For some construction accidents in NY, New York Labor Law 240 would apply. Another common name for this labor law is the Scaffold Law. The New York legislature passed its original scaffold law in 1885. At the time, there was a lack of legal protection for construction workers.
Who does the law protect?
It protects workers engaged in construction work at elevated heights or gravity situations where objects fall from heights and injure workers. Types of construction work may include:
- New building construction or renovation
- Demolition
- Cleaning
- Repair
- Building pointing
The law does not apply to work being done on two story residential homes.
What types of accidents does the Scaffold Law cover?
The Scaffold Law covers falls from elevations, such as working on a scaffold, roof, or at the edge of a deck. Examples of falling objects that can cause injury include:
- Tiles
- Parts of walls being demolished
- Waste material
- Debris
- Tools
- Building materials
- Pre-cast concrete panels
- Tile stacked from or for roofs
How common are scaffold accidents?
OSHA (Occupational Safety and Health Administration) reports that 9,750 injuries occur every year that are associated with scaffolds. Out of the 924 annual occupational fatalities, 79 were related to scaffolds. Falls and struck by an object are the top two most common accidents among construction workers.
Based on New York Labor Law 240, who is liable for construction workers’ injuries?
According to NY Labor Law 240, the building owner or general contractor is responsible for ensuring all workers have the proper safety equipment. If unsafe conditions exist, the legal system holds them accountable for workers’ injuries when accidents involve gravity or elevated heights. The exception would be if the worker was intentionally negligent about taking safety precautions. However, proving intentional negligence is difficult, and courts generally rule in favor of the worker and hold building owners and general contractors accountable.
Some construction safety precautions you would expect general contractors and building owners to have in place include:
- Safety harnesses
- Spots where workers can tie off
- Scaffolds with adequate railings
Do you need legal guidance regarding a construction accident?
We can review the circumstances related to your construction site accident and determine whether you have a case. To arrange a free consultation, contact the Law Office of John Fazzini. Call us at (631) 547-8989 or reach out to us through our contact form.