Demolition accidents in New York can result in catastrophic injuries or even death. Materials and tools used for demolition are often dangerous. These can include wrecking balls or explosives. Sometimes debris is sent in all directions harming those without proper protection or standing too close. When injuries are severe, workers may face permanent long-term disabilities. They may no longer be able to provide for themselves or their families. Their lives may be changed irrevocably. If you were injured or a loved one was killed in an accident, you should call White Plains demolition accident lawyer Mark A. Siesel.Demolition Accidents
Demolition accidents may involve a range of scenarios. Injuries may be sustained due to workers falling from scaffolding, falling from ladders, falling objects, explosions, traumatic brain injury resulting from lack of hard hats, defective jackhammers, toxic gases, chemical exposures, live wires resulting in electrocution, and lack of bracing protocols. Generally, if you are injured in the course and scope of your employment, your recourse is workers’ compensation benefits. However, workers’ compensation benefits may not cover all your losses arising out of an accident and will not cover any pain and suffering or loss of enjoyment occasioned by your injuries. New York has special rules for construction accidents, including demolition accidents that allow workers and lawful visitors to a site to sue for damages. An experienced attorney can assist you in figuring out what kinds of damages you may be owed.Section 200
Labor Law section 200 codifies a negligence standard for owners and contractors. They are supposed to provide a reasonably safe work environment for both employees and visitors to the site. Sometimes a demolition accident is the result of dangerous or defective work conditions, but in other cases, it is the result of the way in which demolition is performed. A property owner can be held accountable with the assistance of a demolition accident attorney in White Plains if it either created the dangerous condition that caused a demolition accident, or if it knew or had reason to know about the dangerous condition that caused a demolition accident and yet failed to repair or issue warnings. If the method or materials of demolition caused injury and a contractor or owner was actually and particularly authorized to dictate the work performance, it may also be possible to hold the person or entity accountable under section 200.Section 240
Section 240 is informally called the “Scaffold Law.” It protects construction workers involved in demolition from the dangers related to working at heights or being hit by falling objects at heights. Demolition accidents covered by this section may implicate the use of scaffolds, but may also involve hoists, cranes, ladders or forklifts. Property owners and contractors are supposed to give workers appropriate equipment to guard against falls. When equipment is not provided or doesn’t work, the property owner or contractor can be held absolutely liable. Unless the worker is 100% liable for a demolition accident involving heights, his damages will not be reduced with application of this law, even if he is partially to blame. To recover damages under Section 240 for injuries caused by a demolition accident, your White Plains demolition accident attorney will need to show: (1) you were injured while exposed to height-related dangers on the job, (2) the defendant is an owner or contractor covered by section 240, (3) there was a violation of section 240(1), and (4) the violation caused your injuries.Section 241(6)
Under New York Labor Law section 241(6), areas where demolition is occurring should be conducted, operated, arranged, guarded, equipped, shored or constructed with an eye towards giving adequate reasonable safety and protection to those working there or who are lawful visitors to the site. The Commissioner makes detailed rules under Part 23 to effectuate the purpose of section 241(6). Owners and contractors are supposed to comply with these rules. Under section 23-3.2, for instance, before demolition is started, all the glass in the exterior openings of a structure to be demolished should be removed. An owner or contractor can be held accountable for a rule violation that causes injuries.Retain a Lawyer in White Plains
Whether you are a construction worker or visitor who was injured in a demolition accident in the New York City area or the Hudson River Valley, you should discuss your case with seasoned attorney Mark A. Siesel. You may be able to file a lawsuit under Section 200, 240 or 241(6) for damages. We represent clients who need a demolition accident lawyer in the White Plains area or in Queens, the Bronx, and Brooklyn, as well as throughout Westchester, Putnam, Kings, Orange, Dutchess, Sullivan, Rockland, and Ulster Counties. Contact us at (914) 428-7386 or complete our online form.