Upstate New York Attorneys Helping the Victims of Ladder and Scaffolding Accidents

New York's "safe place to work" laws are unique in requiring contractors and project owners to provide a reasonably safe workplace. In particular, Labor Law Section 240 requires owners, their agents, and contractors to provide proper safety protection devices for their employees in order to prevent fall injury.

• These laws apply to many different kinds of work activities related to construction, demolition, repairs, alterations, painting, cleaning and pointing.
• These safety laws cover union and non-union workers.
• The laws also protect out-of-state workers who are here temporarily working on New York projects.
• They cover workers regardless of their immigration status.
• Depending on the type of accident, they cover road and bridge workers, equipment operators, engineers, inspectors, surveyors and utility workers, as well as typical construction workers.

When a safety equipment violation causes an accident, the injured worker may have a claim for damages under Section 240 or 241 of New York Labor Law, in addition to a workers' compensation claim.

If scaffolding collapses, you are entitled to collect additional money above that provided by workers' comp. If a ladder is placed improperly, or a safety device is missing or not working properly, you can collect additional compensation.

Powers & Santola, LLP can assess your situation and handle your claim. Contact our upstate New York law office today to schedule a consultation with one of our experienced personal injury lawyers.

Seven Things to Know About Cases Involving Safety Equipment Failures and Fall Injury

1. Under Section 240, project owners, contractors and their agents are considered 100 percent at fault for construction accidents caused by missing, inadequate or failed safety equipment, such as when workers are hurt in ladder or scaffolding accidents.
2. In order to win a personal injury case related to a New York Labor Law Section 240 safety equipment violation, your lawyer has to prove:
   • That Section 240 applies to your case (it does not apply to every type of construction accident)
   • That Section 240 was violated
   • That the violation of Section 240 was one of the causes of the accident or injury
3. Even if the injured worker is the person who set up the ladder or scaffolding improperly, the project owner and contractor will still be considered 100 percent at fault.
4. If the project owner or contractor hires someone else to make sure the safety equipment was adequate, they will still be considered 100 percent at fault (as well as the party they hired).
5. If the project owner or contractor hired someone to make sure the safety equipment was adequate and an injury occurred, they can sue that person to get their money back from a lawsuit by an injured worker. However, if the injured worker was the person they hired, they can't sue the worker.
6. If no safety devices were provided at all, New York Labor Law Section 240 is automatically considered to have been violated.
7. If a safety device collapses, slips, or is improperly positioned, Section 240 is automatically considered to have been violated. The law assumes that a safety device that collapsed or slipped and caused a fall injury was inadequate.

If you or a loved one was injured in a ladder or scaffolding accident, a fall from a structure, or another type of construction accident caused by safety violations on a construction site, contact Powers & Santola to discuss your case. We offer a free initial consultation at our Albany and Syracuse law offices.