Injured Subcontractor Liability

Have you been injured on the job in New York? Check out this video about injured subcontractor liability, then call our office to learn more about your case


I was working as a subcontractor at a construction site and received a severe injury. What are my rights against the owner and general contractor in a lawsuit?


Injured Subcontractor Liability We often get the question, “Do I have a claim against the general contractor and the owner when I am involved in and suffer serious injuries from an accident on a construction site while in the course of my employment with a subcontractor?” This question means you’re working for a subcontractor, and you’re seriously injured, and you want to prosecute a claim against the general contractor and the owner of the property. The answer is, very much so, yes, depending on the fact pattern and what happened.

There are certain situations where 240 of the Labor Law comes into play. That’s dealing with issues of gravity, such as falling from a ladder or falling from a scaffold. If you’re able to prove your case, you’ll be able to go after the general contractor and the owner, even if they are in no way involved in the work that you were doing at the time and even if they did nothing wrong. As a general contractor and as an owner, they would be responsible, if you’re able to prove certain aspects of how you fell from that ladder or scaffold.

There’s also what’s called 241 (6) of the Labor Law, and that gets into what’s called Industrial Code Violations. If you can show that there was a violation of one of those industrial codes, you very well will have a claim against the general contractor and the owner of the property.

I got a call the other day from an old client who called me about his son. His son was walking down the street and he suffered a serious injury when a piece of equipment from a construction site came off the site, bounced, and hit him in the head. The issue was that there was no fencing. In New York, there is require to be fencing around the construction site to prevent equipment and whatever they may be doing inside the construction site from affecting and causing injury to a pedestrian who might be walking along that sidewalk. The very quick answer was, yes, there is definitely a claim against the contractors who were involved in the construction, as well as a claim against the owner of the property, and there may be a claim against others who may have somehow been involved in the construction that was going on.

Have you been seriously injured on a construction site and have questions about injured subcontractor liability? Contact experienced New York Construction Accident Lawyer at the Law Offices of Brian J. Elbaum today for a legal consultation to learn what your case is worth.

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