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Law Office of Cohen & Jaffe, LLP

Who Pays for Injuries on a Construction Site?

When someone is injured on a New York construction site, the injuries can be catastrophic. From brain injuries to amputations, construction site accidents can be some of the worst injuries handled by accident lawyers. What makes them even worse is the complex system of laws one must navigate in order to be properly compensated. A Long Island accident lawyer can help ensure you do not overlook key elements of your case.

Workers’ Compensation

Sometimes accidents do happen and no one is necessarily to blame. In many situations, however, someone has indeed been negligent in some way, thereby causing the injury. Still, regardless of fault, New York workers’ compensation laws are designed to compensate for injuries to employees on the job.

Negligent Construction Site Owners and Contractors

In New York, general contractors and the owners of property where construction is permitted have certain specific requirements. Where indicated, they must provide “scaffolding, hoists. stays…and other devices” to provide for the safety of the public and those working on the site. (See Labor Law Sect. 240).

Likewise, New York labor laws require that “all areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places.” (See Labor Law Sect. 241(6)).

Many construction workers are told not to use scaffolding or subcontractors are told it is their responsibility to provide appropriate safety measures that are legally the responsibility of the contractor or owner. Sadly, negligent contractors and owners frequently put their employees and subcontractors in great jeopardy by ignoring legal safety requirements.

What if I do Not Know Who the Owner or General Contractor is?

Large construction projects often include dozens of contractors and subcontractors. Many companies maintain numerous limited liability companies and corporations, designed to protect them from exposure to liability in the event of a serious injury. Experienced personal injury lawyers in Long Island can research the facts and work to determine which individuals or companies are ultimately responsible for the injury.

Similarly, many companies attempt to pay employees as contractors by issuing 1099s, rather than withholding taxes. Depending on your relationships to the contractor or owner of the site, you may have a claim for worker’s compensation, general civil liability, or both. These issues should be discussed with a knowledgeable attorney.

What Happens if I am Paid “Under the Table?”

Many victims of workplace accidents are afraid to pursue a claim for their injuries because they receive unclaimed (“under the table”) compensation for their labor. This is unfortunate because all workers deserve to be treated fairly and receive compensation for their injuries. The Law Offices of Cohen & Jaffe, LLP have over 100 years of combined experience pursuing justice for injury victims.

Hiring a Long Island Construction Accident Lawyer

A Long Island construction accident lawyer can review the facts of your unique case and help you determine whether you should file a claim for worker’s compensation or whether your injuries were caused by the negligence of a property owner or contractor. Sometimes, more than one party is responsible. If you are injured at work, do not give a statement to insurance adjusters or employers. First, get the medical treatment you need. Next, call the experienced injury attorneys of the Law Office of Cohen & Jaffe, LLP to schedule your free consultation today.

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