Construction Injury Attorney New York - New Jersey
NY & NJ Construction Injury Lawyer Consultaton via Email or phone:(877) 965-3237Depending on whether were speaking about large commercial or residential construction or even a small do-it-yourself project for an individual homeowner, the structure workers deal with dangerous conditions on a daily basis. Falling from high places, being hit construction vehicles and equipment, being cut by saws and nail guns and high-speed drills, or being struck by flying debris etc. as well as dealing with chemicals such as asbestos and carbon monoxide are all common causes of injury for the construction worker of the 21st-century. Most recently courts have recognized injuries caused by repetitive movements such as lifting and striking a hammer on a nail.
In recent years, almost all jurisdictions have put in to place laws that are meant to protect not only the homeowner or the resident of the project which is been constructed, but also the workers. In spite of these heroic efforts to minimize construction accidents, thousands of construction workers in New York and New Jersey are injured every year on the job. Very often, in certain jurisdictions a construction worker can recover against the owner of the property in addition our place of workers compensation.
If you or someone you love has been injured as the result of a construction accident besides getting medical care, the next step would be to contact a competent attorney in New York and New Jersey can give you an honest estimation of your possible recovery and the proper course of action to ensure maximum recovery compensation for your injuries.
General Discussion: Who in fact can be liable for construction injury?
Depending on the project involved, a construction project in New York and New Jersey can involve a multitude of individuals such as, the landowner, the architect and structural engineers, the construction managers, the primary contractors, subcontractors (the sub’s) in the building or construction company. Depending on the size of the operation there may be several layers of contractor subcontractors and corporations. Thus, there may be several parties that are available to sue to ensure maximum recovery for your construction accident in New York and New Jersey.
Larger construction sites usually involved a lot of delegation, for example from the property owner to the general contractor, to the subcontractor, to the actual construction workers. In general the degree of legal liability for accidents and construction site is largely dependent on the extent to which the party being sued had control over the activities in question which caused the injury.
In order to determine which party may be liable for injuries resulting from a construction accident, it is helpful to look at the general duties and legal responsibilities of each party involved. Let us first begin with the property or construction site owner. The first thing to look at as the amount of control that the construction site owner transfers to the independent contractor. It is important to note that the landowner may not be considered the owner of the property, and may not therefore be liable during the construction. It is necessary to examine the legal documents granting title to the site owner to determine whether the owner is liable during construction.
And now a word about Gen. contractors and subcontractors: the general and subcontractor are required to provide a safe working place for construction workers. The construction site must be free of any defects or hazards or, at the least workers must be warned of hazards, and the contractors and subcontractors take all reasonable efforts to protect its workers from hazards, for example providing hardhats, flashing lights and moving vehicles, signage and alarms, designed to alert workers to hazards.
Regarding, prime contractors, they share similarities with both the general and sub-contractors; it all depends on the specific construction which is being performed at a given location. When the general contractor has overall responsibility for the construction project, that prime contractor will remain responsible for any work that he delegates to subcontractors.
Architects and Engineers can also be liable for construction injuries as we mentioned above.
It is obvious that an architect or engineer can be liable if they make mistakes and the design of a construction project which caused the injury in question. For example, if the upper floors are too heavy to be supported by the lower infrastructure of the building, the building collapses on the workers, then it is clear that the engineer and/or architect are liable for their negligence. Architects and structural engineers maintain insurance to cover the cost often for their negligence in designing and/or planning construction projects. An architect or structural engineer can be held liable for any damages arising from their failure to design a construction project in a way which is considered professional and proper according to the standards of the industry.
Very often, the injury on a construction site in New York and New Jersey was caused by the manufacturers of machinery or equipment which caused the injury. The legal theories of products liability and strict liability often applied under the context of a lawsuit brought against the construction equipment manufacturer.
It is self-evident that almost every party involved in the construction project must carry insurance. For example the owner of the property may cover a homeowners policy, on umbrella policy or any other policy which may be the source of recovery in a construction injury happening when working on residential property. It is very important to determine early on in the case coverage levels of each party was possibly responsible for the injury New York and New Jersey.
Especially in situations involving major construction projects, often the parties involved will be required to carry ample insurance coverage. For example, the owner or property manager may be required to carry premises or property liability insurance; and the general and/or sub-contractor may need workers' compensation, commercial general liability, and employer's liability insurance. The insurance coverage of each respective party involved in a construction project, and the extent of that coverage, are important issues when assessing legal responsibility for a construction injury.
A word about OSHA Safety Regulations: in 1970 the United States government passed the Occupational Safety and Health Act: otherwise known as OSHA. This federal act is been adopted by most states and some form and thus, the safety regulations detailed and that act are applicable in individual states such as New York and New Jersey at construction sites. If a contractor or subcontractor or, whoever was responsible for the work conditions at the time of injury, is held to have violated OSHA regulations, then a case of negligence in a construction injury case may be automatically established. In other words if the contractor or subcontractor were any other party responsible breaks the safety rules, and some of those injured, then it may be a very easy case to prevail on against the responsible party.
The first thing to do if one is injured in a construction accident is to get medical attention for the injuries. It is very important to go to a proper doctor and not for example to a chiropractor or some quack or disreputable “healer.” The next step should be to contact the comp lawyer is your construction injury in New York or New Jersey. It is also very important while your memory is fresh, the documents all the workers supervisors, subcontractors and contractors involved. The more preparation you do before bringing the case to legal action, the better chance the attorney will have in getting a bigger recovery.
NY & NJ Construction Injury Lawyer Consultaton via Email or phone:(877) 965-3237