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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 involving 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.