Labor Law Sections 200, 240 & 241
Our firm is committed to helping construction workers and other hardworking men and women who have sustained work related injuries. We represent clients throughout upstate New York in workplace accident claims, involving:
- Construction site accidents
- Unsafe work conditions
- Scaffolding accidents
- Ladder, crane and lift injuries
- Unsafe construction work equipment
- Burn injuries
- Defective and dangerous work products
- Heavy machinery accidents
- Other workplace accidents
This specialized area of the law requires a legal team that not only knows the vast statutory and legal principles that apply to construction litigation, but also understands the practical effects of a serious injury to a wage earner.
We recognize that those called upon to work under hazardous conditions are dependent on others for their safety. All too often, economic considerations are given priority over job site safety, which may lead to serious injury or death of those for whom the law provides special rights and protection.
It is important to note that workers compensation benefits rarely provide full compensation for the injuries sustained. At DeFrancisco & Falgiatano Personal Injury Lawyers our goal is to obtain compensation up and above the typical Workers Compensation benefits workers receive.
Contact us at 315-479-9000 today for a free consultation to find out more about how we can help you recover full and fair compensation for your injuries.Overview of Labor Laws 200, 240 & 241
The labor laws in New York State give special protection to workers who are injured in construction accidents. This can include demolition, renovation, alteration, or repair of structures or buildings. When workers are injured due to violations of labor law sections 200, 240, or 241, they may be entitled to recover damages regardless of who was responsible for the accident.
Section 200 - This part of the labor law requires owners and contractors to take reasonable care to protect workers and provide safe workplaces that are fully under their control. If a worker is seriously injured due to an unsafe workplace, they will likely be entitled to compensation.
Section 240 - This is a statute that protects the rights of workers injured in high falls or after being struck by a falling object. It is also known as the scaffold law, and under this law, parties such as the general contractor, project owner, project manager, and building owner may all be held responsible.
Section 241 - This law delineates specific actions that must be carried out on a job site, and specific equipment that must be provided, all in the name of safety. If these actions or equipment are neglected by those in charge, an injured worker will have a strong chance of recovering full damages after their accident.
Labor Code Section 200 states: "All places... shall be so constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places. All machinery, equipment and devices in such places shall be so placed, operated, guarded and lighted as to provide reasonable and adequate protection to all such persons."
Because this provision applies to construction sites, it imposes a requirement on the construction industry to provide a reasonably safe environment for all visitors and employees who are on the worksite. This includes safeguarding machines, lighting the work environment and otherwise taking reasonable steps to make sure no employees or visitors are injured.Labor Law 240: The Scaffold Law in New York
New York Labor Law 240, often called the "Scaffold Law" allows injured workers to seek compensation if the construction firm fails to supply protective equipment, or does not ensure that workers on the site are actually using this equipment. Essentially, the law was put in place to hold construction firms accountable for scaffolding injury cases. Owners of a property where construction is taking place could also be held accountable, based upon the facts in the specific case.
Liability cases filed against property owners or construction firms cannot be defended by presenting a positive safety record in the past. One incident in which a worker falls and is seriously injured typically calls for legal action to be taken.Labor Law 241: Excavation, Demolition and Safety Equipment
Labor Law 241 also concerns the safety of workers - all construction workers. This law makes it a legal requirement that employers provide safety equipment to all workers. While 240 is applied to those who must be elevated by platforms to perform their work, 241 covers many other activities. The law outlines how a site must be constructed, equipped, arranged, and guarded, among other facets of running a construction site and team of workers. This is essentially an all-encompassing safety law for construction site management and the protection of workers.
If your employer did not comply with any of these statutes, they may be responsible for the injuries caused. Filing a claim will not affect any workers' compensation benefits you are due, and both cases can proceed concurrently. Our work injury lawyers represent injured workers that have suffered serious damages from violations of Labor Law 200, 240 and 241.Free Consultation - Contact Us Today
We offer free, confidential consultations to determine whether you have a labor law claim. In addition to free consultations, all legal fees are paid on a contingency fee basis so you will never be responsible for any legal fees unless we are able to recover compensation for you. Please contact our injury attorneys in Syracuse as soon as possible to avoid deadlines that may exclude you from filing a claim. Call DeFrancisco & Falgiatano Personal Injury Lawyers today at 315-479-9000 or contact us online. Thank you.