Negligent Supervision
Construction Accident Lawyers Serving New York Workers
Working on a building site in New York City and elsewhere can be a highly dangerous proposition. Heavy equipment, falling objects, safety violations, and other hazards often lead to severe harm or tragic death for a construction worker. If you or a loved one has been harmed on a building site, you should contact a knowledgeable attorney. The Law Office of Michael H. Joseph, PLLC has more than a decade of experience helping victims of construction accidents in New York, including Manhattan, Queens, Brooklyn, the Bronx, and State Island. Our attorneys can help you build the strongest possible case to assert your right to compensation.
Seeking Damages for Negligence on Building Sites
Welding, crane, scaffolding, electrical, and chemical accidents commonly occur on construction sites. Although many of these events are preventable, safety can take a back seat to time and financial pressures. As a result, construction supervisors, building owners, and general contractors in the state of New York have a duty to ensure that all employees who are working on a building site are kept reasonably safe from any hazardous conditions there. In order to accomplish this, construction site supervisors are generally required to be aware of the state and federal safety regulations and procedures that were created to prevent unnecessary harm to workers. Normally, a foreman or forewoman is also responsible for ensuring that everyone working on a construction site complies with those safety requirements through monitoring and training activities.
A claim of negligent supervision may arise when an individual who is in charge of a building site fails to reasonably monitor or control the actions of a worker, and someone is hurt. If a site supervisor does not perform his or her safety monitoring and compliance duties properly, the general contractor, developer, or owner of the building site may be held responsible for any harm that resulted from his or her negligent supervision. For example, if a supervisor notices a worker is using a saw without the proper safety guards in place and fails to correct the hazardous condition, that person likely can be held liable for negligence.
Since Section 200 of the New York Labor Law codified the common law negligence principles that would normally apply to a construction accident, a building site worker who was injured as a result of negligent supervision may be entitled to collect compensation for his or her lost wages, medical expenses, pain and suffering, and other damages without being required to prove fault. Construction employees who were hurt at work typically have up to three years from the date of their harm during which to file a claim. If a lawsuit is not filed within this time period, a victim usually will be permanently barred from recovering any damages for his or her injuries.
Similarly, the personal representative of a building site employee who was killed in a workplace accident may be entitled to seek financial compensation for any damages that the deceased person would have recovered if he or she had lived, in addition to funeral expenses. A wrongful death lawsuit must normally be filed within two years from the date of the loss. Since the time frame during which a negligent supervision or wrongful death lawsuit may be filed is limited, you should contact a knowledgeable injury lawyer as soon as possible following a construction accident.
Discuss Your Building Site Injuries with a White Plains Attorney
Construction workers in New York face a higher risk of suffering a job-related injury or death than individuals who are employed in most other industries. If you or a family member was hurt near White Plains as a result of an employer’s failure to provide adequate safety measures, the Law Office of Michael H. Joseph, PLLC, may be able to help. Our veteran work injury lawyers are available to help you protect your rights and pursue fair compensation for your harm. At the Law Office of Michael H. Joseph, PLLC, we provide quality representation to clients who were hurt and the relatives of those who were killed while working on building sites in Westchester County and throughout the state of New York. To schedule a free consultation with an experienced advocate, please contact the Law Office of Michael H. Joseph, PLLC through our website or give us a call toll-free at (877) 580-6636.