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Liability in Workplace Building Collapse Accidents

It’s important to figure out exactly who may be liable for your accident. There may be more than one liable party for a botched demolition or collapse. They should all be held responsible. If you don’t name everyone liable, you may not get the compensation you deserve.

Some parties who may be liable in partial or total building collapse include:

  • General Contractors – If the materials supplied on the construction site were inadequate or workers did not receive proper oversight, a general contractor may be to blame.
  • Subcontractors – If the subcontractors on the construction site did their jobs improperly, such as welding or support beams, they might be held liable for building collapse injuries.
  • Engineers – If engineers did not correctly calculate building requirements, such as how much weight a floor can hold, they might be responsible.
  • Architects – If there is a flaw in the way a building was planned that results in a collapse, the architects might be to blame.
  • Demolition Foremen – A foreman should guide every stage of building demolition. If they fail to coordinate things properly, they may be responsible for damages.

How Demolition Accidents Happen on a NYC Job Site

Various factors can impact the structural integrity of a construction project in New York City. Some common causes of building collapse include the following:

  • Floor or ceiling collapses
  • Improper demolition procedures that do not comply with safety protocols
  • Changes during construction that deviate from blueprints and architectural plans
  • Inclement weather, such as excess snow buildup or severe winds
  • Poorly placed construction materials
  • Unsafe or inadequate building materials
  • Design or engineer failures

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Compensation in NYC Building Collapse Accidents

Compensation in NYC Building Collapse Accidents

If you are injured on the job, you may have two options for recovering compensation to help you move forward with life – workers’ compensation and a New York City personal injury lawsuit.

Filing A Workers’ Comp Claim in NYC

If your employer or a coworker is to blame, you will likely be able to file a workers’ compensation claim. This will cover all your medical expenses and some of your lost wages. You can also get disability compensation. You cannot get money for non-economic damages such as pain and suffering from a workers’ comp claim.

Filing a Third-Party Lawsuit in a Construction Accident

If a third party had a part in the collapse of the building, you could file a third-party personal injury lawsuit. This will allow you to collect compensation for all of your damages. Hecht, Kleeger & Damashek P.C. can help you recover:

  • Past and future medical costs
  • Lost wages (even if you’ve already gotten some payment from workers’ comp)
  • Loss of earning capacity
  • Disability
  • Disfigurement
  • Pain and suffering
  • Mental anguish
  • Emotional distress
  • Loss of consortium (spousal relationship)

In some cases, you might be able to get punitive damages, which are meant to punish the wrongdoer. This is often the case if someone fails to comply with established New York City Labor Laws or their actions are especially egregious.

NYC Building Codes for Demolition

Chapter 33 of the NYC Building Code addresses building demolition and construction safeguards. It establishes the following:

  • Maintenance of the site
  • Soil and foundation work
  • Material placement and installation
  • Demolition
  • Protection of pedestrians
  • Protection of unenclosed perimeters
  • Requirements for the construction or demolition of major buildings
  • Explosive powered and projectile tools
  • Explosives and blasting
  • Flammable and combustible mixtures and other hazardous materials/toxic chemicals
  • Scaffolds
  • Structural ramps, runways, and platforms
  • Hoisting equipment
  • Material hoists and bucket hoists
  • Personnel hoists
  • Cranes and derricks
  • Material handling equipment
  • Construction site safety training

Every New York construction site must comply with these building codes. Contractors should also appoint a safety inspector to ensure NYC building codes are followed.

During construction or demolition, it is also likely that an inspector from the Occupational Safety and Health Administration (OSHA) will visit the site. If an inspector finds that a construction site violates a code, the General Contractor or site owner may be responsible for fines, and they may be shut down until compliance occurs.

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Call HKD After Your NYC Building Collapse Injury

If you were injured in a building collapse on a New York City worksite, you have options for compensation. You need to act fast to recover the compensation you need and deserve. Hecht, Kleeger & Damashek P.C. has a team of NYC legal professionals with experience handling cases like yours.

Call HKD today at 212-490-5700 or use the contact form for a free consultation. There’s no fee unless we win.

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