Many construction workers wonder if they’re entitled to more than just workers’ compensation for injuries they sustain at work. In some circumstances, it is certainly possible and even encouraged to pursue legal claims. While the nature of construction is inherently hazardous, companies are required by law to take specific steps to protect their employees from preventable injury. If it can be proven that your company failed to provide adequate safety or equipment, you may be able to take your case to court.
Negligence and the Duty of Care
Construction job sites involve dozens of entities and individuals, from companies and vendors to engineers and architects, both on-site and off-site. If any of these persons or companies involved had a responsibility to act reasonably and safely toward you and your injury was caused as a result of their failure to do so, an attorney can help you determine if you have a case. Examples of negligence on construction job sites include:
- Falls from equipment that was improperly erected
- Exposure to toxic chemicals or gases due to improper equipment maintenance or operation
- Provision of unsafe equipment
- Injuries caused by the reckless driving of a heavy machinery operator
Product Liability Lawsuits
In some cases, injuries on construction sites are caused by equipment that was erroneously sold by the manufacturer with a critical defect. Manufacturers have a duty to provide safe, intact products, particularly when the reliability of the product is critical to the health and safety of the user. Companies are required to undergo rigorous steps to ensure product integrity throughout the manufacturing process, and if it becomes evident that they failed to ascertain its sound design at any point, they can become subject to a product liability lawsuit. If you hold that the tool you were provided was unsafe at the point of distribution or sale and you were using it as intended when you suffered your injury, you may be able to take the responsible entity to civil court.
New York construction workers understand the dangers they assume when taking on their jobs. Injuries and accidents can occur, and sometimes no one is at fault. However, because of the high risk involved with construction work, it’s important for manufacturers and employers to take specific precautions to ensure the safety of personnel whenever possible. In fact, legal regulations require some of these precautions, and if you feel that you were injured as a result of an individual’s or company’s failure to abide by them, Leav & Steinberg LLP can help you determine if you have a case. Contact our Manhattan office today at 212-766-5222 for your free legal consultation.