Construction sites are one of the most dangerous places for workers. Construction fatalities in New York hit a 14-year high in 2016. Recognizing the need for construction workers and the significant risk these workers are placed at every day, New York state has labor laws in place that give special protection to workers who are injured in construction site accidents.
Labor Law 200
New York Labor Law section 200 requires owners and contractors to use reasonable care in the maintenance of a construction site. They must protect workers and provide a safe workplace. Owners and contractors must ensure that all equipment is properly placed, guarded, lighted, and operated to provide reasonable and adequate protection to workers on the site. If they fail to do so, and a worker is injured as a result, the owner and/or contractor may be held liable. In order to prove a case under Labor Law 200, it must be shown that the owner or contractor had authority to dictate how work was performed at the construction site and knew, or should have known, of the dangerous condition that caused an injury.
Labor Law 240
New York Labor Law section 240, also known as the Scaffold Law, protects workers from injuries caused by falling from a height or being struck by an object that has fallen from a height. Workers involved in these types of accidents are afforded special protection because of the serious injuries that can result. Under the Scaffold Law, owners and contractors must follow all applicable safety standards and furnish safety equipment to workers. Safety equipment includes things such as scaffolding, hoists, guardrails, harnesses, and safety lines. When the Scaffold Law is violated, the owner and/or contractor is 100% liable for any injury suffered by a worker.
Labor Law 241
New York Labor Law section 241 focuses on the safety of a construction site at ground level. The law requires that owners and contractors take reasonable precautions to maintain a safe work site and lays out a number of requirements that must be followed. Labor Law 241 provides for strict liability when an owner or contractor violates safety codes. This means that the injured worker does not need to establish that the owner or contractor was negligent, only that there was a violation of safety codes and that this violation led to an injury.
Contact an Experienced Attorney
If you’ve been injured in a construction site accident, you should have an experienced personal injury attorney evaluate your case. At Bonina & Bonina, P.C., we have over 50 years of experience helping injured New York construction workers. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.