Ask any New York construction accident attorney and you will hear that construction sites are rife with dangers. On September 23, a construction worker in New York fell victim to a workplace accident and he paid with his life. The worker, 27-year-old Rodalfo Vasquez-Galian of Jersey City, was trapped beneath a concrete slab – weighing thousands of pounds – and killed.
Vasquez-Galian was working on a project to turn a parking lot into a hotel for developer Sam Chang’s McSam Hotel Group. Though the exact way the accident happened is not known, New York City Buildings Department commissioner Rick Chandler said that the digging at the site “compromised the foundation of the neighboring building”, leading to the slab’s collapse. Over the years, McSam has built the reputation of building a chain of budget hotels on a budget; some say the company cut corners in safety and it racked up a string of construction site violations.
New York construction accident liability
According to the Occupational Safety & Health Administration, there are almost 6.5 million people working on U.S. construction sites on any given day. And the rate of fatal injuries for the construction industry is higher than the fatal injuries for all other industries. From equipment injuries to falls from heights to collapses and failures of equipment and structures, there are dangers all around so property safety precautions are imperative.
Not only are construction sites surrounded by physical dangers like scaffolding, explosives, cranes, and heavy industrial equipment, but they are often accessible by many different parties who may create dangerous conditions. In addition, there are several different state laws that affect when, how, and from whom, an injured worker may recover.
Some of the issues that may come up include:
- Worker’s compensation – A construction worker’s injuries may be covered, in whole or in part, by worker’s compensation. But in the cases of severe injury, this may not be enough. And if the injured worker recovers for the injury from a third party, he or she may need to repay whatever workers’ compensation paid because it has what is called a subrogation lien.
- Strict liability – If a contractor violated one of the many safety codes designed to protect workers and the violation led to the worker’s injury, the contractor may be strictly liable and the worker will not need to prove fault.
- Comparative negligence – In cases where the worker must prove that the contractor or a third party with control over the premises was negligent, that party can reduce its liability by showing that the worker was also negligent and that comparative negligence contributed to the injury.
Contact a NY construction injury lawyer
With so many variables involved, it helps to have an expert New York construction accident attorney on your side. If you are the victim of an accident, or have lost a loved one, call Edelman, Krasin & Jaye to discuss your rights.
Our attorneys will help you fight for justice and the compensation that is due. For over 60 years, our team of attorneys and specialists has been fighting for our injured clients. Our thousands of satisfied clients have appreciated our personalized attention, thorough investigation, and expertise in the area of New York injury law. Call 1-800-469-7429 for a free consultation.