Did you know that 65% of construction workers occupy scaffolds at one point in their careers, according to the Occupational Safety and Health Administration? Working on scaffolds can be dangerous, but New York construction crews do have some protections in place. New York Labor Law 240, also known as the Scaffold Law, focuses on safety while working on elevated surfaces.
Learn about the history of this legislation, how it protects you, and much more below, courtesy of a leading construction accident lawyer in New York.
The History of New York’s Scaffold Law
Section 240 of New York’s labor laws isn’t a new piece of legislation. It was first enacted in 1885 and has since undergone various updates as construction became more prevalent throughout the state. The main purpose of the legislation is to ensure construction crews have adequate safety measures in place while working on elevated surfaces.
Construction zones come with plenty of safety risks. Slips, trips, and falls from high surfaces can be fatal and impact various employees. According to data from the U.S. Bureau of Labor Statistics, roofing contractors experience the highest rate of fall-related fatalities at 26%, while residential building construction crews account for 14.7% of industry deaths.
To prevent injuries among construction workers, OSHA and New York’s Industrial Code detail specific scaffold safety regulations, including:
- Placing guardrails on the open sides of the scaffolds
- Reinforcing the working surface with secure planks
- Using scaffolds that can hold up to four times their expected weight
- Inspecting all ropes and cables used to suspend scaffolds
When property owners and contractors abide by these regulations, they can keep construction crews safe from common scaffold accident injuries.
How Labor Law 240 Impacts Construction Workers
Construction crews who frequent scaffolds or other elevated surfaces may be subject to legal protections under New York Labor Law 240. The law imposes strict liability against property owners or contractors who violate scaffold safety standards. Fault may not lie with them if adequate safety measures are in place, but a worker becomes injured due to their own actions.
For instance, if a scaffold collapse occurs because the equipment isn’t up to the highest safety standard, the property owner or contractor may be liable. Consult an attorney who can review the nature of the accident and help establish liability.
These legal protections are separate from workers’ compensation claims. If you’re hurt on the job, you may be eligible for workers’ compensation benefits to recoup some of your lost wages and medical expenses. Filing a personal injury claim against an at-fault contractor or property owner could potentially mean receiving additional compensation for damages like emotional distress and pain and suffering.
Common Damages Sought in New York Labor Law 240 Claims
Say you’re hurt in a construction accident while working on a ladder, scaffold, or similar piece of equipment. You end up collecting workers’ compensation benefits, but this only covers some of your lost wages and medical expenses. Is it possible to seek additional compensation?
Bring your case to a personal injury attorney. After reviewing the evidence, they may recommend filing a personal injury claim against either the contractor or the property owner overseeing the construction project. In your lawsuit, you could claim more damages than a workers’ compensation claim grants, including:
- Full medical and rehabilitation expenses, including home modification costs for disabilities
- All of your lost wages, rather than just a portion
- Damages for your overall pain and suffering
- Emotional distress damages
In some rare cases, plaintiffs also seek punitive damages to hold a third party accountable for their gross negligence. Bear in mind that every case differs, so financial compensation is not a certain outcome.
How a Construction Injury Lawyer in Queens, NY, May Be Able To Help
According to the New York Building Congress, 44% of all construction projects in the state take place in New York City. If you end up hurt due to a scaffolding accident in the Big Apple, you’ll need an attorney who understands Labor Law 240 and similar worker protection laws. Consult one of our construction injury lawyers in Queens, NY,
A qualified attorney can review the nature of your accident, gather evidence, and calculate damages. They also assist with filing a claim and negotiating with defendants in an effort to settle the case. If negotiations remain at an impasse, personal injury attorneys represent clients during trials.
Discuss Your Options With a Personal Injury Attorney in New York
As a construction worker prone to fall-related injuries, New York’s Labor Law 240 exists to protect you from construction accident liability. By understanding the causes of construction accidents and who is liable for them, you can navigate the injury claim process more easily. Turn to Elliot Ifraimoff & Associates, PC for professional assistance with construction accident claims.
Our firm consists of eleven personal injury attorneys who have more than 60 years of combined experience. We’re committed to helping injured clients seek justice against negligent parties. To schedule a free consultation, submit our online form or call (718) 205-1010 today.
Preguntas frecuentes
Are you still curious about the Scaffold Law and construction accident claims? Learn more about this topic below.
How Long Do I Have To File a Claim With a Construction Accident Lawyer in Queens, NY?
Per New York’s personal injury statute of limitations, you have three years from the date of an accident to file a claim. Deadlines vary if you wish to file a wrongful death claim on behalf of a victim or take legal action against a government entity.
Will I Have To Pay an Attorney Up Front To Represent Me?
No. When you hire one of our construction accident lawyers in Queens, NY, we won’t charge you any upfront fees. You may incur legal costs if you settle your case out of court or win a trial.
Does the Scaffold Law Apply to Those Working on Ladders or Hoists?
Yes. New York Labor Law 240 applies to anyone exposed to height-related risks while working more than 20 feet above the ground.