From New York’s Scaffold Law to the exclusivity bar, Lindsey Sasson sets out the differences between US and English law in approaching catastrophic construction cases
- Provides a guide to the main structural and practical differences between US and English and Welsh law when claiming for construction worker accidents.
- Sets out main legislation and regulation for each, as well as compensation routes, liability and jury trial work.
Construction consistently brings one of the highest fatality rates of any industrial sector. When a worker is struck by a collapsing crane or falls off an unguarded scaffold, however, the legal landscape that follows—who is liable, on what basis, before which tribunal, and to what extent—differs profoundly depending on jurisdiction.
The consequences of a crane accident extend well beyond the construction site. A falling steel beam, a failed hoist, an overturned mobile crane, or a load that swings into nearby workers can leave victims with traumatic brain injuries, spinal cord damage, amputations, or permanent disabilities. These incidents can
