New York Labor Law 240 works to make scaffolds, ladders, and other construction site equipment involving heights safer for workers. It establishes measures to protect NYC construction employees who are required to work at heights.
If you are injured on a NYC construction site due to dangerous scaffolding or other causes, it’s essential to contact a New York City personal injury lawyer who can help you get compensation for all your damages.
According to the US Bureau of Labor Statistics, the second most fatal occupational event in New York in 2020 was falls, slips, or trips.
New York’s Labor Law 240 protects all construction workers working at heights in the state. It focuses on certain hazards often experienced by people working in erection, demolition, painting, cleaning, repairing, and altering buildings.
It is NY’s “Scaffolding Law,” but it also applies to other professionals who work at great heights.
Some common injury claims where NY Labor Law 240 applies include those involving heights.
Employers must ensure all objects and materials are appropriately secured, mounted, and hoisted. Injuries frequently occur when objects fall from great heights.
Construction workers who use scaffolds must have the appropriate gear, including harnesses and guardrails. If an employee falls, the employer may violate Labor Law 240.
Floorboards, railing, stairs, decks, and other materials must be secured. Proper maintenance and site checks are necessary.
New York employers are required to ensure scaffolding and buildings are properly secured. They are also required to provide appropriate safety gear for employees. If they do not, then under Labor Law 240, the employee can file a lawsuit against the employer.
This law applies to all contractors, business owners, and their agents, except for owners of one and two-family dwellings, which do not control the work being performed.
New York Labor Law 240 imposes requirements on construction employers. Those who violate it are liable for the damages their employees receive above and beyond a typical workers’ compensation claim.
Labor Law 240 imposes complete liability on contractors and construction companies for injuries due to falls from ladders, scaffolds, and heights on job sites. There is no comparative liability, which would consider the workers’ actions that may have contributed to the accident.
However, Labor Law 240 does not inherently make the construction company negligent. The company may be able to prove that another party caused the accident through the instability of equipment. For example, if the contractor has a contract with a subcontractor that precisely shifts liability to them, then the contractor may not always be held liable. Additionally, if someone intentionally harmed another person, they may be held responsible instead of the employer.
More than 2.3 million construction workers use scaffolds in the United States. However, scaffold accidents are widespread. According to the Occupational Safety and Health Administration(OSHA), more than 4,500 injuries and 80 deaths yearly due to unsafe scaffolding.
Construction workers injured on the job site can file a Labor Law 240 lawsuit. They may have been engaged in the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure.
Labor Law 240 is innovative in placing responsibility for unnecessary injuries and deaths on employers. It does not consider the potential fault of the worker unless there was intentional conduct involved. However, there are ways for the employer to fight back – and they will.
Working with an experienced NYC construction accident attorney who can protect your rights and help you navigate a Labor Law 240 claim is essential. They will ensure you are not taken advantage of and help you prove liability.
Hecht, Kleeger & Damashek, P.C. is a New York City personal injury law firm that has worked with countless clients who were catastrophically injured on job sites. We are focused on doing what is best for you. Call us today at (212) 490-5700 or reach out online to schedule a consultation.
“I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.”