Subcontractor Liability

A subcontractor's liability for the injuries of its employees on a construction site is also determined by the extent of the subcontractor's direction or control over the phase of the work that it is engaged in at the time. New York construction safety law imposes a duty on the owner or contractor of the construction work site that cannot be delegated, and hence liability not shifted, to the subcontractor unless direction, supervision, and control of the work on the site which gives rise to the injury passes to the subcontractor for that phase of the work.

Example:

A plaintiff ironworker is injured while on a job in an accident at a construction site owned by the defendant city. The defendant general contractor engaged a defendant subcontractor to perform painting and sandblasting work. The plaintiff was employed by the third-party subcontractor defendant. The plaintiff was at work burning steel on an elevated structure at site when a fire started in a bay area of structure. The plaintiff walked to the area and began to put out fire during which he slipped on a canvas, and fell 20 to 30 feet through an exposed opening, to the ground below, sustaining severe injuries. The subcontractor cannot be included among those liable for the injuries since he was not in control of the work on the site that gave rise to the injury of the plaintiff.

However, a subcontractor may be found liable for the injuries of workers using faulty scaffolding equipment, even when the subcontractor was not directing the work done by the workers on the scaffolds, if the subcontractor directed the workers to use the scaffolding provided by the subcontractor.

In all matters involving New York construction accident law it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the New York construction statute of limitations. If a loved one has been a victim of wrongful death in New York, contact us now, at (800) 456-6757 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the New York construction statute of limitations expires.

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