I was working on a job site installing rough plumbing. I tripped and fell on some debris from another trade left at the worksite and seriously injured my knee. Can I make a claim for my injuries?
Yes, you can make claims. The important thing to remember about construction accidents are the two different claims you must make. First, you make a claim to get your medical bills and lost wages replaced through Worker’s Compensation. The second claim you make is for your pain and suffering through the Labor Law in a Supreme Court case.
There have been several posts identifying the issues for Compensation Claims. First, you must notify your employer within 30 days after the accident. Second, you have to file for Worker’s Compensation benefits through the Compensation Board within two years. As indicated in my prior posts, you apply online for Worker’s Compensation benefits. Apply for Worker’s Compensation benefits as soon as possible so that you can start treatment to make you better. A prompt Worker’s Compensation claim will also help get your lost wage benefits started earlier.
The second claim is for your personal injuries. Only a third-party action against an owner and general contractor at the job site will pay you for your personal injury claim. Compensation only reimburses medical and lost wages. You bring your claim under Labor Law section 241(6).
Industrial Code
As indicated an earlier post, you must prove a violation of an administrative code section pertaining to specific safety violations to make a claim under Labor Law 241(6). In this particular case 12 NYCRR 23–1.7(e)(1) specifies that “passageways” must be kept free from accumulations debris and other tripping hazards. Debris and other tripping hazards are at the site. Even though tripping hazards may be caused by another trade, the owner and general contractor on the job site have a non-delegable duty to keep passageways clear so that trades like plumbers can walk safely.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.