New York scaffolding law allows a worker injured in a construction site accident to recover against property owners and municipalities. When an owner or New York municipality fails to remove safety hazards or to provide proper safety mechanisms, such as guardrails, those owners are liable for injuries that could have been prevented by such mechanisms. New York scaffolding laws hold owners absolutely liable for workers’ injuries that result from a fall of more than 18 inches. If you have been injured in a construction accident, it is important to seek the advice of a lawyer to ensure your rights are protected. The right lawyer can help you recover the money you need to put your life back on track after an injury at work.
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Labor Law § 240(1) is a helpful protection for injured workers because it establishes strict liability. This means that certain parties can be held liable for the injury based on solely on violation of a safety rule, without the need to find negligent behavior. To recover under this law, a worker is required to show that it was necessary to engage in the work that led to the injury and that a safety device of the type listed in the statute could have prevented the injury from occurring. The devices listed in the statute include “scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices”. These devices must be “constructed, placed and operated” in a way that properly protects the worker from a falling hazard on the construction site.
New York Labor Law §240(1), if applicable, can thus be a powerful tool for those seeking compensation for injuries involving gravity related hazards. These cases often involve ladder accidents, scaffolding accidents, trench accidents, and other situations involving trips or falls. It is very possible that if you fell at work and a safety device could have prevented the injury, a lawyer may be able to help you take advantage of this statute to make you whole. It is thus important that you seek an experienced lawyer to discuss the possibility of a claim based on New York law if you were injured on a construction site.
New York has many laws in place intended to protect all types of workers, including construction workers, from workplace injuries. Injured workers are very often allowed to bring personal injury lawsuits to seek compensation for their injuries. A good lawyer can help determine how to receive that compensation, whether through workers compensation claims or through a personal injury lawsuit. A lawyer can also help negotiate a settlement. Workplace injuries can often lead to a sense of frustration and helplessness. Manuel Moses, Esq. is a New York lawyer who can help you with seeking a claim to help you cope with your injury. You can contact the law office for a free consultation at 212-736-2624, extension 11.
Disclaimer: Nothing on this page constitutes formal legal advice and you are strongly urged to consult a lawyer about your injury and potential law suit.