Who Could be Held Responsible If I am Hurt on the Job at a Construction Site?

Construction work is one of the most dangerous jobs in the country, and employees at worksites risk their lives every day. Unfortunately, injuries are common in this industry. If you have been injured while working on a construction site, you are likely wondering, who can be held responsible? 

Under New York law, owners and contractors, or those responsible for ensuring the safety of a construction worksite have the obligation to provide a safe workplace for employees, so employees are entitled to a safe working environment. Violation of this law is considered negligence and the supervisor can be held responsible for the injuries and losses that occur as a result of the violation. 

The law provides legal protection to construction workers. Under the statute, the construction site owner, landlord, or other party that is responsible for supervision and control can be held liable for worksite injuries if negligence is found to have been the direct cause of the injury. 

A third-party lawsuit, in which someone other than your employer may be held responsible for causing your injury, could also help your case. In this situation, the owner of the building or the land, the general contractor, the sub-contractor, the seller, or the manufacturer or lessor of a machine could be held liable for your injuries. 

For example, if you fell off a ladder or scaffolding while working at a construction site, under New York Labor Law Section 240, you can sue the owner of the building and the owner of the land. If you are working for a subcontractor, you may be able to sue the general contractor and/or a different sub-contractor as well as the owner of the building or land.

However, in order to hold the owner or contractor liable for damages, the following must be established: 

• There was a dangerous condition on the worksite or something dangerous with the way the work was being performed
• This dangerous condition was the proximate cause of the accident
• The owner or contractor was aware, or should have been aware, of the dangerous condition
  The owner or contractor was supervising or in control of the work being performed or the dangerous condition

If you or a loved one has been injured on a construction site, you may have questions regarding your specific case. A skilled attorney at Goldstein & Bashner could assist you in filing your claim. Do not hesitate to call one of our lawyers for a consultation.