Labor Law and Construction Accident Attorneys in New York
Comprehensive Legal Support for Construction Accident Injuries: Understanding Your Rights Under New York Labor Law. 212-540-HURTFREE CONSULTATION
Construction work is inherently dangerous, and accidents on construction sites can lead to serious injuries or even fatalities. This work is very dangerous and construction companies sometimes fail to provide adequate safety for workers on the construction sites. Whether you’re a construction worker or a passerby, injuries caused by unsafe conditions on a construction site can have life-altering consequences. In New York, the law provides strong protections for workers who are injured on construction sites through Labor Law provisions, including Labor Law 240, Labor Law 241(6), and Labor Law 200.
At The New York Injury Law Firm, PLLC we understand the unique challenges of construction accident cases, and we are here to help you navigate the legal process to secure the compensation you deserve.
Our legal services cover all labor law accidents throughout New York. This includes Kings County, Queens County, New York County, Suffolk County, Nassau County, Bronx County, Westchester County, Richmond County, and all other counties across the state.
New York Labor Law Protections for Construction Workers
New York Labor Law provides specific protections for workers injured on construction sites. These protections are designed to address the unique dangers that construction workers face and ensure that those responsible for creating hazardous conditions are held accountable. The law specifically targets property owners, contractors, and subcontractors, making them liable for accidents and injuries that occur due to unsafe working conditions. Three key sections of New York’s Labor Law that protect construction workers are Labor Law 240, Labor Law 241(6), and Labor Law 200.
Common Types of Construction Accidents in New York
Construction accidents are some of the most severe and debilitating types of personal injury cases. Workers on construction sites face a wide range of hazards, including:
- Falls from heights (ladders, scaffolding, roofs).
- Falling objects (tools, building materials, debris).
- Electrical accidents (electrocution from faulty wiring or equipment).
- Trenching and excavation accidents (cave-ins or falling into trenches).
- Machinery accidents (being caught or struck by heavy equipment).
- Slip and fall accidents due to wet, oily, or uneven surfaces.
- Construction vehicle accidents involving bulldozers, cranes, or trucks.
Injuries sustained in these types of accidents often include broken bones, traumatic brain injuries (TBIs), spinal cord injuries, and severe lacerations. Unfortunately, many construction accidents result in long-term disabilities or fatalities, making it crucial for injured workers to have skilled legal representation to pursue fair compensation.
Labor Law 240 – The Scaffold Law
One of the most important and well-known protections for construction workers in New York is Labor Law Section 240, commonly known as the Scaffold Law. This law imposes strict liability on property owners, contractors, and their agents when a worker is injured due to a fall from a height or from being struck by a falling object while working at an elevated height.
Labor Law 240 mandates that construction sites must provide adequate fall protection and scaffolding for workers. This includes:
- Scaffolds and ladders that are properly constructed and maintained to prevent falls.
- Fall protection systems such as guardrails, safety nets, or personal fall arrest systems (harnesses and lanyards).
- Hoists and ropes to safely transport materials or workers from one elevated point to another.
If a construction worker is injured due to a lack of proper fall protection, they can file a claim under Labor Law 240 regardless of fault. This strict liability provision means that the property owner or contractor can be held liable for the worker’s injuries without having to prove negligence.
Common Labor Law 240 accidents include:
- Falls from scaffolding or ladders that were not properly secured.
- Objects falling from heights that strike workers below, such as tools or building materials.
Example Case of Labor Law 240:
If a worker is injured after falling from a ladder that was unstable or improperly secured, or if they are struck by a falling brick or piece of equipment, Labor Law 240 may apply. Even if the worker’s fall or injury was partially caused by their own actions (for example, improper use of equipment), the law allows them to recover damages from the responsible parties without needing to prove that their employer was at fault.
Labor Law 241(6) – Specific Safety Regulations
Labor Law Section 241(6) expands on the protections provided under Labor Law 240. It imposes specific safety requirements on construction sites by referencing regulations from the New York Industrial Code (12 NYCRR). This law requires construction site owners, contractors, and subcontractors to follow detailed safety rules designed to protect workers from specific hazards.
Labor Law 241(6) is important because it creates a right of action for injured workers if their injury is the result of a violation of specific safety regulations found in the Industrial Code. If a contractor or property owner fails to follow these regulations, they can be held liable for the worker’s injuries.
