If you are in construction then you are in a job of high risk for injury. If you are injured on a construction site, then you will probably have a case for a Construction Accident Lawsuit and there are some very good reasons for this. Construction work often requires a person to work at a higher elevation than most jobs. This poses a higher risk than most jobs and it is a proven fact that construction kills more than 362 people a year. These falls often occur on ladders, scaffolds and roofs, but can happen anywhere there is construction.
A statute has been provided for just such falls by the New York State law that provides special protection for those exposed to such dangers while working at heights and these heights do not need to be more than several feet. The reason for this is that when you fall from a height, the severity of the injury from the fall can be very great and given that you are working in less than desirable safety conditions and are compelled to work under heights leaves the project manager or general contractor primarily responsible to make sure the site is as safe as it can be.
The statue law 240, also known as the “Scaffold Law’, places the responsibility directly on the general contractor or owner of the site. If they fail to provide you with proper safety equipment or safety devices to guard you against the risks presented while completing a task at heights, they could be held liable. There are several examples covered by this law such as the use of ladders. A fall from ladders constitutes 41% of all falls so therefore they should be checked to make sure the proper ladder is used for the proper job. They should be checked for steadiness, being structurally safe for the appropriate job, and that the rungs are skid free. In the case of scaffolds, they must be constructed and mounted with strict weight limits in mind. The common causes of falls from scaffolds are plank slippage and support failure.
If you fall for any of the reasons above, then you or your spouse is entitled to sue for the impact your fall may have on your life or your family’s life. The Scaffold Law also covers other things such as a third party that might be hoisting things and let it fall on you. The blame will only be put on you if you have failed to follow explicit instructions on the job for your own safety and even then the third party must prove without a doubt that you absolutely refused the use of a safety device offered.
Construction work is a very serious and dangerous job and although some of us have to work on these sites, it there is also the responsibility of the job site to ensure we are safe. If you find yourself injured working in construction, then you have no choice but to contact a lawyer and this is best done from the beginning. They are well trained in what to investigate to make sure that the blame goes right where it belongs. None of us like to sue, but if you are injured it could mean not only your lifestyle changed by this, but also the lifestyle of your whole family. Not only would you have to suffer the pain of the injury itself, but also the financial burden of not being able to work and this can have a major impact on you and your family. Your recovery time could take months or years and that endangers the financial stability of your family as well as yourself.
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