Construction Accidents: January 2010 Archives

January 30, 2010

Slip, Trip and Falls- Construction Accidents in New York

Construction site.JPGAs a New York construction accident lawyer, I am familiar with the various Labor Laws that apply to accidents which cause personal injury on New York construction sites. For slip and fall or trip and fall accidents, Labor Law 241 is most often used. But Labor Law 200 is often overlooked.

Labor Law 200 requires landowners on construction site to provide workers with a reasonably safe place to work. An owner of real property has a duty to maintain the property in a reasonably safe condition, even while it is under construction. The Courts have recognized that landowners of construction sites in New York are required to correct dangerous conditions on construction sites.

While Labor Law 200 requires the owner to exercise control over the manner of the work where it is alleged that a dangerous method of work caused the personal injury. Labor Law 200 has two standards for determining a property owner's liability. The first is the authority to supervise the work when a plaintiff's injury arises out of defects or dangers in the methods or materials of the work. The second standard is applicable to worker injuries arising out of the condition of the property rather than the methods or manner of the work. However, control over the work is not required under Labor Law 200 based on a dangerous condition.

Under section 200, if a worker slips or trips and falls on a dangerous condition, for example, a slippery substance, unstable boards, or materials in the walkway, the landowner is liable if they knew or should have known about the condition and failed to remedy it. Stated differently, an owner of a construction site is responsbile when the owner created the dangerous condition causing an injury or when the owner failed to remedy a dangerous or defective condition of which he had actual or constructive notice.

New York construction accident lawyers who represent construction workers who sustain personal injuries should alternatively plead Labor Law 200 violations. Michael Joseph is a New York and Westchester construction accident attorney who has represented workers who sustain personal injury all over New York and Westchester, including the Bronx, Brooklyn, Queens, Manhattan, Yonkers, White Plains, New Rochelle, Ossining, Mamaroneck, Bronxville, Scarsdale and Hartsdale.

If you were injured in a construction accident, call the New York construction accident lawyers today.

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January 23, 2010

New York Construction Accidents

As a New York construction accident lawyer, I have represented workers injured in construction accidents all over New York City including the Bronx, Brooklyn, Manhattan and Queens. The laws which protect New York construction workers were enacted by the New York legislature to place the responsibility for construction accidents on the general contractor and owner of the New York construction site.

Ironically, with the current economy dampening the amount of construction in New York City and White Plains the conditions which predispose construction sites to construction accidents have increased because owners and contractors are cutting corners to save money. Unfortunately when these construction project managers and owners cut costs, construction site safety is often the first thing cut. This often results in construction injuries caused by violations of New York's labor laws.

As a New York City construction lawyer, I have seen countless preventable injuries on construction sites, which have caused serious personal injuries and even fatalities. If you were injured on a construction site in Manhattan, Queens, Brooklyn, the Bronx or Staten Island, then New York's labor laws apply and you need to consult with an experienced New York construction accident lawyer.

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January 17, 2010

Lawyer For Construction Accidents in Yonkers

Michael Joseph is a Westchester construction accident lawyer who has handled numerous construction accident cases in Yonkers, New York. I have noticed that in Yonkers, alot of home owners are doing construction projects to turn their homes into investment homes.

Michael recently obtained a half a million dollar settlement for an injured worker who fell from a make shift scaffold in Yonkers. As this trend continues, we will expect to see more construction accidents in Yonkers.

Unfortunately since these Yonkers construction sites are often not run like commercial sites, safety is being ignored and jobs are being done in a quick and careless manner. Michael Joseph is a Westchester construction accident lawyer who is based in White Plains and stands ready to fight for those injured in Yonkers construction accidents.

If you were injured in a Yonkers construction accident, you need a Westchester construction accident attorney to aggressively represent you.

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January 1, 2010

New York Construction Injuries and Undocumented Workers

Immigrant.jpgMichael Joseph has handled numerous construction accidents for undocumented workers. Michael Joseph has obtained fantastic results for these undocumented workers.

As a Westchester construction accident attorney, I am seeing more and more construction accidents involving undocumented workers. Many employers attempt to avoid their responsibilities to their injured workers by either promising to take care of them or have them deported.

The Workers Compensation laws protect undocumented workers regardless of their immigration status. Employers are required to report all injuries which require which require medical treatment. Also they are required to provide the injured employee with their workers compensation information.

If employers do not have workers compensation, the injured employee can sue them. Also New York Courts have permitted undocumented or illegal aliens to sue the land owners and general contractors for labor law violations. The New York Court of Appeals has held that undocumented workers can sue for their injuries. The only reason that immigration status can be introduced is for earning potential.

If you were undocumented and injured, do not be afraid to sue for your injuries. Michael Joseph is a White Plains construction accident lawyer who has represented undocumented immigrants involved in accidents in Yonkers, Mamaroneck, White Plains, Port Chester and Ossining.

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