Eight construction workers in Brooklyn fell more than twenty-five feet from the third floor before hitting the ground. According to the New York Daily News, a neighbor recounted, “I saw a few guys go in, and I remember telling them, ‘Be careful because the building is unstable.’ Later, I saw a guy running out to get his cellphone from his car to call 911. They were working in there. I could hear.”
The workers may contact a New York construction accident attorney to inquire as to whether or not a lawsuit is warranted.
Brooklyn construction site accident
Apparently, the workers and the owner of the construction company ignored the neighbor’s prophetic warning and entered the building. While working on the third floor, at about 1:00 p.m., the structure gave way and eight men fell with the collapsed floor through the second floor building components before hitting the ground level. Paramedics arrived on the scene and pulled the men from the decrepit structure.
Another neighbor recounted the scene, “A lot of men were laying on the ground,” she said. “Some were bleeding. They were taken out of the building. It was bad.”
Reportedly, “None of the injuries appeared to be life-threatening.” However, according to the Daily News, the “workers were seriously injured,” and some of the men were taken to Kings County hospital for further treatment.
The accident took place at 1916 Prospect Place in Brooklyn. The workers were seemingly performing demolition activities when the building’s third level came down.
Who is liable for the workers injuries
Typically, construction site accidents that warrant a lawsuit in New York are the result of one or more party’s negligence to keep the working conditions safe. For example, if the owner of the building knew that the structure was unsafe and allowed workers to enter the building, he or she may be liable. If there were a general contractor or prime contractor, they may also be liable. The employer is usually not held liable when their workers are injured while working.
Employees who are paid legally are protected by workers compensation when hurt on the job. Workers compensation is insurance typically paid by both the employees and the employer. The insurance covers a worker’s medical expenses and lost wages. The insurance protects both the employer and the employee.
Many construction accidents are a result of negligence. Owner’s, general contractors, prime contractors, consultants, and construction managers may be partly or fully liable if they are contractually responsible for the overall project. Federal and state laws require the owner or an owner’s representative to ensure that the contractors they hire follow safety laws such as maintaining safety plans, hazardous communication, and much more.
OSHA and the New York Department of Buildings are investigating the accident.
Why file a construction accident lawsuit in New York
The New York Labor laws – sections 200, 240, and 241(6) – specify an obligation of the owner and/or the owner’s representative to use reasonable care when maintaining a job site.
Section 240, referred to as “Scaffolding Law,” specifically addresses provisions for workers injured while working on scaffolding, ladders, ropes, and other devices. The law holds the owner and/or owner’s representative strictly liable if a worker is injured as a result of inadequate or missing safety equipment. Section 241(6) holds the general contractor and/or the owner liable if they fail to ensure the project complies with the New York State Industrial Code.
Workers who are injured on job sites are often left in financial ruin because workers compensation only covers a percentage of lost wages and medical expenses. If a person has been in a construction accident, it may be prudent to contact a New York construction accident attorney.
NY personal injury attorneys at EKJ Law can help
Since 1952 Edelman, Krasin & Jaye has aggressively represented our clients rights by embracing a valued tradition of maintaining sharp focus on our client’s needs and providing them with the professional and caring legal representation they deserve. If you were hurt on a construction site, contact us to learn more about filing a construction accident lawsuit in New York.
Call for a free consultation at 800.469.7429 or 516.742.9200.