1) Historically,
which trades have experienced more injuries under these
State Laws?
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While every worker, on a construction job site, faces
injury risks every day, certain jobs generate higher
injury statistics. These include plumbers, pipe fitters,
powerhouse workers, carpenters, transit system workers,
concrete & foundation laborers, window washers,
painters, pointers, tunnel workers, roofers, electricians,
iron workers, general laborers, floor installers, bricklayers,
sheet metal workers, heating and ventilation installers
and others.
2) Generally, who is primarily
responsible to make the workplace safe under State
Law?
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The building owner and general contractor are absolutely
liable for the safety of every worker at the job site.
In other words, the law may hold them 100% responsible
if a worker is injured because of an unsafe scaffold
or faulty ladder.
3) Do State Law protections cover
only accidents from ladders and scaffolds?
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Short answer - No. State Law requires that working
and walking areas are free from construction debris
and sharp objects that can cause tripping or puncturing.
Additionally, regulations exist for proper lighting,
securing trenches, floor openings for pipes and vents.
4) What types of sharp objects
and tripping hazards are covered by the State Law?
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Scraps of metal, nails, screws, angles, metal studs,
wire mesh, tools and any other sharp objects that
can cause tripping or cutting when left unattended
or in work areas or walkways, are violations of the
workplace safety laws.
5) What type of financial remedy
is available to an injured worker under the State
Law?
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Workplace injuries tend to be serious due to the hazardous
nature of the work. Lost wages and benefits can be
very substantial when a worker is seriously injured.
Therefore, the settlements and jury awards for violations
are usually significantly higher than other accident
victims to reflect the work site environment.
6) Are elevators and elevator shafts
regulated under State Law?
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There is a special statute protecting individuals
working in elevator shaft ways, hatchways and stairways
of buildings under construction or demolition. Specifically,
sound planking, at least two inches, must be laid
across the openings not more than two stories above,
nor more than one story below the opening.
7) What is the Statute of Limitations
for construction site actions?
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In New York State, most personal injury cases have
a three-year Statute of Limitations calculated from
the date of the accident. However, there are specialized
cases with shorter time frames (i.e. medical malpractice,
2 ½ years; and wrongful death, 2 years). For example,
if an accident in the workplace occurred on March
15, 2000, the case must be put into suit by March
15, 2003.
8) Do any special requirements
exist when bringing a construction site suit against
a municipality?
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If you are injured on a city-owned construction site,
or city facility, because of a defective ladder, scaffold,
tripping hazard, or injured because of an unsafe work
practice, then you must file a Notice of Claim within
90 days from the accident. Failure to file a Notice
of Claim against the municipality within this time
frame usually means your suit will be dismissed. After
filing the claim, your legal action must be commenced
within one year and ninety days rom the accident.
For example, if a municipal sanitation truck knocked
over a scaffold injuring a worker, the municipality
would be a Defendant in the case and the above time
periods would apply.
9) Is my financial recovery for
a construction site injury always limited to the Workers’
Compensation payment schedule?
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Not necessarily. Only when the employer’s negligence
is the sole cause of a worker’s injury is the financial
compensation limited to the Workers’ Compensation
amount. Every case where a worker is injured should
be carefully evaluated, by an attorney, to determine
the cause and financial responsibility to the injured
worker. If a party, other than your own employer,
is responsible for your accident, a “third-party action”
may be brought to recover for the pain and suffering
experienced.
10) What should I do if I am injured
at a construction site or workplace?
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Because a construction site is a constantly-changing
environment, it is particularly important to consult
with an attorney almost immediately concerning your
injury, so that a thorough site investigation may
begin, photographs taken and witnesses interviewed.
Time is critical to keep conditions as intact as possible
and witnesses’ memories fresh.
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