A 46-year-old Queens man was crushed to death between a forklift and a flatbed truck at a construction site in Brooklyn, an accident that reinforces the dangers faced every day by construction workers across New York State.
The worker was pinned after the forklift, which was loaded with scaffolding pipes, overturned. Reports from the site indicated that the worker was walking between the truck and the forklift when it overturned.
“Workplace injuries can happen anywhere at any time, but construction sites constantly provide new dangers to employees, even when they are not involved in the work leading to the injury, as was the case here,” said Joseph P. Awad, a New York construction accident lawyer with the law firm Silberstein, Awad & Miklos, P.C. Workers that are injured, or the families of workers killed, on job sites in New York have several avenues through which they make seek compensation. Injured workers often seek workers compensation payments. Workers compensation is insurance that most employers are required to carry that will pay for work-related injuries, whether that payment is for medical bills, lost wages, or both. An employer who provides workers compensation benefits is protected by law from being sued for work site injuries by his employees.
Additionally, workers may seek to hold the general contractor, a subcontractor or the owner of the property liable through negligence claims in court. If the worker believes that their conduct created a dangerous workplace, or if the worker believes that their actions in training or preparation or otherwise led to his or her injury, they may seek recovery through a lawsuit against them or any other individuals or companies believed to be involved. Furthermore, there are circumstances involving the failure to provide adequate safety equipment such as choruses, ladders, scaffolds, and other devices which may make the general contractor, subcontractor or owner absolutely liable for the construction worker’s injury.
Just as employees have different methods of recourse, the GC, a subcontractor or the owner of the property can seek to shift responsibility to the worker. Unless your attorney is able to point out the statutory responsibility under labor Law section 240, the employee’s responsibility may be called into question. In any negligence lawsuit in New York, a defendant is entitled to argue that the negligence of the plaintiff caused or contributed to the injuries of the plaintiff and proof of the plaintiff’s negligence will reduce their claim accordingly. New York allows recovery for the negligence of defendants even in the presence of some injured workers negligence.
Any claims for workplace injuries or negligence must be instituted and litigated by an attorney experienced in both workers’ compensation and negligence claims, and any person injured at work must take the steps to ensure that their rights are protected.
