The construction industry is the most dangerous industry in the United States today, with falls being the leading cause of death in on-the-job accidents. A scaffolding accident is a particularly common accident on a construction site, highlighting the need for rigorous safety measures. The State of New York has taken the safety of construction workers very seriously by instating labor laws such as New York Labor Law 240, otherwise known as New York’s ‘Scaffold Law.’ Crucially, this law allows injured workers to seek compensation if these regulations are not strictly followed, making it a vital piece of legislation for promoting safety and accountability on construction sites.
If you or someone you know has been injured in a scaffolding accident or other construction-related incident while on the job, it’s important to seek knowledgeable legal guidance to protect your rights and interests. At K L Sanchez Law Office, P.C., NY Scaffold Accident Lawyer Keetick Sanchez, and our team can assist individuals who have been injured on construction sites in New York. Our understanding of local laws and dedication to our clients positions us well to help you review your situation and explore potential compensation avenues. We are committed to providing guidance through this challenging time, helping you understand your legal options, and supporting you throughout the legal process. Let us assist you in taking the necessary steps towards securing the compensation you deserve.
Don’t let confusion or uncertainty about your legal rights hinder your recovery. Contact us at (646) 701-7990 today for a consultation and begin your journey to recovery and justice.
What Are NY Labor Laws 200, 240, and 241 for Construction Safety?
New York State has established crucial labor laws—Labor Law 200, Labor Law 240, and Labor Law 241—to protect construction workers from hazardous conditions on job sites. These laws place clear responsibilities on property owners and contractors to create safe environments and uphold safety standards, particularly for work involving heights and hazardous activities.
New York Labor Law 200
New York Labor Law 200 requires that construction sites be maintained in a safe condition. This general safety law mandates that property owners and contractors take steps to prevent hazards that could injure workers. If a known unsafe condition leads to an injury, the responsible parties may face liability.
New York Labor Law 240
New York Labor Law 240, commonly called the “Scaffold Law,” is specifically designed to protect workers from height-related risks during activities like construction, demolition, and repair. Under this law, property owners and contractors must supply secure safety devices, such as scaffolds, hoists, ladders, and harnesses. These devices must be correctly constructed, positioned, and maintained to protect workers from elevation-related accidents. The law imposes strict liability, meaning if these protections fail and a worker is injured, liability is established even without proving negligence.
New York Labor Law 241
New York Labor Law 241 enhances construction safety by requiring specific safeguards during excavation, demolition, and construction. This law mandates compliance with detailed regulations covering equipment and protocols on construction sites. It also holds site owners and contractors accountable if regulatory violations lead to accidents.
Together, these laws form a robust framework for construction site safety in New York, holding site owners and contractors accountable for providing safe working conditions and essential safety devices. A seasoned personal injury lawyer can explain the specific protections offered by NY Labor Laws 200, 240, and 241, as well as their implications for construction-related injury cases. For guidance on your case, contact K L Sanchez Law Office, P.C. at (646) 701-7990 today for a consultation.
Gravity-Related Dangers
The scaffold law makes owners and contractors responsible for ensuring the safety of any workers who must perform jobs where there are gravity-related dangers and the risk of falling. If the owner, contractor, or agent is not in compliance and a worker suffers an injury, that worker has the right to sue those parties for damages.
The New York scaffold law is unique in that it places absolute liability on owners and contractors whether they had any direct supervision or control over the work at the time of the injury or not. Consequently, they cannot place blame on another party such as a subcontractor or even the worker. No other state has this kind of stringent law in place protecting the safety of the worker.
Gravity-Related Job Categories
The scaffold law applies to seven job categories. People covered by the scaffold law include construction workers engaging in the following activities:
- Erection
- Demolition
- Repairing
- Altering
- Painting
- Cleaning
- Pointing
While engaged in these jobs, an owner or contractor is required to ensure the safety of these workers by providing certain safety devices such as scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, or other devices. Furthermore, these devices must be constructed, placed, and operated properly to protect the worker. If the owner or contractor did not provide these safety measures or if they were improperly placed or operated and a construction worker was injured while engaged in one of these tasks, the scaffolding law will apply.
However, the statute is not limited to these specific construction workers alone. It can cover a broader range of workers as long as they can demonstrate that they were an integral and necessary part of the activity. If a worker can prove that he or she was working “in furtherance of” a project where the statute applied, the worker may still be covered under the scaffold law.
Workers’ Compensation
An on-the-job injury will entitle workers to collect workers’ compensation benefits. Unfortunately, worker’s compensation is often not sufficient to compensate for the injuries or even fatality of a fall. And workers’ compensation takes away the victim’s right to hold the at-fault party liable, leaving the possibility that others may suffer from their negligence in the future.
The Burden of Proof
Suffering an accident is not enough to hold contractors and owners responsible under the scaffold law. It is up to the injured party to prove that the law was violated and that the violation contributed to the injury. This is when you need the advice and guidance of a legal professional to ensure that your rights are protected.
| New York’s Scaffold Law for Construction Workers | Details |
|---|---|
| Responsibility | Owners and contractors are responsible for ensuring the safety of workers exposed to gravity-related dangers and falling risks. |
| Liability | Owners and contractors bear absolute liability for injuries suffered by workers, regardless of direct supervision or control over the work. |
| Covered Job Categories | Erection, demolition, repairing, altering, painting, cleaning, pointing. |
| Required Safety Devices | Scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other necessary devices. |
| Compliance | Safety devices must be properly constructed, placed, and operated to safeguard workers. Failure to provide or correctly use safety measures may result in legal repercussions. |
| Workers’ Compensation | Workers are entitled to collect workers’ compensation benefits for on-the-job injuries, but these benefits may not fully compensate for the damages caused by a fall. |
| Burden of Proof | Injured workers must prove that the scaffold law was violated and that the violation contributed to their injury to hold owners and contractors accountable for damages. |
How is the Scaffolding Law used in a Construction Accident Case?
In civil litigation, the New York Scaffold Laws can be very important because they create strict liability for owners and contractors who fail to follow them.
In most accidents, the injured party (usually the worker in construction) has to prove that the defendant, often the general contractor or owner, failed to act responsibly in order to get compensation. These cases often saw the defendants “pointing the finger” at injured workers and accusing them of failing to act in a safe way. The defendants in these cases would seek to avoid liability by proving that the main cause of the accident was not something they did but rather that the worker was negligent or wrongful.
The statutes of the Scaffolding Law eliminate virtually any defenses owners or contractors might otherwise have. The liability of the owner and contractor is instead based upon answering some basic questions such as:
- Is the project covered under the statutes of the Scaffolding Law?
- Is it possible that the contractor or owner failed to supply the scaffolding and other safety measures as required by statutes?
- Was the injury caused by something that could have been avoided?
These questions will most likely be answered “yes” by the general contractor (owner) who is liable for any accident or injuries. These statutes make it much easier for workers injured and their families, to seek compensation for any injuries, damages, or (potentially wrongful death) that may have occurred.
If you have been injured in a fall on a job site or if you have lost a loved one in a job site accident, you owe it to yourself to get the advice of an experienced construction accident lawyer to assist you in understanding your rights. Contact K L Sanchez Law Office, P.C., at (646) 701-7990 for a free consultation to learn your rights under New York Scaffold Law.
