In the construction industry, wearing personal protective equipment (PPE) is crucial for safeguarding workers against many hazards. However, if you suffer an injury and it’s discovered that you were not wearing the mandated PPE at the time of the accident, this could impact your injury claim significantly.
This article, tailored for The Weinstein Law Group clients, explores how failure to wear personal protective equipment can influence the outcomes of construction injury claims in New York. Keep reading for more, then call our skilled New York construction accident lawyers at (212) 741-3800.
Understanding the role of personal protective equipment in construction
PPE is essential in providing a first line of defense against injuries on construction sites. It includes items like hard hats, safety goggles, gloves, earplugs, and respirators, all designed to protect workers from specific risks associated with construction tasks. Under New York State law, employers must provide suitable PPE to all workers and ensure its use on job sites.
Legal implications of not wearing PPE
In New York, workers’ compensation is a no-fault system, meaning workers can receive benefits for work-related injuries regardless of who is at fault. However, failure to wear personal protective equipment when required can complicate these claims. While it may not disqualify you from receiving workers’ compensation benefits, the amount awarded could be reduced if it is found that your negligence contributed to the severity of the injury.
If you decide to pursue a third-party liability claim against a contractor or equipment manufacturer, the issue of not wearing PPE can become more significant. New York follows the rule of comparative negligence, which means that if you are found partly at fault for your injuries (for example, by not wearing the required PPE), any compensation you might be entitled to can be reduced proportionally to your degree of fault.
Case evaluation and legal strategy with The Weinstein Law Group
The Weinstein Law Group has extensive experience handling construction injury claims where comparative negligence may be a factor. We can help evaluate how your failure to wear personal protective equipment might affect your claim and develop strategies to minimize its impact. This could involve demonstrating that the primary cause of the injury was due to factors beyond your control, such as equipment failure or a violation of safety protocols by another party.
Even if you were partially at fault for not wearing PPE, you could still recover damages for parts of your claim that were not influenced by your actions. The Weinstein Law Group can assist in identifying and quantifying these aspects, ensuring that you receive the maximum possible compensation under the law.
Hurt on a construction site? We can help.
While not wearing required personal protective equipment can complicate a construction injury claim, it does not automatically bar you from receiving compensation. Understanding the nuances of how such actions affect your legal rights is crucial. With the expertise of The Weinstein Law Group, you can navigate these complex issues effectively, ensuring that your rights are protected and that you receive fair compensation for your injuries.
For detailed legal advice tailored to your specific circumstances, consider contacting The Weinstein Law Group. Our experienced attorneys are well-versed in New York construction law. We can provide the support and guidance needed to address concerns about failure to wear personal protective equipment and other factors in your injury claim.
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Steven M. Weinstein