Is The Foreman Responsible for All Injuries on the Floor?

A construction foreman, or on-site supervisor, is tasked with managing daily operations on a work site. This involves keeping workers on schedule, ordering materials, and evaluating plans. Even the training of personnel falls on their shoulders. The foreman reports to the general contractor, who oversees the entire project.

While everyone’s job duties may be clear, if a worker is injured, determining liability can be complex. A mix of New York labor laws, the Industrial Code, and case law governs legal accountability. Even if a foreman was present at the time of your injury, you will likely be pursuing a workers’ compensation claim or personal injury suit.

At Lipsig, Freund & Wisell, PLLC, our legal team has years of experience representing injured construction workers in the five boroughs. If you or a loved one has been injured on a construction site, our New York City construction accident attorneys are here to advocate aggressively on your behalf.

Property Owners

The property owner of a building or construction site does have an obligation to ensure that labor laws are being followed and workers are kept safe. Even though property owners are not overseeing employees and safety protocols, they do attend progress meetings and will regularly walk through the construction site. Under New York Labor Law §200, property owners have a general duty to keep workers safe if they have actual or constructive knowledge (should have known) of a potential hazard or have created the danger.

General Contractors

Section 200 of the Labor Law also applies to general contractors. For example, if a general contractor sees an employee improperly operating a power saw and fails to correct it, they may be held accountable for any resulting injuries. In other words, liability may be imposed when a contractor has control over the work performed.

The state’s Industrial Code ranges from requirements for eye protection and guards on power tools to specifications for ladders and scaffolding. Section 241(6) of the New York Labor Laws requires owners and contractors to comply with the Industrial Code regulations. However, a §241(6) claim must be supported by a specific Industrial Code requirement, not one that is vague in nature. If an Industrial Code violation can be identified, we may be able to hold a general contractor or property owner responsible for your injuries.

Employer

Virtually every business with at least one employee is required to carry workers’ compensation insurance. Workers’ compensation insurance protects your employer from liability while also providing wage replacement, medical expense reimbursement, and permanent disability benefits to employees. If a foreman was acting under the direct supervision of an employer, you will likely file a workers’ compensation claim (assuming you were acting in the course of your employment).

Beyond Workers’ Compensation Claims

In many cases, workers’ compensation benefits are only the tip of the iceberg. Sadly, workers’ compensation does not cover pain and suffering damages, which are no less important (despite there being no monetary loss). Thankfully, our legal team knows which third-party claims to pursue to compensate you for your loss of mobility, future medical care costs, and the impact on your life. By setting realistic expectations, we can help you secure the financial resources you need to physically and emotionally heal.

Contact Our New York City Construction Accident Attorneys Today

If you or a family member has experienced a construction injury, obtaining representation immediately is essential. At Lipsig, Freund & Wisell, PLLC, our team of professionals will evaluate your case to devise a course of action. Our priority is helping you to fully recover so that you can return to meaningful employment. To schedule your free consultation with one of our New York City construction accident lawyers, contact us online or by phone at (212) 285-3300.