Construction Workers are Protected By Many Laws in New York
The construction industry remains quite dangerous for workers across New York and the United States. 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.” It is critical that construction workers understand their legal rights. This will help them protect their health and financial security.
Construction Workers Must Be Provided a Safe Work Environment
New York State and federal law require that all construction workers perform their job duties in a reasonably safe environment. Employers have a legal obligation to follow all of the health and safety standards set forth by the Occupational Safety and Health Administration (OSHA). This will include making sure that workers are given all of the equipment that they need in order to perform their job safely. For example, workers must be provided personal fall arrest systems when they work at a height of 6 feet or higher. Workers must also be provided with all of the necessary training and warning systems designed to prevent accidents.
Construction Workers Have a Right to Refuse Dangerous Work
In many different situations, construction workers may be asked to perform job duties that violate OSHA regulations or are otherwise dangerous. All construction workers have a legal right to refuse to perform these work duties. According to OSHA, “If the condition clearly presents a risk of death or serious physical harm, there is not sufficient time for OSHA to inspect, and, where possible, you have brought the condition to the attention of your employer, you may have a legal right to refuse to work in a situation in which you would be exposed to the hazard.” Moreover, it is illegal for construction companies to retaliate against workers who engage in whistleblowing about dangerous work conditions or refuse to perform dangerous work.
Construction Workers Have a Right to Recover Workers’ Compensation Benefits
All construction workers in New York have a legal right to receive workers compensation benefits if they are injured on the job. This is true, regardless of who may have been at fault for an accident. Some of the benefits that can be acquired through workers compensation can help cover numerous items:
- Medical bills
- Rehabilitation costs
- Lost wages
- Disability benefits
Injured workers do not need to prove that their employer was negligent. However, they must demonstrate that their injury was work-related. An example of a work-related injury might include breaking bones after being smacked by a piece of equipment.
Construction Workers Have a Right to Pursue Additional Damages
There are many different situations where a construction worker may be able to pursue damages aside from those that can be collected through the workers’ compensation system. An injured worker may be able to pursue damages through a third-party liability claim.
- Equipment manufacturers could potentially be liable for an injury that a construction worker suffered if their product was defective in some way.
- Drivers could also be liable if they collide with a construction worker on the roadway or in a construction site.
- Architects and engineers may also bear some level of responsibility if a design flaw with a property contributed to an accident.
Moreover, building owners and general contractors can be held directly responsible for construction accidents through numerous laws, including New York labor laws section 200, 240, or 241. In particular, Labor Law 240 allows workers to recover for most gravity-related accidents. This includes situations where a worker falls or is struck by a falling object.
Getting Legal Help for Construction Accidents in New York
Construction workers in New York have some of the most dangerous jobs, even under the best of circumstances. Their employers must do everything within their power to ensure that they follow all OSHA safety guidelines. But in far too many situations, this does not take place. It is ordinary workers who nearly always pay the price for these shortcomings with their bodies and their lives.
If you or someone that you care about has been injured in a New York construction accident, you may have legal recourse. Our team of highly experienced construction accident attorneys at GLK Law is here to help. We are committed to helping construction workers get the medical and financial support that they need in order to recover. Whether you just have legal questions or are wondering how an attorney might be able to assist in your particular situation, we are here for you. You can contact our office anytime at (516) 908-9792.
