How Does Labor Law 240 Protect Your Rights?
We Take a Stand for Injured Construction Workers
Learn How Labor Law 240 Protects Your Rights for Safety
Construction work is one of the leading careers in the nation. It is estimated that roughly 6.5 million people work on construction sites throughout the country. Of that number, an estimated 2.3 million work on scaffolds. These are large structures that allow individuals to work at greater heights. However, not all construction sites are created equally.
If the correct safety precaution is not taken, it can lead to serious damage. The Occupational Safety and Health Administration (OSHA) estimates an average of 80 deaths and 4,500 injuries caused by scaffolding falls. That is why Labor Law 240 protects construction workers.
What is Labor Law 240?
New York Labor Law 240 protects the rights of construction workers who must work at a higher height. The statute asserts all premises’ owners and contractors, except owners of one- and two-family dwellings. It protects employees from special hazards related to height when engaged in the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure.
The law establishes measures to protect individuals working at higher heights. It forces employers to provide the appropriate tools and gear to protect workers from falls and falling objects.
Examples of § 240 claims include:
- Falling objects – If employers or the company in charge fails to ensure all objects and materials are properly mounted and hoisted, and an injury occurs because of a falling object, the injured worker can have claims under the § 240 statutes.
- Falling workers – Under the statute, construction workers on scaffolds must be provided with the appropriate gear such as harnesses and guardrails. If the employers fail to do so, they are in violation of this labor law.
- Unstable material – Unsecured floorboards and railing violates the § 240 laws. Proper maintenance and site checks need to be administered to ensure the quality of the premise structures, such as stairways and decks.
- Collapsing structures – Much like providing stable materials, employers must also check to ensure their buildings are properly built, to keep workers from falling.
In general, construction workers are asked to wear the appropriate safety gear while the employers are meant to provide them. If a violation of the labor law 240 occurs, an individual can have grounds to seek compensation.
Three things to consider in § 240 claims:
- The injured party must be working on a construction site at the time of injury
- The defendant must fall under the labor laws
- The injured party must show that the defendant failed to adhere to the labor law, which resulted in the injury
Contact The Perecman Firm, P.L.L.C. Today!
At The Perecman Firm, P.L.L.C., we believe that construction workers should feel safe while they work. We aim to uphold the statutes listed in Labor Law 240 and hold violating parties accountable. If you experienced an injury while working on scaffolding or at a high height, due to negligence, contact our New York construction accident attorneys today!