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Westchester Construction Accident Attorneys

The attorneys of the Law Offices of Michael H. Joseph, PLLC are among the most experienced construction accident attorneys in Westchester County. Our attorneys have handled every type of construction accident imaginable. From the illegal alien day laborer who is injured while constructing a home, to the union worker on a large municipal project, to the worker who falls during a bridge renovation project, our Westchester construction accident attorneys have seen it all.

If you were injured in a construction accident, you are entitled to New York State workers’ compensation benefits that will cover your lost wages and medical bills. If you were injured in a maritime project on a pier, dock, or other maritime area, then you are entitled to federal benefits under the Longshore Harbor Workers’ Compensation Act, which provides higher wage benefits than the New York State Workers’ Compensation Law. We have experienced workers’ compensation and Longshore Harbor Workers’ Compensation attorneys in our office who will guide you through the entire process. Our Westchester construction accident attorneys are here for you!

Additionally, injured construction, demolition, and excavation workers are entitled to sue the landowner and general contractor for a violation of New York Labor Laws. These lawsuits allow injured construction workers to recover substantial monetary damages for pain and suffering, disability, lost wages, and fringe benefits.

Falling worker, and falling object cases are among the most common types of cases our attorneys see on a regular basis. These cases fall under Labor Law 240, which requires that landowners of a construction project, and the general contractors, provide adequate protection and devices to protect any workers who are required to work at unprotected heights from falling, and to protect them from falling objects as well. New York’s Labor Law 240, which is commonly called the ladder law or the scaffold law, requires that the landowner and general contractor provide proper protection to all persons, including subcontractors, who are employed in the construction, excavation, and demolition of a structure. Structures are defined as every type of structure, including buildings, bridges, poles, stores, malls, and public buildings such as schools. The law requires construction workers be provided with adequate scaffolds and ladders to protect workers on the site. The law also requires that fall protection be provided, including harnesses, lines, lanyards or nets, stays, hoists, slings, hangers, blocks, pulleys, braces, irons, and ropes. If a worker falls from a height, including over an excavation or off a bridge, or because a ladder, plank or scaffold collapses, the landowner or general contractor is strictly liable for the construction worker’s injuries.

Our Westchester construction accident attorneys have extensive experience representing construction workers injured in municipal projects. Municipal projects have many nuances that other labor law cases don’t. For example, to pursue a labor law case against a city, town, village, or public authority, such as a bridge or tunnel authority, a transportation authority (such as MTA) or the Port Authority, a notice of claim must be filed within ninety days of the accident. Additionally, there is a shortened statute of limitations period for a labor law case against a municipality. A lawsuit must be filed within a year and ninety days of the accident.

Our Westchester construction accident attorneys have handled numerous cases involving falls from roofs, falls from pump jack scaffolds, and other types of residential construction accidents. In general, one and two family houses are exempt from the labor laws. However, our Westchester construction accident attorneys have successfully utilized a number of loopholes to the single family homeowner exception, to bring cases under the auspices of Labor Law 240, in situations which many other lawyers incorrectly thought it could not be covered. For example, one little known caveat is that the exception only protects owners, but not contractors, so while you cannot sue the owner of a one or two family home, you can sue a contractor who contracted to provide labor on the site. Likewise, the exemption doesn’t apply to investment houses, which are becoming more prevalent in areas with heavy immigrant populations such as White Plains, Ossining, Elmsford, Yonkers, Tarrytown, New Rochelle, Port Chester, Mount Vernon and Sleepy Hollow.

From our downtown White Plains location, we can quickly get to any construction site in Westchester or Rockland County to take pictures before the scene changes.


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