New York Labor Code § 23-1.12 sets forth regulations regarding guarding of power-driven machinery. According to the code, there are specific machines that must have proper guarding when operated by a construction worker. This is to protect the worker from potential danger from sharp machinery or parts. The employer can be held liable if a power-driven machine that is not properly guarded causes an injury.
On the construction site, there are numerous different types of equipment. Many of these are power-driven and fall under this code. The list covers a number of different machines and explain ways they can be guarded if not done so by location or design.
Guarding of power-driven machinery refers to:
These guards are to prevent the operator from making contact in any way that would potentially cause them harm. The dangerous components shall be completely enclosed completely by guard, location, or design of the machine. For instance, a power-driven saw must have a guard that would prevent the operators hand from coming into contact with the teeth during use.
If you are forced to use power-driven machinery without proper guarding and it results in some kind of injury, you may be able to pursue legal action. In some cases, this could be a design defect in which the manufacturer does not warn of the potential danger, and it may be because a contractor did not provide proper training or equipment.Our New York City construction accident lawyers at The Perecman Firm, P.L.L.C. are dedicated to making sure you understand your rights as a worker. You deserve to be protected from any potential dangers on the work site. Call us at (212) 577-9325 to schedule your free case evaluation and learn more about your potential lawsuit to seek damages associated with the construction accident.
The Perecman Firm, P.L.L.C.'s team of NYC personal injury attorneys have recovered more than $400 million in verdicts and settlements for their clients. We understand the financial and emotional toll a serious accident can have on your life. That’s why we dedicate ourselves to maximizing your recovery and securing what you deserve.
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