New York Labor Law 240(1)
Commonly known as the "Scaffold Law," New York Labor Law 240(1)
offers financial protection to construction workers who have suffered
elevation-related injuries. The labor law places absolute liability-meaning
that liability is imposed regardless of fault–on the property owner
and general contractor when a worker suffers an injury due to a fall from
elevation or is struck by a falling object. By placing absolute liability
on general contractors and property owners, the labor law essentially
provides construction workers compensation for damages for most elevation-related injuries.
While New York Labor Law 240(1) places absolute liability on general contractors
and property owners, it does not guarantee an injured worker compensation
for their damages. While absolute liability, in theory, automatically
entitles a worker to compensation, it does not prevent property owners
and construction companies from challenging the injured individual's
claim. In many cases, property owners and general contractors will do
whatever they can to avoid paying additional compensation to an injured
worker; including denying that their injury was elevation-related. As
a result, construction workers who have suffered elevation-related injuries
should seek the counsel of a lawyer with experience handling lawsuits
falls from heights at construction sites.
New York Labor Law 241(6)
Workers may be able to file a lawsuit under New York Labor Law 241(6) if
they were injured while performing construction, excavation, or demolition.
Under the labor law, property owners and general contractors must adhere
to all safety rules under section 23 of the industrial code. To ensure
worker safety in construction, demolition, and excavation, the labor law
places vicarious liability-meaning parties may be liable even when they
didn't know a violation occurred-on general contractors and property
owners for injuries that occur due to the violation of any specific safety
rule found in section 23 of the industrial code. For instance, if an
injury occurs because a load of steel members were released from a hoisting rope
before being fastened in place, the injured worker may have grounds for
a lawsuit against the general contractor and/or property owner as this
would be a violation of Section 23-2.3(a) of the industrial code. Property
owners and general contractors could be liable in the aforementioned scenario
even if they were not present when the violation occurred due to the law's
vicarious liability provision.
What Constructioin Workers Should Know Regarding the Labor Laws
Why Should You Hire a Construction Worker Injury Lawyer?
While grounds for compensation under New York Labor Laws 240(1) and 241(6)
may seem obvious to injured workers, construction companies and contractors
often disagree and are willing to fight claims in court. Property owners
and construction companies can have vast resources that they are willing
to exhaust in order to avoid paying injured workers the compensation they
may deserve. As a result, it is important that construction workers who
have suffered an on-site injury retain an attorney with experience handling
law suits relating to Labor Laws 240(1) and 241(6). At Queller, Fisher,
Washor, Fuchs & Kool, our
New York construction accident lawyers have a track record of success handling New York labor law lawsuits. Our
firm's resources and experience allow us to successfully combat property
owners, construction companies, and insurance companies in court. We have
secured numerous favorable verdicts and settlements over the years, many
of which have been greater than $1 million.
Have you suffered an injury while working at a construction site? Do you
believe you have a lawsuit under New York Labor Law 240(1) or 241(6)?
If so, call 212-406-1700 or
contact us online for a free consultation.
Queller, Fisher, Washor, Fuchs & Kool will review your claim to see how they may be able to help you.