Labor Law Sections 200, 240 & 241
Construction sites can be highly dangerous places. Accidents on construction sites may involve ladder and crane injuries, explosions, burn injuries, scaffolding accidents, and defective or dangerous equipment. However, in New York there are special legal protections for construction workers who are injured on construction sites. You may not be limited to workers’ compensation benefits for work injuries occurring on a construction site. If you believe you were injured in violation of Labor Law sections 200, 240, or 241, you can discuss your circumstances with the seasoned Syracuse construction accident attorneys of DeFrancisco & Falgiatano.Labor Law Section 200
Labor Law sections 200, 240, or 241 were implemented to protect the safety of workers and others on construction sites. Labor Law section 200 mandates that owners and contractors take reasonable steps to shield workers and give them safe workplaces that they can fully control. This law provides that everywhere on the construction site should be built, arranged, equipped, conducted, and operated in order to give adequate and reasonable protection to the safety, health, and lives of the people who work there or who frequent those places. The construction site needs to provide all employees and visitors with a reasonably safe environment, and this can involve providing adequate lighting and safeguarding machines. When a worker is seriously injured because of a dangerous workplace in violation of Labor Law section 200, they may pursue damages under this code section.Labor Law section 240
Under Labor Law section 240, which is informally known as the Scaffold Law, workers who are injured in high falls or because they are hit by falling objects may be able to recover damages from a building owner, project owner, general contractor, or project manager. All owners and contractors other than owners of one and two-family dwellings who contract for, but don’t direct or take control of the job of erecting, demolishing, repairing, painting, altering, or cleaning a structure are supposed to erect or provide or cause to be erected or provided certain items, such as hoists, scaffolding, ladders, slings, braces, irons, ropes, and pulleys.
You can seek compensation if this protective equipment wasn’t supplied or if the construction company didn’t make sure construction workers used that equipment and you are injured because of that. A property owner or construction company isn’t allowed to defend itself by showing it has a positive past safety record. If a worker falls and is seriously injured, it may be possible hold the property owner or construction company accountable. A skilled construction accident attorney can help you identify all potentially responsible parties.Labor Law section 241
Section 241 provides detailed information about how the construction site should be arranged and run. When certain actions should be taken on a job site and are not, you may be able to recover damages for your injuries from those in charge. This law mandates the provision of safety equipment for all workers.
Under Labor Law section 241(6), a property owner or contractor is accountable in negligence for an accident that happened under its supervision or control. The property owner or contractor may be accountable for a rule violation that causes an accident, without the injured worker needing to establish negligence by the owner or contractor.Consult a Seasoned Construction Accident Attorney in Syracuse
Too often, people who work on dangerous construction sites depend on others for their safety and wellbeing. Often companies are more interested in the financial aspects of a project over job site safety, which can result in serious injuries or death for construction workers. When a construction company fails to comply with Labor Law section 200, 240, or 241, it may be responsible for the injuries caused by that failure. It is rare for workers’ compensation benefits to fully compensate injured employees for their harm. You may file a lawsuit under these code sections for damages, and also apply for workers’ compensation benefits. Our goal, if we represent you, is to obtain recovery beyond the usual workers’ compensation benefits. DeFrancisco & Falgiatano represents people in Syracuse, Rochester, and throughout Upstate New York, including in Canandaigua, Binghamton, Ithaca, Auburn, Lyons, Herkimer, Elmira, Wampsville, Cooperstown, Utica, Lowville, Oswego, Oneida, and Watertown. Call our firm at 315-479-9000 or contact us through our online form.