Construction sites are inherently dangerous, as workers face a variety of hazards each day. Among the most severe and often devastating types of accidents are caught-in and caught-between incidents.
A caught-in accident occurs when a worker is trapped inside or under machinery or equipment, such as being pulled into a machine’s moving parts. A caught-between accident happens when a worker becomes trapped between two objects, such as between a collapsing structure and the ground. These accidents can result in serious injuries, ranging from broken bones to amputations and even fatalities.
Can a New York construction worker who has been injured in such an accident pursue a personal injury lawsuit?
New York labor laws and construction site safety
Under New York Labor Law, particularly Section 240 and Section 241, property owners and general contractors have a legal responsibility to ensure a safe working environment on construction sites. These laws specifically address scaffolding, ladders and other fall protection devices, but they also have broader implications for worker safety.
Labor Law Section 240, known as the “Scaffolding Law,” requires that property owners and general contractors provide proper safety equipment to protect workers from falling hazards, but it also places liability on them for accidents caused by failing to provide adequate safety measures. This means if a construction worker is injured due to inadequate safety precautions—such as a lack of safeguards to prevent workers from being caught in or between equipment—they may be able to hold a property owner or general contractor liable for the accident.
Additionally, Labor Law Section 241 requires that construction site owners and contractors comply with specific safety standards set by the New York State Industrial Code. If an accident resulted from a violation of these safety standards, the injured worker may have grounds for a lawsuit.
Pursuing a personal injury lawsuit
For those who have been injured in a caught-in or caught-between accident on a New York construction site, pursuing a personal injury suit may be an effective way to recover compensation for medical bills, lost wages, pain and suffering and other damages. New York’s labor laws often provide an avenue for workers to seek compensation directly from the general contractor or property owner, even if workers’ compensation is also available. In these cases, workers may pursue a third-party lawsuit in addition to or instead of a workers’ compensation claim, allowing them to secure greater financial recovery.
Navigating the legal process can be complex, and construction workers injured in caught-in and caught-between accidents need to seek legal guidance so that they can make informed decisions about exercising their rights under the law.
