New York Labor Laws
Under New York, Labor Law Section 200
, employers have a general duty to protect the health and safety of their employees. This includes but is not limited to:
Section 240 of New York’s Labor Law
- Providing reasonable and adequate protection.
- Ensuring that all machinery, equipment, and devices are operational, guarded, lighted, and in a safe condition.
- Making sure that there are no dangerous conditions and that any hazardous conditions are immediately remedied.
discusses scaffolding and ladder safety requirements as they concern workers who are injured in high falls, or because they are hit by falling objects. New York’s scaffolding laws are precise and require that workers are given proper protection. Additionally, all scaffolding must be able to “bear four times the maximum weight required to be dependent therefrom or placed thereon when in use” and must have safety railing attached if it is “more than twenty feet from the ground or floor, swung or suspended from an overhead support or erected with stationary supports.”
Section 241 of New York’s Labor Law
describes detailed information about how a construction site should be arranged, operated and run. Under section 241 (6), liability can also be imposed upon a property owner or contractor under whose supervision or control an accident occurs as a result of someone’s negligence.
When a construction company fails to adhere to these or any other Labor laws, they must be held accountable for resulting harm. Construction accidents result in countless preventable injuries and deaths
every year. Following state and federal safety guidelines can save numerous lives each year.
Construction’s Fatal Four
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA)
is a federal organization that works to ensure “safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education, and assistance.” According to OSHA, an average of 14 American workers die on the job every day. Over 20 percent of all worker fatalities in the private industry were in the construction industry.
Some of the most frequently cited standards violations in the construction industry include:
- Fall protection
- Scaffolding, general requirements
- Personal protective and life-saving equipment
- General safety and health provisions
OSHA has identified “Construction’s Fatal Four” or the four leading causes of death in the construction industry. The fatal four accounted for over half of all the construction worker deaths. The fatal four are falls, struck by an object, electrocutions, and caught-in/between.
When a company does not follow OSHA standards or the guidance of other regulatory agencies, they must provide compensation for any resulting injuries. If you were injured at a construction site or other workplace, contact our White Plains construction accident lawyers to discuss your case.
New York City’s Most Dangerous Profession
A recent CBS 2 New York
report indicates that construction had become the city’s deadliest job. As noted, accidents and injuries have been on the rise at the city’s nearly 45,000 active construction sites. Worksite deaths were up a staggering 33 percent, and injuries at construction sites were up over 200 percent from five years ago. Speaking to CBS, the Department of Buildings’ deputy commissioner of enforcement estimated that a quarter of the active construction sites at the time were not in compliance.
Third-Party Liability in Construction Accidents
Sometimes, construction accidents have more than one defendant. For instance, if a third-party contractor on the site was negligent in their work
and their negligence caused you to get hurt, they may be held legally responsible as a third-party. If your personal supervisor was negligent, both the construction company and your supervisor may be legally responsible for your accident.
While many construction accidents occur in the private sector, some happen during municipal or public works projects. Depending on the situation, the government may be held responsible for your injuries. It is essential to contact an attorney immediately to file the appropriate paperwork and ensure that all possible defendants are named in the lawsuit.
If you’re the victim of a construction accident, it may be difficult for you to determine if there is more than one person who is responsible for your injuries. Our construction accident lawyers in White Plains help victims receive the compensation they deserve.