How Are Construction Workers Protected in New York?

Michael Rose, New York construction accident attorney, lists some statutes under which employers and property owners may be held responsible for injuries to construction workers on an unsafe work site.

In New York State, we have some of the strongest laws in the country to protect construction workers who are injured on the job. Section 240 of the Labor Law of the State of New York protects construction workers when they’re injured in what’s called a gravity-related injury. That means when someone falls from a ladder, falls from a scaffold, or otherwise falls from a height, or an object falls from a height, striking a worker. In those circumstances, property owners and general contractors are responsible for ensuring that there’s proper workplace safety, and the law holds those parties responsible.

Now, Section 241(6) of the Labor Law of the State of New York applies to general types of hazards on construction sites. What the courts look at is what’s called the Industrial Code of the State of New York to determine whether or not there was a violation of a regulation. The purpose of that statute is to hold, again, owners and general contractors responsible for tripping hazards on construction sites, slipping hazards on construction sites, the failure to wear protective equipment, or provide workers with the proper protective equipment.

So, it’s more than just being able to bring a worker’s compensation claim when you’re involved in an accident. It’s more than just thinking it’s my employer’s fault that I was hurt. Our laws in New York State are very strong and very specific as far as holding the owners and the general contractors responsible for workplace injuries.