New York construction accident lawyer explains liability
Four construction workers were injured April 11 when they fell 10 feet to the ground after a support structure gave way. At the time of the accident, the workers were helping to build a new school in Kiryas Joel, New York, reported News 12 Hudson Valley.
One worker was flown to Westchester Medical Center with what was thought to be fractured bones. The other three were treated at Good Samaritan Hospital.
All of the workers are “expected to be OK,” News 12 reported. The Occupational Safety and Health Administration (OSHA) is investigating the accident.
Construction site falls are one of the leading causes of injury and death for New York construction workers.
New York laws protect workers who fall on a construction site
New York State has a specific set of labor laws written to protect construction workers and ensure that those workers who have been injured on the job may receive fair compensation if an injury occurs.
One of those labor laws is New York Labor Law Section 240. This law is also known as the “Scaffold Law.”
New York Labor Law Section 240 offers special legal protection to construction workers who are working at elevated levels. This law specifically covers accidents involving heights, such as falls from scaffolds or raised platforms, ladder falls, or objects falling onto workers.
Section 240 places strict liability on the part of the general contractor, project owner, and/or others in the event a construction worker falls from a height sufficient to cause injury or death. It is the responsibility of these third parties to provide a safe working environment and make sure that the workers working at an elevated location are safe.
According to Section 240 of the New York Labor Law, it is the responsibility of the third party (as opposed to the workers themselves) to provide proper or non-defective safety devices that guarantee the safety of workers who are performing tasks at an elevation. These safety devices may include safety lines, lanyards, safety harnesses, barricades, netting, fencing, and/or guardrails.
According to OSHA, most workplace accidents are avoidable and can be prevented if proper safety protocols are in place.
Fall-from-height injury compensation, third-party lawsuits and workers’ compensation
When establishing responsibility for a fall, the fault of the construction worker, if any in a job-related accident, is minor, unless that worker refused to follow clear directions. For example, if the worker started a fight which led to the fall or refused to use a safety device that was appropriate.
New York construction accident lawyers at The Perecman Firm have 30 years of experience filing third-party lawsuits, as well as advising on the workers’ compensation process. Lawyers at the firm evaluate benefits, negotiate fair compensation, and help with lawsuits and claims from beginning to end. They also provide representation during disputes regarding workers’ compensation and manage the appeals if a claim has been denied.
The Perecman Firm has successfully represented many individuals in New York workers’ compensation claims and New York construction accident cases. They have won multimillion-dollar verdicts and settlements for individuals who were hurt, and families of those who have died. Contact The Perecman Firm.