New York Scaffolding Law - Labor Law 200, 240, 241
You went into construction work because you wanted to use your many skills to create new buildings, homes, and other physical structures. Despite knowing that construction workers face serious injury and death at a rate much higher than other occupations.
All you expected in exchange for your skills and hard work was for the construction company that employs you to provide proper protection, safety equipment and perform a safety evaluation at every job site before a project begins. When that does not happen, special labor laws in New York State allow injured workers and those who have experienced a loved one’s wrongful death to seek a financial settlement beyond the workers’ compensation system.
Under the special provisions of New York Labor Law 200, 240, and 241, you may be able to sue a general contractor, subcontractor, building owner, or other parties responsible for causing work-related accidents besides collecting workers’ compensation from the construction company that employs you.
You can file for workers’ compensation and a personal injury lawsuit under New York Labor Laws, even if your negligence was the sole proximate cause of your construction accident. Keep in mind that the property owner and general contractor bear absolute liability even when they did not directly control or supervise your work. It is their job to ensure you work in a safe environment and that you have access to all necessary safety equipment.
At Jacob Fuchsberg Law Firm, we are here to help people in New York City and the surrounding boroughs when the unimaginable happens to them. After all, no one expects to report to a construction site for work, and have a falling object strike them, slip and fall, become injured when pulleys break or have scaffolding they are standing on fall apart. Each of these is typical examples of the dangers construction workers face on the job every day.
According to information published by the New York City Department of Buildings, 59 construction workers died, and 3,045 sustained serious personal injury between January 2015 and December 2019. The website NYC Buildings reports that the top five locations for these severe and fatal construction accidents were Manhattan, Brooklyn, Queens, Bronx, and Staten Island.
If this data includes your construction accident or your injury occurred more recently, know that you are far more than a statistic at Jacob Fuchsberg Law Firm. We care about what happened to you and want to help you secure a better future. Please contact us today to request a free consultation at 212-869-3500.
NYC Labor Law 200
This law requires building owners and general contractors to implement reasonable safety precautions to protect workers and create a safe job site. Labor Law 200 also offers protection for visitors to a construction site. What this means in practice is that building owners and general contractors must ensure the safeguarding of all equipment and machinery by positioning and securing them according to standard construction industry guidelines.
Building owners and general contractors must also provide safety training or ensure construction workers understand safety protocols before using machines or equipment. To protect visitors’ safety to the construction site, building owners and general contractors must arrange for proper lighting and guardrails at every new job site.
New York Labor Law 240
Labor Law 240, also referred to as the Scaffold Law, applies specifically to construction workers injured by falling objects or who fall from a high surface such as a piece of scaffolding. The building owner or general contractor are responsible for preventing construction accidents. This law applies to all building owners and general contractors except for one-family or two-family dwelling owners.
Laws in New York State require building owners and general contractors who contract for another party but do not control a construction site directly to provide or request the following safety items for construction workers:
- Any other safety equipment reasonably required to complete the job
You are eligible to seek financial compensation from the building owner, general contractor, or both if you did not have access to adequate safety equipment on a job site and suffered a serious personal injury as a result. Personal injury claims caused by construction accidents defined under Labor Law 240 can be some of the more challenging cases to pursue due to strict eligibility criteria and timelines. The good news is that our caring and experienced construction accident lawyers are here to help. Please call our law firm today at 212-869-3500 to request your free consultation.
NY Labor Law 241
The purpose of this section of New York Labor Law is specific to construction job sites where excavation or demolition of buildings and other physical structures take place. Labor Law 241 also describes the types of safety equipment building owners, and general contractors must provide.
Specifically, Section 241 of New York’s labor law addresses how to construct flooring, the types of materials to use, elevators’ operation, and safety hoists’ implementation at the construction site. Building owners and general contractors must arrange machinery and equipment to maximize safety for construction workers.
What Do I Do After A Scaffolding Construction Accident?
While New York Labor Law 200 and 241 allow for a broader legal interpretation when filing a personal injury claim, courts require a stricter interpretation of Labor Law 240. The requirements you must meet to file a claim under the Scaffolding Law are stricter because they allow injured construction workers in New York to argue for a higher settlement amount than they would receive under the state workers’ compensation or common law system. Construction workers must have fulfilled one of these roles to file a personal injury claim under Labor Law 240:
- Building alterations
- Building erection
- Building repairs
- Erecting safety measures such as pulleys, ladders, braces, hoists, or blocks
- Pointing a building
New York Labor Law Section 240 applies only to duties performed at a worksite directly related to construction. That means people completing decorative, maintenance, or manufacturing do not qualify to seek financial compensation under Labor Law 240. The law also excludes motorists, pedestrians, and others passing by the construction site who may have sustained a significant personal injury as a result. If you qualify to file a personal injury claim under Labor Law 240, the statute of limitations in New York gives you three years from the date of your construction accident.
New York Labor Laws And Workers’ Compensation
Sometimes injured construction workers avoid filing a personal injury claim under Labor Law 240 because they assume it will impact their eligibility for workers’ compensation. Fortunately, this is not true since New York’s labor laws operate separately from the state’s workers’ compensation system. Our construction accident lawyers recommend that injured construction workers file for workers’ compensation first and then contact our law firm to arrange a free consultation and legal representation.
Contact New York’s Premier Labor Law 240 Attorneys
Even though you have a legal right to file a construction accident claim in the state of New York, we know from our 40 years of experience fighting for the rights of injured New Yorkers that the other party will attempt to evade responsibility. We also understand that it can feel intimidating to pursue what New York law rightfully grants to you as a construction accident victim.
The best thing you can do to improve the chances of a successful settlement is to work with a construction accident lawyer at Jacob Fuchsberg Law Firm. Our entire team of construction accident attorneys take pride in the strong attorney-client relationships they have built over the years. A construction accident lawyer will meet with you to answer questions, provide more information about our law firm, and let you know what to expect with your personal injury case moving forward.
You have already experienced a serious construction accident that you never expected to happen to you. Our law firm is here to fight for your right to fair compensation for everything you have had to endure. We can help even if you don’t have proper documentation to work in the United States. Please don’t hesitate to contact us to learn more about your rights as an injured construction worker. You can request your free consultation by calling 212-869-3500.