There are a wide range of work-related accidents and conditions concerning their liability. Some of the most common types of construction accidents covered by New York Labor Laws include:
- Falls, including off ladders and scaffolding
- Struck by an object
- Caught in/between machinery, trenches, or other site dangers
- Electrocution
If you are severely injured after a workplace accident such as the ones listed above, you are protected under NY Labor Laws. That means you are eligible for compensation to cover medical bills, lost wages, pain and suffering, and other damages.
Construction Accidents – Scaffold Law (Section 240)
In New York, a unique law protects workers who work at high elevation. The Scaffold Law was enacted in recognition of the severity of injuries caused by elevated falls, particularly from scaffolding.
The Scaffold Law imposes third-party liability on those whose property is being worked on if they are responsible for failing to furnish appropriate or non-defective safety devices to guard against risk. Third-party liability also extends to the project owner or general contractor who failed to provide proper safeguards.
Examples of Section 240 claims include falling objects, falling persons, and gravity-related accidents caused by demolition, altering, repairing, and window cleaning. An important exception to Section 240 is owners of one- or two-family dwellings. Owners of family dwellings are exempt from absolute liability unless they control or supervise the work.
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“Safe Place to Work” Law (Section 241)
Section 241 is also applicable in the construction trades. When there is construction, demolition, or excavation work, the law requires owners and agents to ensure all areas are unobstructed, shored, equipped, guarded, arranged, operated, and conducted so as to provide reasonable and adequate protection and safety. The same provisions apply to planking and barriers.
Like the Scaffold Law, Section 241 creates absolute liability and non-delegable duties, and owners of one- or two-family dwellings are generally exempt. However, Section 241 has detailed regulations on what are considered reasonable and adequate protections.
You should contact your work-related accident attorney at Pulvers, Pulvers & Thompson to the conditions of the law and find out who is responsible for your injury.
Decisions and mistakes, even small ones, made after an injury or accident can substantially limit your recovery.
Employers and insurance companies will try to downplay the seriousness of your injuries, even in cases where there have been catastrophic injuries.
The defendants will underestimate the cost of medical procedures and the amount of money it will take to support the injured worker in the future.
That is why it is so crucial to hire expert attorneys who have experience evaluating claims and damages.
Our construction accident lawyers New York know all the tricks used by employers, and our experience will help take care of you.
In some cases, you may be entitled to a damage award from negligent parties over and above your employer. A settlement or jury verdict in New York personal injury cases can be much higher, so an experienced attorney will also carefully review your claim to determine if there is negligence.
Pressure to return to the job and a shortage of appropriate protective gear like masks and PPE caused many construction workers to contract COVID-19, especially early on in the pandemic. Sharing tools and equipment without properly sanitizing them between users also contributed to the viral spread.
This lack of proper protection led to construction workers being significantly more likely to get hospitalized than workers in other professions. The problem was serious enough that OSHA put out a guide specifically for construction workers to help them stay safe from COVID-19 while on the job.
Pulvers, Pulvers & Thompson proudly serves Manhattan, Brooklyn, Bronx, Queens, Staten Island, Westchester, Nassau, and Suffolk Counties.
If you or someone you care about has been injured in construction accidents, or other work related accidents, contact us on our free New York construction accident free consultation form or call us at (212) 355-8000.
