New York’s Scaffold Law
Originally enacted in 1885, New York’s Scaffold Law (NY Labor Law Section 240) aims to protect construction workers from unsafe conditions. This law, unique to New York, imposes absolute liability on general contractors and property owners for gravity-related accidents, i.e. falling accidents, when the contractor or property owner is at least somewhat at fault. This means that if a construction worker working in NY falls from scaffolding and sustains an injury, under the New York Scaffold Law, that construction worker can potentially hold the general contractor or the property owner 100% liable for said injuries, provided that the fall is not entirely the fault of the construction worker.
Specifics of NY Labor Law Section 240
Even though the law is called the “New York Scaffold Law,” under its provisions, construction workers may hold general contractors and property owners liable for injuries sustained in more than just a fall from scaffolding. For example, if a construction worker falls from a ladder, pulley, rope, or hanger, or if a worker is hit by a falling object, this law allows the construction worker to hold the general contractor (usually his or her employer) and/or the property owner strictly liable for all injuries sustained in the construction accident.
In order to hold a general contractor or property owner liable for injuries, construction workers must file a cause of action against the general contractor and/or property owner under this section of the New York Labor Law Code. Unlike other personal injury claims, as long as the accident that caused the injury was preventable through the implementation of reasonable safety procedures and by providing adequate training to workers, an injured construction worker can typically recover monetary damages for the injuries they sustained — even if the worker’s injuries were caused, in part, by their own negligence.
In short, the NY Scaffold Law provides important protections to construction workers in the event that their employers fail to implement certain measures to ensure their safety and, as a result, the worker gets injured on the job.
Contact the New York Personal Injury Attorneys at Proner & Proner Today to Discuss Your Construction Accident Case
If you or a loved one has been injured in construction accident in the state of New York, you may be entitled to relief under the New York Scaffold Law. The Bronx personal injury attorneys at Proner & Proner can help you. With our decades of experience litigating construction accident cases in New York City, Brooklyn, Queens, and the Bronx, we can provide you with information regarding your legal rights and options. Contact us today by calling (212) 500-1003 or by filling out the online contact form. We have a main office located at 60 E. 42nd St., Suite 1448, New York, NY 10165, in addition to offices located in Queens, Brooklyn, and the Bronx, NY.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.