Construction sites are a constant presence in Buffalo and around the state. While necessary for economic growth, these areas are filled with hazards that can cause serious injuries. Whenever a person is injured on a construction site, they have the right to seek compensation. However, the legal route these individuals must take depends upon their status as visitors to the site or employees. Employees must seek compensation for their injuries through workers’ compensation claims. This can provide payments for medical treatment as well as benefits to cover lost wages. However, an employee injured on a construction site may also have a viable claim against a third party other than their employer. This may include, but is not limited to the site owner, general contractor, or certain sub-contractors. These claims typically must be pursued through the filing of a lawsuit.
All visitors to construction sites may file traditional personal injury lawsuits to demand compensation. In either scenario, a Buffalo scaffolding accident lawyer may be able to help. Our attorneys are ready to investigate the role of scaffolding in an injury and fight to help all injured individuals obtain the compensation they deserve.
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Scaffolding Injuries and Labor Laws
Construction sites are notoriously dangerous workplaces. Unfortunately, accidents often occur in work zones that cause catastrophic injury or death to workers through no fault of their own. Thankfully, New York Labor Law protects workers under sections 200, 240, and 241 when specific criteria are established.
Under New York Labor Law 200, owners and contractors have a duty to provide a safe working environment. This means they must ensure the work site is equipped and operated in a manner that gives workers reasonable and adequate protection from injuries.
To hold owners liable for not providing a safe place to work, the injured party must establish that the owner had actual or constructive “notice” of the dangerous condition that caused the accident and injuries, but did not warn them of the hazard. For example, if an owner or contractor knew that scaffolding had rusted or loose connections and did not warn the worker who fell from the structure due to its unsafe condition, that owner or contractor could be held legally liable for the resulting damages. A skilled Buffalo attorney can help individuals who sustain harm in scaffolding accidents establish who is at fault for their incident and gather and present evidence to support this.
Scaffolding Injuries Involving Visitors on or Near Construction Sites
Anyone who suffers an injury while on or near a construction site while not working there must pursue a claim through traditional personal injury laws. Specifically, they must file a lawsuit using premises liability law. These laws examine the reasons for the visitor being on the land, whether the landowner permitted them to be there, and the owner’s actions that led to the injury.
Property owners are generally responsible for keeping their land reasonably safe for all lawful visitors. As a result, an invited visitor to a construction site who suffers an injury because of collapsing scaffolding must show that they had a right to be on the property and that the construction company was negligent in allowing the event to occur.
A scaffolding accident attorney in Buffalo can help individuals injured while visiting construction sites understand their rights and file claims when appropriate. We also work to help people who endure injuries as passersby on sidewalks or in neighboring buildings. It is critical to get started on a case immediately. New York Civil Practice Law & Rules § 214 sets a statute of limitations of two years on claims seeking compensation for personal injuries due to accidents. In some circumstances, this time limit could be even shorter, as is the case when a municipality owns the property where the event took place.
Speak with a Buffalo Scaffolding Accident Attorney Today
Construction sites are dangerous places even when a person acts with the highest level of caution. Accidents can cause long-lasting injuries, emotional trauma, and financial hardship. Depending on an injured individual’s status as a visitor or an employee, their legal options to collect compensation for these damages vary.
A Buffalo scaffolding accident lawyer can help determine the best course of action for a particular situation and will offer support and guidance through every step of the process. CallRichmond Vona, LLC, to get started.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
