If you work in construction, you face risks that most New Yorkers never do. Your job is inherently dangerous. As such, there are laws specifically designed to protect you from harm and give you access to redress when an accident happens.
For victims of construction accidents in New York, these laws mean an injury could result in not only workers’ compensation benefits, but also damages through a personal injury lawsuit.
New York labor laws offer protection to construction workers under a variety of circumstances. These laws may allow your construction accident attorney to seek compensation above and beyond workers’ compensation.
Under these laws, the owner of the building or structure you are working on and the general contractor who hired you are responsible for your safety. New York construction workers doing trade work such as demolition, erection, construction, restructuring and trenching are doubly protected.
Two specific New York laws protect construction workers:
- New York Labor Law § 240. Known as the “scaffold law,” Labor Law § 240 has received considerable attention in the past several months. The owner and general contractor can be held absolutely liable if you fall from a height (while working on a ladder or scaffold, for instance) and the accident is due to unstable, inadequate or defective equipment.
Absolute liability means these two parties are responsible for your accident and resulting injuries. The law is controversial because many believe a worker’s own actions aren’t taken into consideration, meaning a careless worker can recoup damages from an employer. But the scaffold law protects workers in some of the most dangerous situations and places responsibility where it belongs — the people running the job sites and providing the equipment.
This law also applies to workers who are hit by tools and supplies that fall from above. Window washers are also protected under labor law 240.
- New York Labor Law § 241. Labor Law § 241 protects construction workers on sites where demolition, excavation or construction work is being performed. It is a broader, more all-encompassing law than § 240. The law says all of these sites should be operated and conducted to provide “reasonable and adequate” safety and protection to the workers who are there.
This law covers violations of safety standards that protect workers from being electrocuted, being injured for lack of safety equipment, slipping and tripping on worksites and being caught in cave-ins.
As with most laws, there are exceptions. A New York construction accident attorney can determine how various labor laws apply to your case.
While workers’ compensation is designed to pay you while you are out of work and even cover medical costs, an additional personal injury claim could involve money for pain and suffering and awards beyond those typically seen in a workers’ comp case.