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How New York’s Labor Laws Protect Construction Workers from Injuries

New York Has Some of the Strongest Protections for Workers Engaged In Construction

How New York's Labor Laws Protect Construction Workers from Injuries

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.

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Jeff Korek
Jeff S. Korek
Senior Trial Partner
New York State Bar #2089290

Jeff S. Korek is a New York trial lawyer and Senior Trial Partner at Gersowitz Libo & Korek, P.C., where he has practiced since 1992. Over more than three decades of practice, Jeff has represented clients in complex personal injury and medical malpractice cases and has secured significant verdicts and settlements, including $10 million and $20 million recoveries in medical malpractice matters involving childbirth complications, as well as an $18 million settlement in Gardener v. City of New York.

Jeff has been recognized by The Best Lawyers in America since 2006 and has received multiple “Lawyer of the Year” honors, including for Personal Injury Litigation – Plaintiffs in New York City in 2016 and Medical Malpractice Law – Plaintiffs in New York City in 2020. He has also been repeatedly selected to Super Lawyers, including the Top 100: New York – Metro list. With decades of experience handling complex cases, a strategic approach to litigation, and a strong commitment to clients, Jeff Korek has built a distinguished practice in New York personal injury and medical malpractice law.