Managing Partner
When workers get hurt on the job, they can usually file for workers’ compensation. They may also be able to file a third-party claim against the property owner and others. Both of these legal systems are found in all states.
But New York goes further in providing special legal protections for workers, especially on construction sites. When certain safety laws are violated, it may give victims another avenue by which to seek compensation. The Long Island injury firm of Dell & Dean takes a closer look.
The Basics of New York’s Labor Laws
Every state provides two broad means of legal recourse for workers who get hurt on the job. One is through the traditional workers’ compensation system, which is not fault-based. The other is through filing a negligence claim against a third party, if the circumstances permit.
For example, if you are injured on a Long Island construction site, you can file for workers’ comp with your employer. But say a piece of equipment had a manufacturing defect that caused your injury. In that case, you can file a personal injury claim against the manufacturer.
New York allows these claims, but also does more. There are special statutory protections for construction and other types of workers who get injured. These rules impose a higher safety standard on contractors and property owners.
There are three main statutes in the New York Labor Law that provide these extra protections:
Section 240(1)
This is the Scaffold Law and it protects workers in construction, painting, building cleaning, and other occupations that require certain means of elevating workers, like scaffolding. The law requires proper safety devices such as scaffolding, hoists, ladders, pulleys, and other items.
Section 240(1) applies if workers are hurt in certain falls, like from ladders, scaffolds, roofs, and elevated positions. It also applies if an object falls from one of these heightened positions and strikes a worker.
Section 241(6)
This part of the Labor Law requires owners and contractors to follow a set of construction safety rules contained in the New York Industrial Code. Some of the rules concern:
- Construction
- Demolition
- Trenches and excavations
- Safety railings
- Fall protections
- Debris removal
- Hazardous equipment usage
An injured worker who can identify a specific violation of the Industrial Code, and show how the violation caused their injury, can take legal action pursuant to this statute.
Section 200
Section 200 codifies the common law requirement to provide a reasonably safe workplace. A worker who can show that an owner or contractor has authority over the site and failed to correct a hazardous condition they knew or should have known about may have a claim.
Suppose there is an unsafe condition on a Long Island job site that a contractor controls. The evidence shows that the contractor either knew about the problem or should have known about it, but let workers keep working anyway. If someone gets hurt, the worker can file a lawsuit.
How These Laws Help Injured Workers
In a third-party accident case, a worker would need to prove the elements of an ordinary negligence claim: duty of care, breach, causation, and damages. Establishing all four of these can be challenging, but regardless the burden lies with the injured worker.
Violations of the New York Labor Law allow workers to pursue statutory claims that are separate from ordinary negligence claims. In other words, the worker may not need to prove negligence in the same way that a traditional personal injury lawsuit requires.
The Scaffold Law is a great example of this. An injured worker would need to prove that the law protects them specifically. But if they can show that the contractor somehow broke the law, and the violation caused their injury, they will likely prevail in an accident lawsuit.
It’s Time to Take Action
Overall, New York provides several options for injured workers to receive compensation for different kinds of losses. This is great news for anyone in Long Island who has been hurt in the construction industry or others that are subject to the above statutes.
Nonetheless, it’s up to you to carefully explore your options and then develop a legal strategy that can help you win the financial support you need. Were you injured at work? Give Dell & Dean a call or complete our online contact form to schedule your initial consultation.
