holistic approach to the client’s injury and resulting claims, so as to protect the client’s needs and maximize their goals. We provide compassionate guidance and aggressive representation and encourage those of you who have been injured in a workplace injury as well as those of you currently struggling through the system to reach out to us for guidance and counsel.
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While fact specific and subject to rate changes, the replacement income provided by the workers compensation system generally is two-thirds of one’s pre-injury wage up to a maximum wage. The maximum weekly benefit rate is capped at two-thirds of the New York State average weekly wage for the previous calendar year, as determined by the New York State Department of Labor. For example, in June of 2023 the maximum NY State average weekly wage was $1688.19 capping the maximum a worker can recover at $1,125.46 a week.
Additionally, an on the job injury may create additional claims for disability, and a third party lawsuit.
In many instances an injured construction worker can can seek additional compensation by bringing a lawsuit against a responsible 3rd parties at the jobsite. The workers compensation claim often helps the injured worker survive the immediate aftermath of a workplace injury, while the 3rd party lawsuit has a long term focus aimed at uncovering the full extent of damages and in turn seeking to compensate the injured construction worker for the pain they went through and what they lost.
Rules, Codes and Regulations controlling construction site accidents
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Section 200 establishes a general duty upon employers to provide a safe environment for workers. It directs that all construction sites shall be constructed, equipped, arranged, operated, and conducted to provide adequate and reasonable protection to the lives, health, and safety for all persons, employed therein or lawfully frequenting such places. Further, it requires that all machinery and construction equipment be used, placed, and guarded so as to protect the people working and frequenting construction sites.
Section 200 establishes a general duty on the stakeholders at a construction site and requires proof that the owner of the construction site or the general contractor had prior notice of the dangerous condition that caused the construction workers injury, or the general contractor directed or controlled the dangerous method of work which caused the construction site injury.
Even after proving one of the requirements of Labor Law Section 200, a defendant may claim that the injured construction worker contributed to the accident taking place by being negligent themselves.
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Labor Law Section 240, commonly called the Scaffold Law, protects construction workers from elevation related risks. It generally deals with falls from heights or falling objects at a construction site. Labor Law 240 requires that all construction site owners and contractors shall furnish or erect scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices which shall be constructed, placed and operated to give proper protection to construction workers at the construction site. The definition of construction work is subject to legal interpretation and case law has held that many different types of work such specific types of maintenance and repair work fit within the protections of labor law covered activities. If you were involved in a construction accident or were injured during work involving construction like activities such as making significant changes to a building or a structure contact Adam C. Raffo Esq. for a legal consultation.
If a violation of Labor Law 240 is established to have caused your injury, the owner of the construction site and the general contractor will be held liable as a matter of law even if they did not have notice of the dangers and even if they did not directly contribute to the accident happening. Labor Law 240 codifies the legislature's recognition of the extreme dangers tradespeople are subject to at construction sites and the enhanced protections afforded due to the risks involved.
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New York State Labor Law 241 (6) requires construction site owners and contractors in charge of construction sites to ensure that workers are protected from common hazards. The statute states that all areas of a construction site where construction, excavation, or demolition are being performed must be equipped and guarded to provide adequate protection.
Similar to Labor Law 240, when a violation of Labor Law 241 (6) is found to be the cause of your construction site injury, the owner and or the general contractor will be held liable for your injuries even if they were unaware of the dangerous condition and did not control the work that caused your injury. To prove a violation of Labor Law 241(6) an injured construction worker must claim a violation of one of the many specific regulations contained in the New York Industrial Code. In instances where the plaintiff can demonstrate a violation of one of the specific safety provisions contained in N.Y. Comp. Codes R. & Regs. Tit. 12 Section 23 Industrial Code, the owner of the property where construction was taking place and the general contractor can be sued for the negligent acts of a subcontractor even if neither of them control the work that was being performed or for that matter even know what the subcontractors’ employees were doing on a day to day basis.
New York State Labor Law 241 (6) recognizes the unique risks involved at a construction site and holds owners and general contractors accountable if certain regulations were violated. In essence, if there is a violation of a specific provision in the regulation and you hired them or hired someone who hired them, you are responsible if something goes wrong. These Labor Laws are designed to encourage property owners and general contractors to hire good people and remain invested in the work that those people are performing.
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The New York Industrial Code establishes an extensive set of safety provisions designed to protect against common hazards encountered by construction workers. While some sections of the code highlight general instructions which cannot serve as the basis of liability others sections set forth specific safety rules which can be used as the basis for a claim under Section 241 of the Labor Law. The rules are set forth in 12 CRR-NY 23 which is commonly referred to as the industrial code. As the industrial code is extensive with many complicated and dense topics, those who have been injured in a construction site accident should consult with a knowledgeable lawyer to determine if there is a regulation that may be applicable to their accident. Common industrial code sections which support constriction accident claims are:
12 CRR-NY 23-1.7- General Hazards
23-1.7 sets forth safety standards related to overhead hazards, falling hazards, hazardous openings, drowning hazards, slipping hazards, tripping hazards, vertical passageways, air contamination, and corrosive substances.
