Construction workers must deal with some of the most dangerous working conditions faced by employees in any industry. As a result, serious work-related injuries at construction sites occur with unfortunate frequency. If you or a loved one has been injured in a construction accident, there are special laws, rules and regulations that are designed to protect you. In addition to Workers’ Compensation laws, many workers are entitled to the protections of New York’s Labor Law, which was enacted to compensate workers who are injured on a job site as a result of safety violations or height-related risks.
You May Be Entitled to More Than Workers’ Compensation
If you have been injured while working at a construction site, you are likely entitled to certain Workers’ Compensation benefits. However, you also may also be entitled to obtain money damages above and beyond your Workers’ Compensation benefits. New York State has enacted certain provisions in the Labor Law to protect laborers and permit a worker to seek money damages in certain cases.
New York Labor Law § 240
New York Labor Law § 240 contains special provisions for workers injured by or on scaffolds, ladders, hoists, stays, slings, hangers, pulleys, irons, ropes, blocks, braces and other similar devices. This unique section of the New York Labor Law, commonly known as the “Scaffolding Law,” allows injured workers to bring lawsuits against a property owner or general contractor who violates this section, rendering them strictly liable for workers injured as a result of inadequate or missing safety equipment at elevated work sites. Labor Law § 240 injuries and accidents include:
- Scaffolding Accidents
- Falls From Heights
- Forklift Injuries
- Crane Accidents
- Hoisting Accidents
- Ladder Falls
- Site Debris Accidents
- Machinery Accidents
- Being Struck by Falling Objects
If you have been injured in a fall on a construction site, you may be able to pursue a Labor Law § 240 claim in order to secure additional benefits for you and your family.
New York Labor Law § 241 (6)
Labor Law § 241(6) imposes a duty upon the general contractor and/or property owner to comply with all provisions of the New York State Industrial Code. Architects, subcontractors and manufacturers of equipment may also be held responsible for inadequate safety precautions. If you were injured while excavating, doing demolition work or performing other tasks in on a construction site, you may be entitled to benefits under Labor § Law 241 (6).
New York Labor Law § 200
Labor Law § 200 codifies a common law obligation to use reasonable care in the maintenance of a work site. There are many factors that can result in slip-and-fall and trip-and-fall accidents and other injuries on construction sites, including, but not limited to, the following:
- Construction site debris
- Structure failure
- Supervisor negligence
- Gas explosions
- Electrical accidents
- Machine accidents
- Incomplete structures
- Snow and ice
If you have been injured as a result of a construction site accident, contact The Mills Law Firm, LLP now to learn more about your rights. You may reach us by phone at (518) 373-9900.
