Understanding New York Labor Laws

New York Labor Laws

Construction can be a dangerous line of work in New York, but luckily, several New York Labor Laws are in place to protect construction workers. Through its Labor Laws, New York provides protection to construction workers who are injured while involved in the demolition, repair, alteration, or preparation of commercial buildings in New York and New York City. New York Laws are on the side of construction workers injured on the job. However, having an experienced New York construction accident victim lawyer is still important to ensure someone is on your side.

New York Labor Law 200

New York Labor Law 200 is also known as Common Law Negligence. New York Labor Law 200 requires construction company owners, contractors, and other parties to exercise precautions to provide a safe working environment for construction workers. The law requires construction company owners, contractors, and other parties to provide reasonable protection for construction workers who operate equipment, devices, and machinery, as well as adequate lighting and safety guardrails to prevent falls. New York Labor Law 200 also covers visitors to construction and job sites.

New York Labor Law 240

One of the most significant labor laws in New York is New York Labor Law 240, also known as the “Scaffold Law,” which provides protection for construction workers who are at risk of falling and sustaining “gravity-related injuries” while performing their work duties on commercial buildings, including apartment buildings. New York Labor Law 240 covers, for instance, 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. New York Labor Law 240 provides an additional recovery option for injured workers beyond what they would obtain through workers’ compensation. It covers repair work, construction, and demolition work on buildings in New York, including:

• New building construction
• Repairing
• Altering
• Demolition
• Cleaning
• Erection of building materials
• Painting

It protects workers at risk of falling on the job while utilizing ladders, scaffolds, and other support devices that elevate off the ground. The law also covers tools, debris, and other materials that fall off elevated surfaces, such as scaffolds, onto people and other construction workers below. The law covers workers at buildings, as well as subway tunnels, garages, waste towers, bridges, and other structures. New York Labor Law 240 only pertains to workers engaged in the construction of a building, not to the maintenance of a building, such as a cleaning person. New York Labor Law 240 also does not pertain to inspectors or those involved in salvaging materials from the job site. New York Labor Law 240 intends to place ultimate responsibility for safety practices at construction sites upon the owners and general contractors instead of the workers not in a position to protect themselves. New York Labor Law 240 requires the responsible parties, such as a company, general contractor, or building owner, to create safe working conditions to prevent falls, such as utilizing scaffolding with safety rails and bearing weight equal to four times or greater than the weight of workers and their necessary materials. New York Labor Law 240 also requires the construction site owner or manager or another negligent party to provide necessary protective equipment and gear, and they must enforce the use of such equipment in a safe manner. New York Labor Law 240 holds contractors and construction companies liable for injuries and accidents involving falls from ladders, scaffolds, and other heights. The law allows it so that there is no liability on the worker injured or how they might have contributed to an accident. Luckily, this law holds the construction company running the job site liable. However, the question of who is liable for the injury and damages does come into play. If another party is found liable for the accident, blame and liability could be shifted to another party. When a violation of the law occurs, an injured worker can bring a claim to pursue compensation for their losses. Hach & Rose, LLP recently settled a New York Labor Law 240 case for $1,750,000. In that case, we represented an electrician hoisting a 400 lb. metal box when it fell off the lift, and the box 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 New York Labor Law 240, we obtained a court order stating that the defendant was responsible for the accident. The experienced attorneys at 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 (212) 779-0057 for a free consultation.

New York Labor Law 241

New York Labor Law 241 refers to safety, demolition, and excavation equipment. New York Labor Law 241 requires employers and contractors to provide adequate and reasonable safety precautions for construction workers on job sites. New York Labor Law 241 covers workers injured in other activities on a job site, such as demolition and excavation. Under this law, construction site owners, managers, or other responsible parties on a job site must arrange equipment to provide and promote the maximum safety of workers and visitors.