12 CRR-NY 23-1.21- Ladders and ladderways
23-1.21 sets forth safety regulations related to ladder strength, coatings, maintenance, installation and use, wooden rungs, splicing, placement in door openings and providing numerous highly specific requirements when using common types of ladders. For example, 23-1.21 establishes a directive that there must be at a minimum a four foot overlap between the sections of an extension ladder when the extension ladder being used is between 36 and 48 feet in length.
12 CRR-NY 23-4.2- Trench and area type excavations
23-4.2 establishes rules dealing with the numerous requirements that are in place when construction workers are required to work in or frequent trenches or excavations. It deals with regulations concerning when excavations must be sheeted and shored and references highly specific types of soil and slope measurements. Additionally 23-4.2 mandates that excavated material and other superimposed loads shall be placed at least 24 inches back from the edges of any open excavation and shall be so placed or piled that no part thereof can slide, fall or roll into the excavation.
12 CRR-NY 23-5.3- General provisions for metal scaffolds
23-5.3 sets forth requirements for all metal scaffolds and for example creates minimum load distribution requirements when used for particular types of work by stone masons, bricklayers, stucco applicators, lathers and plasterers, and carpenters. In addition to the voluminous general requirements pertaining to all metal scaffolds in 23-5.3 the Industrial code lays out extensive requirements for tubular welded frame scaffolds in Section 23-5.4, tube and coupler metal scaffolds in 23-5.5, pole scaffolds in 23-5.6, outrigger scaffolds in 23-5.7, suspended scaffolds in 23-5.8 through 23-5.10, bracket scaffolds, needle beam scaffolds, bricklayers square scaffolds, manually propelled mobile scaffolds and so on.
In order to prove violations of the industrial code necessary to successfully prosecute a claim under Section 241 of the Labor Law, you need an experienced construction accident attorney who can identify the potential code provisions at play and aggressively move to secure the difficult to obtain evidence to establish violations under many highly precise sections of the code.
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The OSHA guidelines set forth an extensive body of Federal workplace safety requirements. While OSHA violations do not serve as predicates for construction accident claims under the New York State Labor Law they are extremely important in the successful prosecution of construction accident cases for several reasons. The OSHA construction safety guidelines are found in 29 CFR Part 1926 and they are intended to ensure workplace safety for tradesmen and construction workers.
Attorneys handling construction accident cases should be well versed in the various OSHA regulations as they typically provide fertile grounds to explore during examinations before trial of defense witnesses including superintendents, construction managers, foreman and site safety people and consultants. The questioning of these witnesses provides the foundation for a construction accident case and a successful examination during which many concessions are won often provides the ammunition necessary to successfully settle a construction accident case.
Within the construction industry supervisors, foremen and other supervisory roles often require an OSHA safety training as a prerequisite. Additionally, many specific jobs, for example MTA capital projects, or specific contractors and subcontractors within the industry, may require that all workers on the job have certain OSHA certifications in hopes that it ensures a higher level of safety awareness.
New York City Local Law 196 of 2017 requires all supervisors at job sites which require a site safety plan to receive 62 hours of site safety training (SST). This required training includes an OSHA 30 certification, and completion of classes in fall prevention, site safety manager refresher course, supported scaffold, drug and alcohol awareness, site safety plans, tool box talks, and pre-task safety meetings. Section 3301.13.12 of the New York City Building Code mandates that a SST Supervisor Card is required if you serve as a competent person at a construction site.
When hiring a construction accident attorney, you want a lawyer who has training in and a command of the rules and regulations that your boss on the jobsite and his boss were supposed to follow. You want an attorney who knows the OSHA regulations inside and out, and will call out the supervisors out when they walk into a deposition and claim the job site was run like a well oiled machine and it was just a fluke accident that caused your injury. To better serve his construction accident clients, Adam C. Raffo Esq. has undergone the same safety training supervisors on the construction site have undergone, and he routinely uses the knowledge he obtained when receiving his OSHA 30 and SST certifications to expose the myriad of cut corners and shortcuts that always exist on a construction site when you know where to look. After relentlessly exposing the many smaller rules that were commonly overlooked at the jobsite, it will be all the more difficult for the superintendent or site safety to claim that no safety mistakes were made when it comes to how your accident took place.
What specialized laws, rules, codes and regulations apply in New York and Long Island construction site injury accidents?
New York State Labor Law Section 200
New York State Labor Law Section 240
New York State Labor Law Section 241
New York Codes, Rules, and Regulations Part 23 Protection in Construction, Demolition and Excavation
29 CFR Part 1926 OSHA regulations
Providing free case reviews in construction accidents and workplace injuries Adam C. Raffo, Esq. is often called upon to guide clients in the overwhelming hours and days immediately after suffering an on the job construction injury.
Manhattan Office
700 Broadway, New York, New York 10003
212-558-5779
Long Island Office
34 Willis Avenue, Mineola, New York 11501
516-363-0123