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Westchester Construction Accident Attorneys

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

If you were injured in a construction accident, you are entitled to New York State workers compensation benefits which 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 New York State Workers Compensation Law. We have experienced workers compensation and Longshore Harbor Workers Compensation attorneys in our office that can guide you through the process.

In addition, 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.

Among the most common cases our attorneys see are falling workers and falling object cases. 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 prevent workers who have to work at unprotected heights from the effects of gravity and protects workers from objects falling onto them. 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 include every type of structure including buildings, bridges, poles, stores, malls and public buildings such as schools. The law requires that construction workers be provided with adequate scaffolds and ladders to protect the workers on the site. The law also requires that fall protection be provided including harnesses, lines, lanyards or nets. The law also requires that stays, hoists, slings, hangers, blocks, pulleys, braces, irons and ropes. Where a worker falls from a height, including over an excavation or off of 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 White Plains construction accident lawyers have extensive experience in representing construction workers injured in municipal projects. Municipal projects have a lot of 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 (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.

In Westchester our construction accident lawyers have handled a number of 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 attorneys have successfully utilized a number of loopholes to the single family homeowner exception to bring cases within Labor Law 240, where many lawyers initially thought it was not 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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