Construction accidents can lead to devastating injuries and even death. But knowing that an accident was due to a building code violation and wasn’t truly an “accident” is particularly disheartening. An injured worker might feel as if there was nothing they could have done to avoid the incident and blame the property owner or construction manager for their role in the violation.
When building code violations lead to accidents, the property owner or other parties may be liable for damages. An NYC construction accident lawyer can help injured workers understand their rights and options.
Common Examples of NYC Building Code Violations on Construction Sites
Buildings are required to meet certain minimum standards to protect public health and safety for those who enter and work on the premises. Common building codes pertain to a property’s structural stability, fire safety, accessibility, and environmental impact.
When a building’s design or construction violates building codes, construction workers can be at risk of injuries while working on the property. The NYC Department of Buildings (DOB) enforces building and construction codes across the city and conducts inspections after complaints of possible violations.
Common violations that can lead to construction site injuries may include:
- Lack of fire safety measures, such as missing sprinklers, faulty smoke detectors, or blocked exits
- Unsafe stairways, including issues such as missing handrails, inadequate lighting on stairs, or broken steps that lead to tripping hazards
- Structural hazards, such as unstable flooring or deteriorating walls
- Electrical hazards, like exposed live wires or inadequate ground-fault protection
Building code violations could also refer to violations of NYC construction laws that put workers at risk. Examples include:
- Unsafe scaffolding
- Unsecured ladders
- Inadequate site safety plans
When any building or construction code violations are present while workers are performing construction work, they can quickly be at risk of accidents.
If you suspect that building code violations were at play in your construction accident, speak with an NYC construction accident lawyer. They can assess the circumstances of your accident and help you understand your options.
What Happens When a Building Code Violation Leads to Your Construction Accident?
It’s natural to look for a reason why you were injured at work. In some cases, construction accidents are truly accidents that cannot be attributed to any party beyond the injured person. For example, even with the right safety measures and protective gear in place, a worker could fall from a ladder or even trip over their own feet and become injured.
However, when an injured worker can attribute their accident to a certain cause, they may be able to seek compensation from the party that was liable for that oversight. Construction accidents involving building code violations can give rise to personal injury claims against the negligent party.
To have a valid personal injury claim, you would need to prove that:
- El demandado le debía un deber de diligencia.
- The defendant breached the duty of care.
- An accident occurred due to the breach.
- You experienced injuries in the accident.
The construction industry sees more fatal work injuries in New York City than any other industry, according to the Bureau of Labor Statistics. Being a construction worker is inherently dangerous, but these workers still have the right to certain workplace protections that safeguard them against injuries.
Who Is Liable for Building Code Violations That Lead to Injuries?
To understand whether you have a personal injury claim after a construction accident, you first need to assess whether a party was liable for your damages. In building code violation accidents, several parties might be liable, such as:
- Contractors and subcontractors responsible for poor workmanship or construction defects
- The property owner or landlord for failing to maintain the premises to the necessary building standards
- Engineers and architects for creating building plans that violate building codes
For accidents involving violations of construction law, the construction manager may be responsible. But in New York, you generally cannot hold your employer directly liable for injuries you sustain on the job. You would instead seek a workers’ compensation claim.
Your Options for Seeking Compensation After a Code Violation Accident
If you can tie your construction accident to a building code violation, you may wonder about your options for seeking compensation. An NY construction accident attorney can help you explore your rights and options after being injured at work.
Indemnización por accidente laboral
If your accident happened while you were performing your job duties, you likely have the right to file a workers’ compensation claim. This is a no-fault system, meaning you can still qualify even if you were technically responsible for your own injuries.
Workers’ compensation can reimburse you for your medical bills and pay for a portion of your lost wages while you recover. The majority of employers in NY are required to carry workers’ compensation coverage, so this benefit is likely accessible to you. If you need help filing a claim or your employer is not cooperating, a construction accident lawyer in NYC can assist you.
Third Party Lawsuit
If a party outside of your company was responsible for the building code violation that led to your accident, you may be able to pursue compensation through a third-party personal injury lawsuit. You may even be able to seek compensation through both a workers’ comp claim and a third-party lawsuit, but the lawsuit would only include damages not covered by the initial claim.
A personal injury lawsuit can enable you to seek both economic and non-economic damages. Economic damages reimburse you for the costs arising from the accident, such as:
- Salarios perdidos
- Facturas médicas
- Future medical expenses
- Pérdida de capacidad de ganancia
Meanwhile, non-economic damages help make up for the emotional toll of the accident, such as pain and suffering or loss of quality of life.
What To Do After a Building Code Violation Accident on a Construction Site
If you are only planning to pursue a workers’ compensation claim, collecting evidence may not be entirely necessary after your accident. You don’t need to prove fault to qualify for workers’ comp. However, your NYC construction accident lawyer may advise you to collect evidence at the accident scene even if you aren’t planning to pursue a third-party lawsuit.
Taking photos of the accident scene or requesting copies of security camera footage can help you prove exactly how the accident happened, tying it back to a building code violation. You can also ask any witnesses to write down their accounts of what happened for you to use in a later case.
Next, it is important to seek medical attention promptly after a workplace accident. This can provide you with documentation of your injuries and help tie them directly to the accident. If you are planning to file a workers’ comp claim, you may not need to pay any of your medical bills upfront, as the medical practice can bill the workers’ compensation insurance carrier directly.
Finally, meeting with a construction accident lawyer is a helpful next step, especially if you are recovering from serious, life-altering injuries. Your attorney can help you explore your legal options for seeking compensation and holding the party responsible for the building code violation liable. They can also guide you through the compensation process and handle many key steps on your behalf while you recover.
Speak With a New York Construction Accident Lawyer Today
Were you injured in a construction site accident involving a building code violation? William Schwitzer & Associates, PC, has the requisite experience to provide qualified legal guidance.
Review our construction accident documentation guide to understand the types of documentation that can be helpful in your case. If you are ready to learn more, request a free case evaluation with our NYC construction accident lawyers today by calling 212-683-3800.
Preguntas frecuentes
What is the statute of limitations for NYC construction accident claims?
The statute of limitations for construction accident claims is generally three years from the accident date. If you are filing for workers’ compensation, you must notify your employer of the incident in writing within 30 days, and then you will have two years to submit a formal claim. Your NYC construction accident lawyer can help you understand all relevant deadlines.
Can you sue your employer after a construction accident involving building code violations?
You generally cannot sue your employer for injuries sustained at work, including construction accident injuries. Instead, you can submit a workers’ compensation claim and seek compensation for medical bills and lost wages that way. You may be able to submit a lawsuit against a third party that was responsible for the accident, such as a contractor or architect. Speak with an NYC construction accident lawyer to learn more about your legal rights and options.
What is the leading cause of fatal injuries for construction workers?
OSHA cites that the leading causes of fatal injuries for construction workers are falls, struck-by accidents, caught-in/between accidents, and electrocutions. Specifically, as much as 38.5% of construction industry deaths were due to falls in 2023, as cited by the Bureau of Labor Statistics.
