According to the Occupational Health and Safety Administration, four of the top 10 industrial code violations pertain to the construction industry. Construction workers risk their safety every day, but legislation aims to protect them. New York Labor Law 241(6) outlines some key regulations for construction site safety and property owner liability.
What exactly does this law entail, and how does it impact you? Below, our legal team at the Law Office of Frank J. Cassisi, P.C. shares what laborers need to know. Contact our firm if you were hurt on the job and want to speak with a construction accident lawyer in New York.
Understanding the Basics of New York Labor Law 241(6)
New York has three key pieces of legislation that pertain to construction workers. Section 200 mandates broad safety measures across all industries to protect the health and safety of employees. Section 240, also known as the Scaffold Law, focuses on liability issues for injuries impacting those who work at elevated heights, including construction crews standing on scaffolding.
Section 241(6) involves specific safety measures for those working on construction, demolition, and excavation projects. This New York construction law outlines several requirements for crews, contractors, and property owners, including:
- Adding planks to the floors beneath the work if they don’t have double flooring
- Conducting an asbestos survey before starting a demolition
- Placing safety barriers around elevator shafts used to hoist materials
Those overseeing construction projects must also abide by health and safety codes set by the New York Department of Labor. Some of these regulations include setting load limits for scaffolding, inspecting hoisting equipment before each use, and having trained, certified operators in charge of cranes and other lifting equipment.
Who Is Liable for a New York Construction Accident?
Under New York Labor Law 241(6), certain safety violations could make a property owner or contractor in charge of the project liable for a worker’s injuries. There is one notable exception, however. Those who own a one- or two-story home, hire contractors, and do not direct or control the contractors’ work are not liable for any injuries that may occur.
Say your team is hired to build an addition on a one-story house on Long Island. If you become hurt due to inadequate safety precautions, you may consult a construction accident lawyer in Mineola. Given the circumstances, a legal professional may determine that your employer is liable for your injury rather than the homeowner.
How a Construction Accident Lawyer in Mineola May Be Able To Help
While the state has various construction worker protections in place, the average laborer may not be aware of every one. It’s crucial to know your rights since workplace injuries are extremely prevalent in the construction industry. According to the Insurance Information Institute, construction workers account for 6.1% of all occupational injuries and illnesses.
After you become hurt on the job, you have the right to file a workers’ compensation claim. If approved, you could receive up to $1,222.42 in weekly benefits, according to the latest Workers’ Compensation Board restrictions.
You can file for workers’ compensation even if your employer doesn’t neglect safety precautions. If they are in violation of Labor Law 241(6), you may have grounds to pursue a personal injury claim.
Consult an experienced attorney about your options. Legal counsel can review the nature of the accident and recommend your next steps. If you choose to file a claim against a liable party, you can rely on a lawyer for the following:
- Gathering and reviewing evidence: Evidence may include the employer’s incident report, your medical records, and statements from witnesses.
- Assessing damages: Attorneys calculate a plaintiff’s damages by reviewing their medical expenses, lost wages, and overall pain and suffering following an accident.
- Negotiating with liable parties: Personal injury lawyers aim to settle their clients’ cases through negotiations with the defendant and their legal team.
- Representing you in a trial: If you’re unable to reach a pre-trial settlement, the case will end with litigation.
What You Should Know About Seeking Financial Compensation for Your Injuries
When you believe your employer or a property owner is in violation of New York Labor Law 241(6), you may be able to sue them for damages following a workplace accident. How much could your case be worth?
The National Safety Council reports that the average workplace injury requiring medical consultation costs $43,000. Your damages may be much different depending on the severity of your injury. Serious injuries may lead to prolonged medical treatment, several months of missed work, and a drastic change in one’s quality of life.
Financial compensation is not a certain outcome when you file a claim. However, lawyers can explore different negotiation tactics to reach a fair settlement, though outcomes vary for every case.
Discuss Your Case With a Construction Accident Lawyer on Long Island
Were you recently hurt in an accident at a construction site? If your employer or the property’s owner was in violation of New York Labor Law 241(6), you may be able to pursue a personal injury claim. The Law Office of Frank J. Cassisi, P.C. is committed to helping victims of construction accidents.
Don’t hesitate to contact us if you need a construction accident lawyer on Long Island. Founding attorney Frank J. Cassisi takes on a wide range of personal injury cases and has decades of experience. Call (516) 294-5050 to request a free consultation.
Frequently Asked Questions
Learn more about New York construction laws and accident safety below.
Are Certain Construction Workers At a Greater Risk of Injury?
Yes. According to the CDC, Hispanic and female laborers face greater injury risks due to disparities in training materials and personal protective equipment.
When Should You Contact a Construction Accident Lawyer in New York?
Consult a construction accident lawyer in New York shortly after receiving medical treatment for your injuries.
What Evidence Might Support Your Claim That a Contractor or Property Owner Violated Labor Law 241(6)?
Evidence that may support your claim includes witness statements, photos from the accident scene, work records, and other incident reports citing safety issues.
