Green construction projects have environmental, social, and economic advantages. However, construction workers may not share in the potential benefits of sustainable construction. In fact, workers on sustainable construction projects face risks that are different from those on traditional job sites.
Fortunately, New York and New Jersey labor laws protect workers injured in all types of construction accidents, allowing them to seek compensation with the help of an experienced construction accident lawyer.
Why Construction Workers May Face Increased Risk of Injury on Sustainable Construction Sites
Green building practices aim to minimize environmental impact, but these practices may introduce new dangers for construction workers, such as:
Unfamiliar Tasks, Materials, and Technology
Sustainable construction often involves tasks not found in traditional projects, such as installing solar panels, green roofs, or innovative insulation systems. Workers may not be as familiar with the handling, installation, or hazards of these materials, increasing the likelihood of accidents.
Working at Heights with New Equipment
Many sustainable features, like solar arrays and eco-friendly roofing, require workers to operate at significant heights using unfamiliar tools and materials. This can increase the risk of falls, one of the leading causes of construction injuries and fatalities.
Exposure to Hazardous Substances
Some green building materials, such as certain types of insulation, may contain substances that pose health risks to workers who handle or inhale them. Adequate training and protective gear are essential to mitigate these hazards.
Inadequate Safety Training
Safety training may not happen as quickly as sustainable construction methods evolve. Workers might not receive sufficient instruction on handling new materials or navigating unique job site conditions, leading to preventable accidents and injuries.
Protecting New York and New Jersey Sustainable Construction Workers
Despite the risks, workers on green construction projects have the same rights and protections under New York and New Jersey labor laws as those on traditional construction sites. This includes the right to a safe work environment, proper training, and compensation for job-related injuries.
Some of the relevant New York laws include:
- NY Labor Law 200. This law requires sustainable and traditional construction site owners and general contractors to provide workers with a safe workplace.
- NY Labor Law 240. New York Labor Law 240, known as the "Scaffold Law," imposes liability when workers are injured due to falls from heights or being struck by falling objects, regardless of the building materials used.
- NY Labor Law 241. This law allows injured workers to sue for New York Industrial Code violations and sets specific safety standards for all types of construction sites.
New Jersey has also enacted laws to protect construction workers from job-related injuries. The state's standards establish guidelines employers must follow to maintain a safe work environment.
Workers' Compensation and Third-Party Claims
If you're injured on a sustainable construction site in NY or NJ, you may be entitled to workers' compensation benefits, which cover medical expenses and lost wages. In some cases, you may also have a third-party claim against a negligent property owner, contractor, or equipment manufacturer.
What to Do After a Sustainable Construction Accident
If you've been injured in a green construction accident, take these steps to protect your rights and health:
- Seek medical attention immediately, even if your injuries seem minor. Some conditions may not present symptoms right away.
- Notify your employer about the accident as soon as possible, in writing if possible. This creates a report of what happened that may be useful in a workers’ compensation claim or lawsuit.
- Document the accident scene, your injuries, and any relevant information. Take photos, gather witness statements, and keep copies of medical records and expenses.
- Consult with an experienced construction accident lawyer who understands the unique aspects of sustainable building projects. They can help you navigate the legal process and pursue the compensation you deserve.
Potential Damages in a Sustainable Construction Accident Claim
Depending on the circumstances of your accident, you may be entitled to various damages, including:
- Medical expenses, both current and future
- Lost wages and earning capacity
- Pain and suffering
- Disability or disfigurement
- Wrongful death benefits (if a loved one was killed)
An experienced construction accident attorney can help you determine the full extent of your damages and fight for the maximum compensation available under New York or New Jersey law.
At Hofmann & Schweitzer, our experienced New York and New Jersey construction accident attorneys understand the unique risks workers on sustainable building projects face. We're committed to fighting for the rights of injured workers and their families, ensuring they receive the support they need to move forward after a devastating accident.
