Construction Accidents and the New York State Labor Law
New York State Labor Law plays a crucial role in ensuring fair treatment and protection of construction workers across various trades. In particular, it has significant implications for trades people injured at construction sites in New York State.
Overview of New York State Labor Law:
The New York State Labor Law is a comprehensive set of statutes designed to safeguard the rights and interests of workers. The Labor Law covers a wide range of labor-related matters, including minimum wage, overtime pay, safety regulations, employee benefits, and more. For tradespeople injured on constructions sites in New York City, Long Island, and Westchester, Sections 200, 240 and 241 of the Labor Law provide avenues to seek compensation for economic damages and pain and suffering sustained from the responsible party, and often times from the general contractor tasked with overseeing site safety and the owner of the property at which the constriction was taking place.
Construction Industry and Its Hazards:
Construction work is known for its demanding nature and inherent risks. Workers in this industry face potential hazards such as falls from heights, exposure to hazardous materials, equipment-related accidents, and more. The New York State Labor Law recognizes these risks and aims to provide enhanced safeguards for construction workers. When injured at a construction site it is important to immediately consult with an attorney experienced in handling these matters.
Scaffold Law (Section 240):
One of the most significant provisions impacting construction workers is Section 240, commonly known as the Scaffold Law. This law holds property owners, general contractors, and their agents responsible for ensuring proper safety measures for workers performing tasks at elevated heights. If a worker is injured due to a fall or falling object, the responsible party including owners and general contractors may be held liable, regardless of the worker's own negligence.
Worker Safety (Section 200 and 241):
Sections 200 and 241 of the New York State Labor Law focus on worker safety regulations. Section 200 places the responsibility on property owners and contractors to provide a safe working environment, ensuring proper precautions and maintenance. Section 241 outlines specific safety standards and guidelines for construction sites, covering areas such as protection against falling objects, safety equipment requirements, and more. In order to successfully allege a violation of Labor Law 241, the injured worker must be able to point to the existence of a specific precise safety rule listed under Section 23 of the New York Industrial Code. Should the worker be able to demonstrate that it is more likely than not that the violation of the specific safety rule caused the workers injury, the party responsible for violating the rule, as well as the general contractor on the job site and the owner of the property may be held responsible. There are dozens of specific safety provisions that routinely come into play in construction accident claims and as such it is important for those injured at a construction site to consult with attorney well versed in the labor law and the myriad of applicable laws and regulations governing construction work in New York State. With over ten years experience handling Labor Law claims and a demonstrated history of success in a wide range of construction accident cases we ready and able to help guide you through the claims process.
