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Identifying liability in construction injury cases

On Behalf of | Jul 13, 2023 | Construction Injuries, Workplace injuries

Construction sites are fraught with danger. Collapsing structures, electrical wiring, large equipment, unsafe equipment and passing vehicles are regular, present hazards.

The complexity of construction sites differentiates this industry as well. If a worker sustains injury, besides their employer, the property owner, other contracting companies and manufacturers of equipment and machinery may be held responsible.

Construction workers sustain multiple burns at Bronx construction site

As reported by Norwood News, a nonprofit, community newspaper serving the northwest Bronx communities, in mid-May, four workers on a construction site were caught in a flash fire that inflicted burns on exposed areas of their faces, hands and arms.

One worker was treated onsite and the other three were taken to a hospital and admitted to the burn unit.

Counsel was retained and filed a lawsuit against the companies who supervised the workers, ran the construction site, and owned the building and the property. The claims include negligence and violations of the building code and NYS construction safety code.

Indeed, the suit cites violations that the New York City Department of Buildings issued after investigating the accident. The responsible entities failed to:

  • Safeguard persons and property affected by construction violations
  • Provide proof that injured workers had been trained for working in confined spaces
  • Provide manufacturer’s specification for using highly inflammable products
  • Conduct a pre-shift safety meeting
  • Provide FDNY permit for using a propane torch

The company that hired the workers on behalf of the developers is not named in the suit.

Prevailing in a third-party claim will allow the workers to recover a higher level of economic damages as well as noneconomic damages such as pain and suffering.

In the meantime, the workers continue to be entitled to workers’ compensation. If they recover damages in this third-party claim, they’ll have to return a portion of the workers’ compensation benefits received.