Construction site accidents can involve scaffolding, ladders, or other equipment to hoist workers and materials. In New York, these accidents can lead to liability under a unique law — New York Labor Law 240. Because many construction workers do not fully understand their rights under New York Labor Law 240 makes it essential for them to seek legal representation after a construction site accident. Knowing your rights when you get hurt in a construction site accident involving a falling object or a fall from height can ensure you recover maximum compensation for your injuries.
Understanding New York Labor Law 240
New York Labor Law 240 imposes legal duties and requirements on contractors and property owners (except owners of one- and two-family dwellings who do not direct or control construction work on their property) regarding scaffolding, hoists, ladders, slings, pulleys, and other similar equipment. As a result, the law can apply to gravity-related construction site accidents, such as falls from heights or falling objects that strike people below. Labor Law 240 imposes strict liability on contractors and property owners when falls from heights or falling object accidents occur due to the failure to ensure the proper erection and maintenance of scaffolding or other similar equipment, including not providing required or appropriate safety devices like rails, or not ensuring that scaffolding can bear at least four times the maximum weight anticipated for the scaffolding.
Who Does Labor Law 240 Protect?
Labor Law 240 provides significant legal protection for various individuals who work on construction sites, including construction workers, demolition workers, repair workers, painters, roofers, and other workers who work at elevation or who work below scaffolding, pulleys, or other such equipment. The law may also cover independent contractors or subcontractors who work on a construction site.
The law applies to specific kinds of construction work, such as erection, demolition, repairing, altering, painting, cleaning, or pointing of a building. However, the law may not apply to routine maintenance work that may take place on ladders or other equipment.
What Types of Accidents Does Labor Law 240 Cover?
Examples of accidents that may fall within the scope of Labor Law 240 include:
- Falls from scaffolds, ladders, roofs, or other elevated platforms
- Scaffolding collapses
- Equipment, tools, or materials that fall from scaffolds, roofs, or elevated platforms and strike people below
- Accidents caused by improper or missing fall protection equipment (e.g., guard rails, safety nets, etc.)
Understanding Strict Liability
Most critically, Labor Law 240 imposes strict liability on contractors and property owners for gravity-related construction site accidents within its scope. Strict liability means that an injured construction worker does not need to prove that a contractor’s or property owner’s negligence caused or contributed to the worker’s accident. Instead, a contractor or property owner may become liable for a construction site accident if an injured worker establishes that the contractor or owner violated the statute.
Although Labor Law 240 imposes strict liability, contractors and property owners may have defenses in a lawsuit filed under the statute. A contractor or property owner may avoid liability under 240 if they can demonstrate that the injured worker solely caused the accident due to their negligence or misconduct, such as disobeying safety rules.
How Labor Law 240 Differs from Workers’ Compensation
Labor Law 240 provides a different avenue for legal relief than New York’s workers’ compensation system. Workers’ comp operates as a no-fault system, entitling injured workers to financial benefits such as medical treatment and rehabilitation expenses, as well as partial wage replacement. Conversely, Labor Law 240 allows injured construction workers to pursue third-party personal injury lawsuits against contractors or property owners whose violations of the statute’s requirements cause a worker’s accident.
Contact Our Personal Injury Lawyers Today
Construction workers in New York have significant legal rights when they get hurt in scaffolding, ladder, and other gravity-related accidents. Contact McCann Legal, PC today for a free, no-obligations consultation with a personal injury attorney to understand your rights under Labor Law 240 when you sustain injuries in a construction site accident in New York.