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What Makes Worksite Accident Laws in New York Different than Any Other State?

Construction sites are ever-present in New York. They are also some of the most dangerous places an employee could work. Just like in other states, when workers are hurt on a construction site, they can file a workers’ compensation claim. Workers’ compensation provides coverage for a worker’s medical bills and a portion of their lost income. 

Workers’ compensation laws are fairly standard throughout the country, although there are some nuances from state to state. In New York though, there are some laws that are different than in any other state and that are separate from workers’ comp. Below, our New York construction worksite accident lawyer explains what these are.

The General Duty to Protect the Safety and Health of Workers

Under Labor Law Section 200, employers have a legal obligation to protect the health and well-being of their workers. According to this law, owners and contractors of construction sites must ensure any work site is free of certain hazards and that there are adequate and reasonable protections in place. Under this specific statute, construction workers can hold site owners and general contractors liable if they are injured by a dangerous condition on a worksite. Construction workers must prove that the site owner or the contractor knew, or should have known, about the dangerous condition.

The Scaffold Law

Scaffolding is a very common tool used on construction sites, and it is also quite dangerous. Construction workers must use scaffolding when working at heights. Scaffolding can become detached from the building it’s beside, and the guardrails used can also be faulty. Labor Law Section 240 places many regulations on scaffolding to ensure construction workers are kept safe. This law also holds construction site owners and general contractors strictly liable when they do not follow the regulations outlined in the scaffolding law.

Filing Lawsuits Against Contractors

Labor Law Section 241(6) deals with demolition, construction, and excavation work. Under this section of the law, construction workers can sue contractors when they violate certain sections of the New York Industrial Code. This is particularly true for contractors and construction site owners who allow workers to access or walk on walkways, floors, passages, platforms, and scaffolding that is in a slippery condition.

Who is Covered by New York Labor Laws?

The above laws do not only apply to construction workers. They also apply to anyone who traverses onto a construction site for work, and those who work regularly on these sites. The law even extends to firefighters and police officers who are called to the job site for work-related purposes. For example, a firefighter may be called to a construction site to confirm capacity and weight limits. If they are hurt while there due to the negligence of property owners and contractors, they can file a claim against the liable party.

 

Call Our New York Workplace Accident Lawyer for a Free Consultation

If you or someone you love has been hurt on a worksite, our New York worksite accident lawyer at Powers & Santola, LLP can provide the legal advice you need. Our skilled attorney can determine who is liable for your injuries and help you obtain the full settlement you deserve.

Call Today! (518) 465-5995

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