Construction is one of the most dangerous industries in New York. Major accidents can occur in any phase of construction. These accidents may involve falls, falling objects or debris, toxic substance exposures, electrocution, forklift accidents, machine or equipment injuries, or lack of safety equipment. If you suffer injuries in a construction accident in New York, you should consult our White Plains construction accident lawyers about whether you may have a claim for damages.
Construction AccidentsConstruction sites can be dangerous places. Work may involve heavy equipment, unfinished structures, working at great heights with falling risks, toxic exposure, or repetitive stress injuries. Usually, there are many people responsible for keeping a construction site reasonably safe. Sometimes, these duties to keep the site safe are divided and assigned in multiple contracts. Often, the general contractor has the greatest safety responsibilities. The Occupational Safety and Health Administration (OSHA) has identified the four most common causes of construction accident injuries as falls, electrocutions, getting hit by an object, and getting caught between objects. New York labor laws provide specific protections to construction workers under New York Labor Law sections 200, 240, and 241(6).
New York Labor Code 200New York Labor Code 200 codifies common-law negligence. Under this law, construction companies and contractors need to use reasonable care to give workers a safe workplace. The placement and operation of machines and tools and other devices must be done with reasonable care to provide adequate, reasonable protection for the safety, health, and lives of all people who are employed there or are lawfully frequenting those places. Workplaces should be lighted, guarded, operated, or placed to give adequate, reasonable protection.
Under this law, there are two types of cases that a construction accident attorney in White Plains might help an injured worker bring. The first involves an accident caused by the tools or processes that the contractor selected to perform the work. The second involves a dangerous condition on the premises.
New York Labor Code 240Section 240 is also known as the Scaffolding Law. It guards workers’ rights if they have been injured in a fall, or if a falling object has hit them. It puts absolute liability on general contractors and owners that fail to comply with a statute’s requirements. The purpose of the law is to put the ultimate responsibility for safety practices at construction sites on property owners and general contractors, rather than on workers, who are not able to shield themselves.
To bring a claim under Labor Code 240, an injured construction worker needs to have been involved in actually erecting a building, demolition, cleaning, painting, pointing the building, or performing repairs. The work cannot be maintenance or decorative work, and it cannot include cleaning or inspection or salvage work. A White Plains construction accident attorney can explore whether this statute may apply to your case.
New York Labor Code 241Labor Code 241 provides protection to workers engaged in excavation, demolition, and activities that require safety equipment. The commissioner can make rules to carry into effect the provisions of section 241. The law also provides rules for ways in which safety equipment must be arranged and provided to make a construction site safe for workers and visitors. Owners and contractors are supposed to take reasonable steps to give their workers adequate safety onsite. For example, certain materials should be used during the construction of floors or the building of elevators or other hoisting devices. An owner or contractor can be held liable for a rule violation that leads to an accident. As with section 240, section 241 imposes absolute liability on construction companies, contractors, and property owners that are responsible for making a safe work environment.
Consult a Knowledgeable Construction Accident Lawyer in White PlainsConstruction accidents can result in catastrophic or even fatal injuries. If you suffer injuries in a construction accident, you should consult experienced attorney Stewart A. McMillan. We represent injured workers in New York City, Westchester County, and Southern Connecticut. Call us at 914.358.4326 or contact us via our online form for a free consultation.