Written by: Jesse Minc Portrait Jesse Minc

Bronx Attorneys Assisting Victims of Injuries on the Job

People throughout the Greater New York City area who have been injured in a trip and fall or slip and fall accident on a construction site can seek counsel from Jesse Minc Personal Injury Law. We understand the pain and financial stress that these situations can cause, both for the person injured and for his or her family. Our Bronx construction accident lawyers have the necessary experience and legal knowledge necessary for success in construction accident cases, and will fight for you and your family to the bitter end if you are injured. Our attorneys handle all types of personal injury cases, and can also assist in obtaining workers’ compensation benefits if you are injured on the job. To make sure that every one of our clients receives the attention that they deserve, we carefully limit the cases that we take, thereby ensuring that all of our clients have the best possible chance of success in their quest for compensation when the negligence of another causes them harm.

When you think about construction accidents, mishaps with dangerous machinery, scaffold accidents and being struck with heavy falling objects may come to mind. The truth is that trip and fall and slip and fall accidents are equally as common on New York construction sites, and can also cause serious injuries which may leave a worker unable to continue to provide for his or her family. Whether you are working at elevation on a scaffold or ladder or simply lose your footing on the ground, falls can result in broken bones, head injuries, back injuries, and even death in some cases. With this stark reality in mind, the New York State Legislature has passed several very important laws designed to protect workers from injury due to slipping or tripping and falling on construction sites, and further to provide for a path to adequate compensation if such a tragedy occurs on a job site.

Understanding Your Legal Rights if You Slip and Fall or Trip and Fall on a Job Site

If you or a loved one has been injured due to a trip and fall or slip and fall accident on a construction site in New York, you have the legal right to seek compensation from those responsible. You may be able to obtain money damages for related doctors’ bills, missed wages due to time away from work, and any reduction in your future earning capacity that resulted from your injuries. In many cases, you can also seek additional damages for pain and suffering. In the heartbreaking event that a person loses their life in an accident on the job, the victim’s spouse has the right to seek similar compensation for their wrongful death.

In context of a slip and fall accident or trip and fall accident on a construction site in New York, there are two important statutes that provide special protection to injured workers: Labor Law Section 241(6) and Labor Law Section 200. In the context of slip and fall and trip and fall accidents, Labor Law 241(6) requires that owners and general contractors on job sites ensure that “passageways” and “work areas” be kept free of debris, obstructions and other materials that may cause tripping hazards as specified in Rules 23-1.7(e)(1) and 23-1.7(e)(2) of the New York Industrial Code. With regard to slip and fall accidents, this important law also requires that owners and general contractors comply with Rule 23-1.7(d) to keep the entirety of the work site free of slipping hazards. Under Labor Law Section 200, the owner and general contractor can be held liable for a slip and fall accident or trip and fall accident on a job site if (i) they had prior notice of the condition that caused the accident and failed to remove it before the accident occurred, or (ii) they directed and controlled the specific work which ultimately resulted in the accident.

In trip and fall or slip and fall accidents on construction sites, the most commonly liable parties are the general contractor of the job and the owner of the property on which the construction job was ongoing when the accident happened. General contractors and owners of job sites in the Bronx and elsewhere in New York are required under state law to make sure that job sites are kept in a reasonably safe condition, and that workers are provided with adequate protection against the special hazards that exist on a construction site. They are also obligated to provide certain safety equipment for workers doing their jobs at elevation and workers performing particularly dangerous tasks like excavation. A construction company that does not meet these requirements can be called to account for any accidents that happen as a result.

Property owners, including owners of job sites, owe anyone on the site – especially their construction workers – a “duty of care” to ensure that the premises are maintained in a reasonably safe condition. That includes clearing cluttered walkways, drying slippery surfaces, and shoveling snow and ice that could prove hazardous. It also means warning people of any safety hazards on the site of which the owner knows or would know if they conducted a reasonable inspection. Our attorneys can help you determine whether a slip or trip and fall may give rise to this type of claim.

A person injured on the job also has the right to seek workers’ compensation benefits. The workers’ compensation program is a form of insurance to which any injured worker is usually entitled if they are injured as a result of their work. Employers contribute payments so that cash benefits are available in the event that a worker is hurt during the course of his or her job. The benefits cover at least a portion of your missed earnings and all of your related medical costs. You do not need to show that your employer was at fault to obtain these benefits.

Talk with a Construction Site Accident Lawyer in the Bronx Today

At Jesse Minc Personal Injury Law, we are dedicated to helping clients get back on their feet after a construction site accident or another injury on someone else’s property. Our attorneys have been successful in court or at the negotiating table in more than 95 percent of our cases. We assist people throughout Manhattan, the Bronx, Brooklyn, Queens, and Nassau, Suffolk, and Westchester Counties. We provide free consultations and do not charge a fee in many cases unless we are successful. Call us at (718) 354-8000 or contact us online. Se habla espanol.