Construction workers are an important part of any city’s workforce. At the same time, they have a job that keeps that at risk of accidents and injuries. Hence, the Occupational Safety and Health Administration (OSHA) was set up to protect the rights of employees, including construction workers.
Laws have also been formed to further keep construction workers safe from accidents and injuries at their work site. Construction accident attorneys are available for legal recourse in case a worker gets injured at their worksite.
Like other states, New York formed the NY Labor Law 240. Here’s all a construction worker should know about it.
What is NY Labor Law 240?
NY Labor Law Section 240 specifically deals with scaffolding and ladder-related falls. It provides workers with protection from injuries and death from falls/falling objects. Workers have the right to recover damages after these types of injuries occurs on a construction site.
Does the law apply only to construction workers?
Yes, it applies to:
- Construction workers that fall from elevated platforms (such as ladders, scaffolding, or planks)
- Construction workers injured by falling objects from any height
What are the protections offered under NY Labor Law 240?
The law provides important liability protections for construction workers. Specifically, this law imposes absolute liability. It is applied directly to the owner or his or her agent in the incident. If a worker falls, suffers damage and losses, and goes to court, the case will focus solely on the amount of damages to be awarded.
How can the NY Labor Law 240 be applied to an accident / injury case?
If an employee gas suffered a fall from a ladder, scaffolding or injured by falling objects from a height, they are owed a compensation. The worker can work with a top injury lawyer or a construction accident attorney to get the settlement they deserve. However, applying NY Labor Law 240 to a case has emerged to be one of the most challenging cases taken to court. Hence, it is important to work with a highly qualified and experienced attorney.
Are there any specific requirements for NY Labor Law 240 to ply to a case?
Yes, there are a few specific requirements to be taken into account, including:
- Structure of the site where the accident occurred: The law does not apply to property owners or contractors working on one- or two-family homes. This law does directly apply to larger homes (over three families) as well as all commercial buildings and apartments.
- The type of work done to the structure: The law only applies if the work is done on the structure itself and not other items (such as trees). All types of structures are covered under this requirement including tunnels, cars, boats, bridges, garages, and buildings.
- The rule of gravity: Labor Law 240 also protects workers from the dangers associated with gravity. In other words, gravity caused the individual or an object to fall.
Pertinent information about the abovementioned requirements is provided here.
If you or someone you know has suffered an injury as a construction worker due to someone’s negligence, you need the top injury lawyer, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced construction accident attorneys. Our consultation is free and we do not charge a fee unless we win your case.