New York has numerous labor laws that are specifically designed to protect the rights and safety of workers. If a company owns a commercial, residential, or industrial property, it must understand and implement procedures to remain in compliance with these laws. Lawsuits that allege a violation of the New York Labor Law 240 (known as the Scaffold Law), often result in higher settlement values simply because of the contractor and/or owner’s direct violation of a state-mandated law.
What Labor Law 240 Stipulates
- Property owners and managers are liable for any height or gravity-related accidents.
- Scaffolding and individuals struck by objects that fall from elevations are included.
- All contractors, as well as property owners and their agents, are responsible for scaffold safety.
- Property owners are liable for injuries that occur on construction sites due to failure to follow the labor laws and applicable regulations.
What are Examples of Violations of Labor Law 240 that Result in a Lawsuit?
There are several ways in which a labor law violation can result in a lawsuit against the property owner, manager, or construction company. Some examples can include, but are not limited to:
- When a property owner operates as a general contractor, and his or her employee falls from scaffolding while using a saw and sustaining severe injuries.
- A worker falls while using the property owner’s unclosed scaffolding system.
- A subcontractor’s workers are injured by objects that fall from unsecured scaffolding.
- A construction worker falls 30 feet to the ground when a handrail comes loose on the scaffolding.
- An employee falls while installing gutters.
- A contractor’s worker falls from a suspended scaffold.
What is Labor Law 240?
Labor Law 240 is known as the Scaffold Law, but it doesn’t necessarily apply to just scaffolding. Instead, it protects the rights of workers who are injured from high falls or being struck by falling objects. Under this law, parties (including a general contractor, project manager, property owner, or building owner) could be responsible for any injuries that fall under the Labor Law 240 category.
Liability Cases Involving Labor Law 240
New York Labor Law 240 allows injured workers to seek compensation if they are not provided with the proper protective equipment or the job site does not provide them with a safe means to complete their work. This law was created to protect workers and hold construction firms accountable for injuries resulting from falls or falling objects.
Liability cases filed against companies for violations of NYLL 240 are not defendable by past records of safe work environments. Once an incident does occur and a worker is seriously injured, legal action can be taken – regardless of whether the company has never had an accident prior to the new event.
Were You Injured on a Construction Site? Contact a Construction Site Attorney
Understanding labor laws and how they apply to your work-related injury is difficult. You need to speak with an attorney who understands all labor laws designed to protect construction workers. The team at Schwartzapfel Lawyers P.C. can help. We have helped countless injured workers just like you receive compensation for their pain and suffering, lost wages, and more. Schedule a consultation today at 1-888-575-6410 or fill out our online contact form with your legal questions.