New York Has Some of the Strongest Protections for Workers Engaged In Construction
The construction industry continues to be overrepresented in terms of the number of people seriously injured or killed in accidents each year. According to the Bureau of Labor Statistics, “In 2022, nearly 1 in 5 workplace deaths occurred in the construction industry and 38.4 percent of these deaths were due to falls, slips, and trips. The construction industry accounted for close to half, 47.4 percent, of all fatal falls, slips, and trips in 2022.” What follows below are some of the most common laws used to protect construction workers in New York.
New York Labor Law § 200
New York Labor § 200 is a general safety provision that requires all employers and contractors to maintain worksites in a safe environment. Pursuant to the statute, “All places to which this chapter applies shall be so
constructed, equipped, arranged, operated and conducted as to provide
reasonable and adequate protection to the lives, health and safety of
all persons employed therein or lawfully frequenting such places. All
machinery, equipment, and devices in such places shall be so placed,
operated, guarded, and lighted as to provide reasonable and adequate
protection to all such persons.” This entails that construction sites have properly maintained equipment, adequate ventilation, and reasonable safety precautions.
New York Labor Law § 240
New York Labor Law § 240 is commonly referred to as the scaffold law. Building owners and general contractors in New York could be strictly liable for an accident under New York Labor Law § 240. There are several situations where the statute may apply.
- A worker falls from a ladder, scaffold, or roof.
- A worker is hit by an object that fell from a higher level.
- A worker is injured after some type of hoist or pulley system fails.
The statute covers all gravity-related accidents, including incidents where workers fall or are struck by falling objects. The statute will apply when a worker is engaged in “the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure.”
New York Labor Law § 241(6)
New York Labor Law § 241(6) requires that construction sites comply with certain safety rules and industrial codes. The key issue here in determining liability is identifying specific safety rules or industrial codes that were neglected. Here are just a few examples.
- Passageways must be kept free of debris and other potential tripping hazards.
- Floors and passageways must be kept clear of ice, oil, or other substances that could cause the surface to become slick.
- Workers must be provided with eye protection if they’re exposed to flying particles or substances.
- Guardrails and safety nets may need to be established in certain locations when workers are performing duties at heights.
- Construction materials must be stored in a stable manner that prevents them from falling over and injuring workers.
Owners and general contractors must “provide reasonable and adequate protection and safety to the persons employed therein or lawfully frequenting such places.” In particular, a violation of a safety code could create liability.
Getting Legal Help After Construction Accidents
Construction accidents can be absolutely devastating for workers. It is fairly common for them to need to take extensive periods of time away from work. They could also be left with high medical bills. It is critical that injured construction workers understand that they do have legal recourse if they’re injured on the job.
Have you or someone that you care about been injured in a New York construction accident? You may be entitled to financial compensation. Our team of personal injury attorneys is here to help in any way that we can. We care deeply that construction workers get the support and justice that they are entitled to under the law. You can reach out to us anytime at (516) 908-9792.
