Under New York Labor Laws 200, 240, and 241, lawmakers offer strong protections to New York construction workers. These laws deal with construction industry safety, especially for those who work at an elevated height. They outline safety requirements and address the issue of liability when accidents and injuries occur.
If you were hurt in a fall from a ladder or scaffold on Long Island or New York City, a construction accident lawyer in New York City from Friedman & Simon, L.L.P. is here to help. We handle these cases and hold property owners and contractors responsible for our clients’ injuries.
- Understanding New York Labor Laws 200, 240, and 241
- Liability Under the New York Scaffolding Laws
- Recovering Compensation Based on the NY Scaffolding Laws
- Discuss Your Construction Accident Injuries With Our Team for Free
Understanding New York Labor Laws 200, 240, and 241
New York Labor Laws 200, 240, and 241 all provide protections for workers in the construction industry. Each provides unique requirements pertaining to site safety at construction sites and injury incidents.
New York Labor Law 200
New York Labor Law 200 requires all construction sites to be well-equipped and operated in a way that best provides safety and protection for workers and visitors. This law requires “reasonable and adequate” protection for the lives and safety of everyone working or lawfully visiting the worksite.
It protects the rights of those on the site, including ensuring the property owner, construction company, and contractors take reasonable actions to provide a safe environment and prevent injuries when reasonably possible.
New York Labor Law 240
New York Labor Law 240 protects workers on construction sites who use ladders and scaffolding. It applies to most workers who work at an elevated height. It applies when a worker suffers injuries in a fall or is hit by a falling object. The protections afforded by this section of the law, for falls from height and from falling objects, are often referred to as applying to gravity-related accidents.
This law requires property owners and general contractors to provide scaffolding, safety equipment, proper training, and other resources to protect workers. These laws involve many types of commonly used equipment in the construction industry, including scaffolding, ladders, hoists, pulleys, and ropes.
New York Labor Law 241
New York Labor Law 241 mandates reasonable and adequate safety equipment, training, and other precautions for workers, just like Section 240. However, this section specifically refers to certain types of jobs, including demolition and excavation. Under this law, property owners and general contractors must provide and arrange equipment to best support workers in these industries and prioritize their health and safety. It also applies to any visitors to a demolition or excavation site.
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Liability Under the New York Scaffolding Laws
Thanks to these sections of the New York labor laws, victims hurt on a construction site often hold the property owner or general contractor legally liable for their injuries. These laws create a strict liability for these parties.
The property owner or contractor is legally liable if there is evidence to show the liable party:
- Did not provide a safe worksite for construction workers or visitors
- Failed to ensure workers had the proper equipment for the necessary tasks
- Was unable to ensure workers had required safety equipment such as harnesses, lifelines, or guardrails
- Did not enforce the necessary safety protocols
- Did not ensure all workers had the training and knowledge needed to use the required protective equipment
- Failed to protect workers from falling debris, materials, tools, or other items
You likely have a case regardless of whether a property owner or general contractor violates local building codes, OSHA safety rules, or any other regulations. Because there is strict liability for these parties when a worker or visitor suffers injuries, proving they violated these rules, or that any negligence on their part played a role, is unnecessary.
Recovering Compensation Based on the NY Scaffolding Laws
New York law restricts workers from suing their employer for compensation following a workplace accident, including those that occur in the construction industry. However, it is possible to recover compensation in several ways. This includes:
- Filing a workers’ compensation claim based on your employer’s provided policy
- Suing the property owner or general contracting company for compensation
Often, workers have an opportunity to recover compensation through both options. They provide different types of damages for injured workers. While workers’ comp pays for medical bills and a portion of lost wages, a personal injury lawsuit based on the scaffolding laws will allow you to recover:
- Medical bills and related care costs, current and future
- Lost income, current and future
- Diminished earning capacity
- Related expenses with receipts
- Pain and suffering damages
Hiring a lawyer to handle your construction accident injuries or wrongful death of your loved one in a construction site fall provides you with the legal representation you need to win your case. You focus on healing while your attorney handles the rest. This includes:
- Keeping you updated on your case
- Identifying the liable parties and building a compelling case against them
- Communicating with all involved parties for you
- Gathering evidence to support your claim or lawsuit
- Determining an appropriate value for your case
These cases often settle without going to trial. While a jury trial is necessary under some circumstances, the liable parties, their insurance carriers, and the injured party often reach an appropriate settlement agreement through negotiations. This can occur before or after a lawsuit is filed.
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Discuss Your Construction Accident Injuries With Our Team for Free
Friedman & Simon, L.L.P. represents those injured in construction site accidents in New York City, Long Island, and other nearby areas. We are passionate advocates for the injured and will fight for the money you need and deserve based on your case facts. We will discuss your rights and legal options with you and even have multilingual staff if you are more comfortable discussing your case in Spanish, Greek, Bengali, Tamil, or Kannada.
We meet injured workers on Long Island or elsewhere in the New York metropolitan area. Call us today for a free consultation, or use our online contact form to reach our team. We have someone available to take your call now.
Call or text 516-932-0400 or complete a Free Case Evaluation form