Construction projects are ongoing throughout New York City, putting crews at risk of serious injuries should an accident occur. New York’s Labor Law 240, also known as the “Scaffold Law,” aims to protect construction workers from scaffolding-related accidents and injuries. What does this legislation entail, and how can you navigate Scaffold Law injury claims?
The Law Office of Frank J. Cassisi, P.C. is here to answer these questions and more. Learn more about this important labor law below, and don’t hesitate to contact our firm if you need a scaffold accident lawyer in New York.
Four Key Things To Know About New York’s Scaffold Law
Both state and federal labor laws exist to protect workers from unfair treatment and unsafe conditions. New York’s Scaffold Law focuses on construction sites and the dangers of working on an elevated surface. This law offers numerous protections for workers and defines liability should an accident occur.
Check out some notable aspects of this legislation and what it means for construction crews.
1. The Law Dates Back to the 1800s
Labor Law 240 was first written and enacted in 1885 as New York City was in the midst of a major expansion. Construction remains prevalent in the Big Apple today as new projects are constantly taking place. The New York Building Congress reports that 44% of the state’s construction projects take place in New York City.
In the decades since the law’s passage, it has undergone various amendments. Any scaffold accident lawyer in New York may refer to this legislation while representing clients who were hurt working at a construction site.
2. It Doesn’t Hold Injured Workers Liable
Imagine crews are erecting a new building, with one worker perched on scaffolding several stories above the ground. If the structure were to suddenly give in and send the worker plummeting, who would be at fault? Under New York Labor Law 240, liability for accidents like these falls on general contractors or owners of the work site.
When a case meets the criteria of Labor Law 240, victims won’t have to worry about comparative negligence. This concept determines the fault percentage of the injured party and can affect the total damages they’re eligible for.
While the Scaffold Law aims to protect laborers from any liability, it doesn’t make the job any less dangerous. According to the New York Committee for Occupational Safety and Health, 19% of workplace fatalities stem from the construction industry.
3. It Outlines Specific Safety Requirements
Construction accidents may occur if contractors and site owners fail to comply with safety requirements. Under New York Labor Law 240, crews must take certain precautions to make scaffolding safe for workers. Construction fall protection measures include:
- Equipping scaffolding with supports when it extends more than 20 feet off the ground
- Having a safety railing on scaffolds that comes up at least 34 inches from the floor of the structure
- Constructing scaffolding to hold four times the weight requirement
4. Protections Don’t Just Extend to Scaffolds
Although it’s known as the Scaffold Law, Labor Law 240 pertains to any type of elevation-related safety risk. For instance, if someone is working on a ladder and an accident occurs, they may have grounds to pursue a workplace injury claim. This also applies to laborers using hoists or harnesses.
It’s a common misconception that only construction workers are eligible for accident-related damages. While the law is rooted in preventing construction accidents, it also applies to other industry professionals working at high elevations. Exterior painters, maintenance crews, and even electricians may have protections under this legislation.
What Are a Construction Worker’s Rights If They’re Hurt on the Job?
If you’re injured while working in a construction zone, you may seek guidance from a scaffold accident lawyer in New York. State laws grant certain protections to injured laborers, but does this mean you can receive financial compensation? There are two common avenues for potentially seeking compensation.
Many professionals start by filing a workers’ compensation claim. No-fault insurance benefits may be available to compensate laborers for some of their medical expenses and lost wages. However, there is a cap on weekly workers’ comp benefits, and they generally don’t account for one’s pain and suffering.
What happens if you’re hurt while working on scaffolding and there are insufficient safety measures in place? You may file for workers’ comp benefits and pursue additional compensation by suing a liable third party. Labor Law 240 permits injured workers to take legal action against contractors or property owners upon meeting the filing criteria:
- Proper job duties: The law covers workers within the construction industry as well as those performing building repair or maintenance.
- Elevation-related injury: An accident must stem from elevation hazards, such as falling from insecure scaffolding.
- Lack of safety measures: If a construction company fails to provide required safety equipment or take adequate measures, they may be held liable.
Filing a personal injury lawsuit allows the victim to pursue both economic and non-economic damages. However, it can be a time-consuming process that may ultimately end in a civil trial.
How a New York Construction Accident Attorney May Be Able To Help
Construction accidents come at a tremendous cost. According to a study published in Accident Analysis & Prevention, construction accident injuries represent 15% of the costs for all private industry injuries. If you’re facing mounting medical bills and time away from work because of a scaffolding accident, reach out to a New York construction accident attorney.
These legal professionals have a deep understanding of Labor Law 240. They can answer your questions regarding the legislation and determine whether you have grounds to sue a liable party. Attorneys may assist injured clients with the following:
- Gathering evidence: To build a compelling case, you’ll need sufficient evidence, such as witness testimony and equipment safety records.
- Calculating damages: Lawyers determine an amount that properly represents a victim’s losses.
- Negotiating with insurers: In an effort to settle the case, attorneys present their evidence and advocate for a certain amount of damages for the victim.
- Litigation: Should a case end with a trial, lawyers guide plaintiffs through the process.
Do You Have a Scaffold Accident Claim? Consult a Construction Injury Lawyer in NYC
We at The Law Office of Frank J. Cassisi, P.C. are familiar with all of the labor laws for injured construction workers, including Labor Law 240. Our dedicated attorneys understand injured workers’ rights and assist with Scaffold Law injury claims. If you were hurt and unable to work because of a construction site accident, you may wish to pursue compensation.
Consult our legal team to discuss your case and determine the next steps. Contact our firm online or call (516) 294-5050 to schedule a free case evaluation today.
Frequently Asked Questions
Do you still have unanswered questions? Learn more about filing a workplace injury claim below as it pertains to the Scaffold Law.
How Much Could My Case Be Worth?
Construction accident damages vary based on the victim’s injury, as this affects their medical costs, ability to work, and more. Every case has a unique outcome, and financial compensation is never certain.
Why Should I Hire a Scaffold Accident Lawyer in New York?
You should consider hiring a scaffold accident lawyer because of their in-depth legal knowledge and assistance with filing the appropriate claim.
When Should I File an Injury Claim Regarding Labor Law 240?
File an injury claim shortly after receiving medical treatment and reporting the accident. You have three years from the date of the accident until the statute of limitations runs out, but it’s wise to consult a construction injury lawyer in NYC as soon as possible.