Example Violations Under Labor Law 241(6):
Some common regulations under Labor Law 241(6) include:
- Securing scaffolds and ladders: Requirements for ensuring scaffolds and ladders are in good working condition, properly supported, and free of defects.
- Falling objects protection: Regulations for securing tools, equipment, and materials to prevent them from falling from heights and injuring workers below.
- Excavation safety: Requirements for trench protection systems to prevent cave-ins.
- Workplace cleanliness and organization: Ensuring the site is free of tripping hazards, and maintaining proper barriers and warning signs.
If an accident occurs due to a failure to follow these regulations, the worker may have a valid claim under Labor Law 241(6). It is essential to gather evidence of any regulatory violations to strengthen the case.
Labor Law 200 – General Duty of Care
Labor Law Section 200 provides another level of protection to construction workers. This section requires that property owners, contractors, and employers maintain a safe working environment for workers, and to take reasonable steps to protect them from foreseeable hazards. This law is broader than Labor Law 240 and 241(6) because it applies to all workplace hazards, not just those related to falls from heights or unsafe scaffolds.
Under Labor Law 200, a property owner or contractor may be held liable for injuries caused by dangerous or unsafe conditions on the site that they knew or should have known about. This could include failure to inspect the site for hazards, improper maintenance of equipment, or failure to warn workers about known dangers.
Labor Law 200 is often invoked in negligence claims, where the worker argues that the property owner or contractor was negligent in maintaining a safe environment.
Example Case of Labor Law 200:
If a worker is injured due to faulty machinery or equipment on a construction site and it is shown that the employer or contractor failed to inspect or maintain the equipment, the worker may have a claim under Labor Law 200. This section requires property owners and contractors to ensure that all aspects of the worksite are safe for workers.
Understanding the Legal Complexities of Construction and Labor Law Cases
While Labor Law 240, Labor Law 241(6), and Labor Law 200 provide strong protections for injured workers, these cases can still be complex. New York construction law can be challenging to navigate, especially when multiple parties are involved, such as property owners, general contractors, subcontractors, and equipment manufacturers.
In construction accident cases, it’s crucial to:
- Determine Liability: Identify which parties (property owner, contractor, subcontractor) are responsible for the dangerous conditions that led to the accident.
- Gather Evidence: Collect medical records, accident reports, safety violation records, and any photos or videos of the accident scene to prove negligence or regulatory violations.
- Establish Causation: Demonstrate how the accident happened, linking it directly to a safety violation or lack of proper equipment and safety measures.
Why You Need an Experienced Construction Accident Lawyer
If you’ve been injured in a construction accident, it’s important to consult with a personal injury attorney who is experienced in handling Labor Law claims. New York’s construction accident laws are designed to protect workers, but they require a thorough understanding of the relevant statutes and regulations.
An experienced construction accident lawyer can help you:
Investigate
the circumstances surrounding your accident.
Identify
all responsible parties.
Navigate
the complexities of New York’s Labor Law to ensure you receive the compensation you deserve.
Contact Now for Free Consultation
At our law firm, we understand the challenges of construction accident cases and the specific legal protections available to workers under New York’s Labor Law. If you or a loved one has been injured on a construction site, don’t hesitate to reach out for a free consultation to discuss your case and determine your best course of action.Reach out today for a free consultation to discuss your case and learn more about how we can help you navigate the legal complexities of vehicle and traffic law.
Other Types of Personal Injury Cases Can We Assist You With?
Auto Accidents
Premises Liability
Slip and Fall Accidents · Trip and Fall Accidents · Snow and Ice Accidents · Uneven/Unlevel Sidewalk Accidents · Tree Root Lifting Sidewalk Accidents · Fall on Debris/Garbage Accidents · Optical Confusion Fall Accidents · Missing Pavement/Brick Accidents · Negligent Security · Fight Cases · Dog Bite Cases · Elevator Accidents · Escalator Accidents · Stair Collapse Accidents · Ceiling Collapse Accidents · Defective Stairways Accidents · Fire and Safety Building Code Violations · Supermarket Accidents
Unlawful Distribution of Illicit and Sexual Images/Revenge Porn
Medical Malpractice
Worker's Compensation
