Introduction to Trial Talk: Michael Joseph’s Insights on Construction
Can Undocumented Workers Sue for a Construction Accident?
The construction industry in New York employs a significant number of undocumented workers who are often hesitant to seek legal help due to fears about their immigration status. However, in New York, the law protects all workers, regardless of their immigration status. If an undocumented worker is injured on the job, they are still entitled to workers' compensation benefits.
New York courts prioritize worker safety above immigration status, ensuring that all workers, including undocumented individuals, have the right to work in a safe environment. Construction site owners, contractors, and employers are held responsible for maintaining safe working conditions, and they must provide workers’ compensation for all workers, regardless of immigration status. Additionally, these employers and contractors are required to adhere to safety laws that protect everyone on site.
Who Is Responsible for Providing Workers’ Compensation on Construction Sites?
In New York, the employer or the party that hires a worker—whether undocumented or not—is responsible for providing workers' compensation. However, workers can also take legal action against the general contractor or the landowner in the event of unsafe equipment or practices on a construction site, with some exceptions like one- or two-family homes used as primary residences. On most commercial job sites, general contractors have a duty to ensure that tools, equipment, and the worksite are safe. If a worker is injured due to unsafe conditions, they can sue the general contractor or the property owner who is responsible for the unsafe site.
Understanding New York’s Ladder Law (Labor Law 240)
New York’s Labor Law 240, also known as the ladder law, mandates that construction site owners and general contractors provide safe ladders, scaffolds, and tools for workers who are working at heights. This law is specifically designed to protect workers from the hazards posed by gravity.
A ladder might violate the ladder law if it is too short, unstable, or improperly secured. For instance, using a six-foot ladder to reach a high area and standing on the top step can make the ladder unsafe. Similarly, if a ladder slides because it isn’t properly set up or lacks support, it violates the law. The ladder law is not limited to ladders but extends to any equipment or methods used to work at heights safely.
Can You Sue for Injury Caused by a Defective Ladder?
Yes, if you are injured on a construction site due to a defective ladder or inadequate safety measures, you can sue the general contractor and the property owner. Even if your employer provided the defective ladder, the general contractor is ultimately responsible for providing safe equipment on the site. This means you have the right to take legal action against the contractor or landowner.
Does Comparative Fault Affect Liability Under the Ladder Law?
Under New York's Labor Law, comparative fault does not prevent workers from suing for injuries caused by unsafe conditions, including faulty ladders. Even if the worker is partially responsible for the accident—such as not properly securing the ladder—the law can still apply if the ladder was inherently unsafe. For example, if a worker set up the ladder, but it slid due to a slippery surface or improper placement, the contractor is still responsible for not providing a safe work environment.
Liability for Falling Objects on Construction Sites
Labor Law 240 also covers injuries caused by falling objects on construction sites. If materials or tools fall from a height and injure someone below, the general contractor and property owner can be held accountable. Construction sites are required to use protective measures like nets or chute systems to prevent debris from falling. Inadequate safety measures, such as lifting heavy materials without a hoist or improperly secured objects, are violations of the law.
General Safety Regulations for Construction Sites
Labor Law 240 focuses on protecting workers from gravity-related hazards, such as falls and falling objects. However, Labor Law 241 addresses additional construction hazards, such as tripping, slipping, or being struck by swinging loads. The Industrial Code includes specific regulations that outline how to keep workers safe from foreseeable hazards. Construction companies are required to clear pathways, secure equipment, and provide safety protocols for workers handling materials. These laws exist to prevent accidents that can be avoided with proper safety measures.
What to Do After an Accident on a Public Construction Site
If you are injured on a city, county, or public authority construction site in New York, it is crucial to file a notice of claim within 90 days of the accident. Failing to do so may prevent you from being able to file a lawsuit later. If you were injured on a public job site, this step ensures your legal rights are preserved. In addition to the 90-day notice requirement, workers have one year and 90 days to file a lawsuit, which is shorter than the general three-year statute of limitations in New York.
What If My Boss Doesn’t Have Workers’ Compensation Insurance?
If you are injured on a construction site and your employer does not have workers' compensation insurance, you may still be able to file a lawsuit. New York offers an Uninsured Employers’ Fund that can provide benefits. If workers' compensation insurance is unavailable, you can pursue a legal case against your employer, even if they lack coverage. Additionally, the absence of workers’ compensation removes the comparative fault defense, meaning the employer cannot argue that the worker contributed to the accident.
The Importance of Contacting an Attorney After a Construction Accident
It is essential to consult an attorney if you are injured on a construction site. An experienced attorney can help document the accident, file necessary claims, and ensure your rights are protected. Many construction companies try to cover up accidents or deny responsibility, so having an attorney from the outset can help prevent these tactics from undermining your case. Moreover, if you're injured on a public job site, the attorney can assist in filing the notice of claim within the required 90-day window.
The Fear of Reporting Construction Accidents
Workers, particularly undocumented immigrants, often hesitate to report accidents due to fear of losing their job or not being able to find future work. Construction companies also encourage workers not to report injuries, as this helps the company avoid higher insurance premiums and legal responsibility. However, it is crucial to report accidents immediately to protect your rights and ensure you receive the compensation you deserve.
Conclusion
Construction accidents can lead to serious injuries, and knowing your legal rights is essential to ensure fair treatment and compensation. Whether you are injured due to unsafe equipment, inadequate protection, or falling objects, New York law provides avenues for seeking justice. If you find yourself in such a situation, contact a knowledgeable attorney to help you navigate the legal process and protect your rights.
