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NY Labor Laws and Construction Worker Rights
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Construction workers receive special rights that protect them by law. This is true across the United States, and especially in New York. Because of the dangerous nature of construction sites and the risks to workers there, special legal privileges have been authorized. These New York State Labor Laws regulate processes in construction zones to make things safer for the employees, and they also help protect them when they are injured. There are three New York State Labor Laws that are of the most importance: Law 200, Law 240, and Law 241.
Construction sites are naturally very hazardous places to work. Because of this, New York State Labor Law 200 was put into place to make it a legal requirement that employers and property owners keep such workplaces “reasonably safe”. The OHSA has created a large list of safety regulations and rules to prevent employers and property owners from making their workplace more hazardous. This list is the basis by which Labor Law 200 assess a place to be “reasonably safe” on top of important property regulations such as keeping pathways free of ice and keeping things sanitary.
Scaffolding is an especially hazardous issue on construction sites. It has been reported that there are a high number of accidents involving them due to the way scaffolding is secured and because people often leave tools and materials on top of them causing significant injuries. This can result in collapsing and items falling on top of other workers. For this and many other reasons, New York State Labor Law 240 was put into place. It has also been deemed the “Scaffold Law”. This law requires any scaffolding higher than 20 feet from the ground to have a bolted safety rail installed. It also requires that the scaffolding is secured in a way that prevents swaying to avoid collapsing or issues with high winds. Should this law not be followed, it gives workers the right to sue property owners, employers, or contractors that fail to uphold proper safety procedures.
The third major labor law that gives construction workers legal rights is New York State Labor Law 241. This law lays out specific rules regarding construction, demolition, and excavation in construction work zones. It details strict rules about guards and secure railings to prevent slip and fall injuries. It requires there to be thick wooden planking (minimum 2 in. thick) across openings in elevator shaft ways, stairwells, and similar areas. These must be two stories above and one story below any work area.
If you end up hurt in a New York construction site accident, there are worker-based insurance policies in place to help you recover. You should take time to find an experienced attorney to help you with your case and prove the link between the construction accident and injuries. New York workers’ comp pays based on a variety of factors including pre-injury wages, disability level, and your ability to return to work.
NY Workers’ Comp Weekly Benefit = 2/3 x average weekly wage x % of disability
If you or a loved one has been injured in a construction accident, the personal injury attorneys at our New York City law firm can help you. Our decades of experience litigating construction accident cases in Manhattan, the Bronx, Queens, and Brooklyn, NY means that we at Proner & Proner are able to give you the best chance of collecting the financial compensation you deserve. Contact one of our personal injury lawyers today.
An experienced attorney can help you find better evidence to support your claim and help you begin and work your way through an appeal process with your local court. If you are treated unfairly, you have the right to fight back.
If you do not report within your state’s legally required time limits, usually your case will be immediately dismissed and not reconsidered. For situations in which injuries show delayed symptoms, there is room for exceptions to be made. A qualified lawyer can help you navigate that legal process and convince a judge.
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