New York Labor Law 240
N.Y. Labor Law 240, also referred to as the Scaffold Law, provides protections to those workers who work at a height and get injured or when an object fell from a height and injured them in New York State. According to the recent statistics from OSHA, there is a 47% chance that a construction worker will get killed at a construction site by either a fall or an object falling on them.
This law exists to protect workers from gravity-related risks, such as having to work on unsafe scaffolding or ladders and to prevent falls. It also mandates that workers be protected from falling construction materials. This law holds the owners and general contractors strictly liable if a worker was not provided with protective equipment. This law exists to protect workers from having to work on unsafe scaffolding or ladders and prevent falls.
How Does Liability Operate According to Labor Law 240?
Labor Law 240 imposes liability on contractors and construction companies for injuries and incidents related to falls from ladders, elevated areas, and scaffolds. There is no consideration of comparative liability, which typically assesses whether a worker contributed to an accident – in this case, the responsibility falls entirely on the company overseeing the construction site. It’s worth noting, however, that Labor Law 240 doesn’t automatically deem the company as negligent under the law, and under specific circumstances, negligence by another party could shift the liability to that party. Nevertheless, as a general rule, following any incident involving work on scaffolds or elevated platforms, the company or building owner is considered to be accountable for liability.
Labor Law 240 Loopholes
Occasionally, a contractor or employer may attempt to find an exception to Labor Law 240. One method is by shifting liability onto a subcontractor. In cases of negligence by a third party, resulting in a fall, it is possible that the liability be transferred to that party. For instance, if a worker on a scaffold purposefully drops a tool down at another worker or physically assaults someone, causing them to fall from the scaffold in Queens NY, a contractor may seek to blame the negligent worker.
While New York law generally favors injured workers, it remains crucial to enlist the services of an experienced New York City work injury lawyer to ensure your rights are safeguarded against these formidable corporations.
Speak with a Scaffolding Accident Lawyer Today
The Kalra Law Firm has recuperated millions of dollars for our clients. The toll of serious injury can be tremendous on you and your loved ones. We have devoted ourselves to fighting for justice and to making sure you receive the compensation you deserve. With Law Offices in Queens, Long Island, Corona, and The Bronx We are ready to serve you today. Call us for a free consultation today (718) 897-2211.