Section 240 of the New York Labor Law is often referred to as the “Scaffold Law” because it protects construction workers who work at heights and are at risk of
Injury Attorney Helping Workers in New York City and Beyond
Construction sites pose serious hazards, particularly when appropriate safety precautions are not taken to minimize the risk of accidents. Injury lawyer Nicholas Rose can assist New York City workers and others who have been harmed in these settings. With over 10 years of experience, Mr. Rose has secured several verdicts and settlements in the millions of dollars on behalf of accident victims. If you or a loved one has been hurt at a construction site, you may have a legal right to pursue compensation.
Assert Your Right to Compensation Following a Construction Accident
Negligence on the part of a person or a company may contribute to serious harm at a construction site. If someone was hurt due to the negligence of another party, he or she may seek compensation for any resulting injuries. First, it will be critical to determine who was at fault for the accident. There are various participants at a construction site, including property owners, general contractors, and subcontractors, as well as manufacturers of products used at the site. The New York Labor Law allows workers to recover damages from legally responsible owners and other parties. Three particular sections of this statute were enacted specifically to protect individuals injured in construction accidents
New York Labor Law Sections 200, 240, and 241(6) permit workers to seek money damages in certain cases. The purpose of these special protections is to place the responsibility for safety practices at construction sites on owners and general contractors, rather than the individual workers. For lawsuits governed by these three sections of the Labor Law, the injured person must be a construction worker who has been exposed to hazards.
Labor Law Section 200 mandates a duty to use reasonable care and to provide a safe workplace. For this section to apply, the defendant owner or general contractor must have exercised supervisory control over the operation. The elements of a negligence claim apply, including a duty of care, a breach of that duty, causation, and damages. In contrast to cases brought under other provisions, such as Labor Law Section 240, the plaintiff’s negligence may offset the defendant’s liability.
New York Labor Law Section 240 includes provisions for workers hurt on or by scaffolds, ladders, stays, slings, pulleys, and other similar devices. This section, commonly known as the “Scaffolding Law,” allows workers to bring lawsuits against general contractors or property owners that violate it. If a violation is found, the owner or contractor is strictly liable for workers injured due to inadequate or missing safety equipment at elevated work sites. Examples of Labor Law Section 240 claims include cases based on falls from heights, ladder falls, scaffolding accidents, and blows by falling objects.
A violation of New York Labor Law Section 241(6) imposes strict liability on property owners or contractors for the negligent failures of agents, employers, and subcontractors to perform duties involving construction, excavation, or demolition work.
Discuss a Labor Law Claim with a Lawyer in the New York City Area
Nicholas Rose can handle claims for compensation following a construction mishap such as a scaffolding accident in New York City or beyond. As a personal injury attorney, Mr. Rose understands the nuances of this area of law and the requirements set forth under the New York Labor Code as well as other state laws. He can represent injured individuals in Manhattan, Queens, the Bronx, Brooklyn, and Staten Island, as well as throughout Suffolk, Nassau, and Westchester Counties. Contact our office at (877) 313- ROSE (7673) or complete our online form to set up a free consultation.