New York Labor Law Section 240 Statute
By: Michael Rose
New York Labor Law Section 240 is known as “The Scaffold Law.” It places absolute liability upon owners or general contractors who do not comply with the statute’s protection. The intent behind the law is to place ultimate responsibility for safety practices at construction sites upon the owners and general contractors, instead of the workers who are not in a position to protect themselves. Specifically, section 240 of the Labor Law holds property owners and general contractors responsible if there is a gravity-related injury. This means if a worker falls from a height, or an object falls from a height and strikes a worker, that worker can recover against a third party on or affiliated with the work site. When a violation of the law occurs, an injured worker can bring a claim in order to pursue compensation for their losses.
Last week, Hach & Rose, LLP, settled a Labor Law Section 240 case for $1,750,000. In that case, we represented an electrician who was hoisting a 400 lb. metal box when it fell off the lift and hit him in the head. As a result of this accident he suffered disabling injuries and had to undergo knee surgery.
Due to the protection of the Labor Law, we were able to obtain a court order stating that the defendant was responsible for the accident. This left only the question of damages, which allowed us to obtain maximum recovery. While money can never replace good health, a successful claim provides our clients and their families with financial security.
Hach & Rose, LLP, are dedicated to vigorously protecting the rights and interests of those who have been hurt on construction sites due to the negligence or recklessness of another party. Contact Hach & Rose, LLP, at 866-LAWS-USA or (212) 779-0057 for a free consultation.