NYC Labor Law 240
How Does Labor Law 240 Protect Your Rights?
The scaffold law protects construction workers from falls and other gravity-related accidents on the job site – and provides a way to recover compensation when workers get hurt. It requires property owners, contractors, employers, and other responsible parties to provide adequate safety equipment for those at a higher risk of gravity-related injuries. If and when they fail to make these provisions, and someone gets hurt, New York Labor Law holds responsible parties liable for compensating the victim for any injuries and consequences of those injuries.
You should not hesitate to reach out to The Perecman Firm, P.L.L.C., if you have been hurt in a gravity-related accident on a construction site. With over 40 years of experience, our legal team knows what it takes to get justice for our clients. Call or contact us online for a free consultation now.
What Is New York Labor Law 240?
New York Labor Law 240 protects the rights of construction workers who must work at heights. It requires employers to provide the appropriate tools and gear to protect workers from falls and falling objects – in other words, accidents involving gravity.
Labor Law 240 requires all owners and contractors or their agents, except one and two-family dwelling owners who contract for the work but don’t direct or control it, to provide workers with safety devices, including:
- Additional devices to adequately protect the employed person
The law applies to employees performing labor on a building or structure that involves these tasks:
How Do Scaffolding Accidents Occur in NYC?
Numerous circumstances can contribute to a suspended scaffold accident in NYC, such as:
- A defective or damaged railing resulting in collapsed scaffolding
- Inadequate maintenance
- Missing or insufficient safety gear and equipment
- Overloading the scaffolding beyond the maximum allowed weight limit
- Constructing scaffolding too close to live power lines
- Securing the scaffolding incorrectly to a building or structure
- An unstable surface provided to perform construction work
- Unsecured tools falling from scaffolding
Who Is Liable for a Labor Law 240 Claim?
The doctrine of strict liability holds a property owner, contractor, employer, or other responsible party liable for a height-related or gravity-related accident at an NYC construction site. That means the injured worker does not have to prove the property owner, contractor, employer, or other responsible party was negligent. The injured worker simply needs to prove that their injuries resulted from an accident due to a violation of the statute.
Because Labor Law 240 uses the legal concept of vicarious liability, the property owner, contractor, employer, or other responsible parties can be required to pay compensation even if they had nothing to do with the specific work that led to the injury.
Here are the three key factors for a successful Labor Law 240 claim:
- 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.
Although the law doesn’t guarantee compensation, it does limit the defenses an owner or contractor can use in claims brought against them. An employee’s actions aren’t a consideration in determining liability for a scaffolding accident. That means the responsible party is entirely liable, even if a construction worker was partially to blame for the accident.
Potential Compensation in a Labor Law 240 Case
New York Labor Law 240 can help an injured construction worker get the full compensation they need to cover all their losses and move on with life after a gravity-related injury. Workers’ compensation benefits only cover medical treatment and a portion of lost wages. A successful claim under Labor Law 240 can provide additional money for losses not covered by workers’ compensation insurance, such as all lost income, pain, suffering, and emotional distress.
What NYC Construction Workers Need to Know
According to New York Labor Law 200, places where an employee works or frequents must be operated, constructed, arranged, conducted, and equipped with adequate and reasonable protection for the health, safety, and lives of the employees and other people who frequent those places.
The construction of all scaffolding must be able to hold four times the maximum weight required while a worker uses it. If scaffolding is over 20 feet from the floor or ground, erected with stationary supports, or suspended or swung from overhead support, it must have a safety rail made from a suitable material that is bolted, braced, attached, or otherwise secured, rises at least 34 inches above the main parts of the scaffolding or floor, and extends the entire length of the outside and ends. Fastening the scaffolding to prevent it from swaying from the structure or building is also a requirement.
The scaffold law protects undocumented workers who get hurt if a contractor or owner violates a safety regulation. An undocumented worker might be entitled to compensation for a scaffolding-related injury.
Why You Need Our Lawyers for Your NYC Labor Law 240 Claim
You should contact the NYC scaffold accident lawyers from The Perecman Firm, P.L.L.C., promptly after a construction accident. We understand the severity of construction injuries and how much they can interfere with your life. You might be unable to return to your job, resulting in a loss of income. You can face crushing debt if you can’t afford to pay your medical bills and other expenses.
The construction accident attorneys at The Perecman Firm, P.L.L.C., can handle every aspect of your Labor Law 240 claim. You should focus on treating your injury while we take care of everything else.
Our reputation and more than half a billion dollars of case results show our ability to successfully represent injured workers. Our award-winning team has received recognition for our legal services from prestigious publications, including The Best Lawyers in America, Super Lawyers, and the Multi-Million Dollar Advocates Forum.
Call an Experienced NYC Scaffold Accident Lawyer Today
The law is supposed to be on your side when you’re an injured construction worker. However, property owners, contractors, employers, and their insurers often hire intimidating and aggressive attorneys to defend them in labor law claims. You should not go up against them without a dedicated legal team in your corner.
The Perecman Firm, P.L.L.C., has a deep understanding of New York labor laws and the difference they can make for workers injured in height-related accidents on construction sites. You can count on us to fight for you.
Contact us now for a free consultation.