Construction accident settlements are among the highest in personal injury lawsuits. This is mainly due to the severity of injuries sustained on construction sites, where metal objects and hazardous machinery are often present. To obtain maximum recovery, certain steps must be taken by a construction accident attorney to prove a case. Besides familiarity with a client’s injuries, an attorney requires knowledge of the specific New York State laws and regulations necessary to prove the case.
Experience with both will ensure a client obtains the full extent of monetary damages for their injuries. One of the most important steps an attorney will take is investigating the accident to determine what happened. This involves speaking with people who were with the injured worker at the time of the accident. The closer in time to the accident you speak with witnesses, the easier it will be to get an accurate description of how the accident occurred.
Witnesses Can Help Your Construction Accident Settlement
Speaking with witnesses is also important to verify the parts of the body that the client claims were injured due to the accident. For example, if your client was struck by a falling cinder block and is claiming head injuries, a witness can confirm:
- What struck the client on the head,
- Whether they were wearing a hard hat,
- Whether they lost consciousness, and
- Whether they were bleeding due to the impact.
A client with a head injury may not recall these details, which can complicate negotiations regarding the settlement amount. When negotiating with an insurance company, they may doubt a client who cannot remember what happened. Observations from a witness can substantiate the client’s injuries and demonstrate why they should be compensated.
Knowledge of State Labor Laws
A construction accident lawyer trying to settle a case must also be well-versed in New York State laws applicable to construction accidents. One such law is Labor Law § 240(1). This statute protects construction workers from gravity-related risks, such as falling from a height or being struck by a falling object.
Proving a violation of this law can significantly aid in settling a case.
The statute holds construction site owners and general contractors strictly liable for violations of Labor Law § 240(1), regardless of whether they had hands-on control of the work. Even if the injured worker was partially at fault for the accident, this law does not account for contributory negligence.
A violation of this law can result in an injured worker obtaining full recovery for their injuries. Another critical law that construction accident attorneys must be familiar with when negotiating a settlement is Labor Law § 241(6). This law holds a construction site owner or general contractor liable for a worker’s injuries if there was a violation of a section of New York State’s Industrial Code (Rule 23).
The Industrial Code includes numerous sections requiring that workers be protected from:
- Overhead hazards,
- Falling hazards,
- Tripping and slipping hazards, and
- Dangers during all phases of construction, demolition, and excavation work.
Knowledge of these sections is crucial, particularly in cases such as slip/trip and fall accidents or trench cave-ins where Labor Law § 240(1) may not apply. An attorney must, therefore, understand which sections of the Industrial Code were violated and how these violations caused the worker’s accident.
Labor Law Section 200
A construction accident attorney must also be familiar with Labor Law Section 200. Under Section 200, contractors are required to provide reasonable and adequate protection for the health and safety of workers at construction sites. This includes providing a safe working environment when they have the authority to control the activity that caused the injury.
A general contractor can be held liable under this section if they control the work site and are aware of a dangerous condition that led to the accident. The duty to provide a safe working environment includes identifying dangers that could have been detected through regular site inspections.
To maximize recovery from a construction accident settlement, it is essential to have an attorney who is knowledgeable about the law. To win your case, you need an attorney who knows what is required. Our attorneys have years of experience in understanding the Labor Laws. The personal injury attorneys at The Platta Law Firm are dedicated to securing the highest construction accident settlements for your injuries. Contact us today.
