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  • Writer's pictureLeitner Varughese Warywoda

Can I Bring a Construction Accident Lawsuit Under New York Labor Law?

If you were injured in a construction accident while working on a construction site in New York City, you are likely trying to determine how you can seek financial compensation for your construction site injuries. While you might be thinking about filing a workers’ compensation claim, it is important to know that you may be eligible for compensation under New York Labor Law. Indeed, New York has some of the strictest construction laws in the country, meaning that construction site owners and general contractors are held to particular standards when it comes to worker safety. If owners and contractors do not comply with certain safety requirements under New York Labor Law, they can be held liable.

More specifically, New York Labor Law § 200, § 240, and § 241 provide these protections. Our New York construction accident lawyers will tell you more about how these laws work. If you were injured and need assistance filing a claim, an advocate at our firm can assist you.

New York Labor Law § 200

Under New York Labor Law § 200, an injured construction worker who is harmed in a construction accident caused by a dangerous condition at the construction site, the construction site owner, general contractor, or another similar party can be liable for damages. More precisely, New York courts have emphasized that the law allows an injured worker to obtain damages when “defects or dangers arising from a subcontractor’s methods or materials” cause an injury.

New York Labor Law § 240, or the “Scaffold Law”

Under New York Labor Law § 240, which is commonly described as the “Scaffold Law,” construction employers need to provide adequate safety protection for any workers who could be at risk of a fall at a construction site.

The law specifies that all contractors, owners, and their agents have a duty to provide proper protection to anyone who is employed to work in the “erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure.” The law applies to work on “scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices.” In order to provide safety protection, contractors and owners must provide adequate safety rails, and they must be fastened in such a way as to prevent a fall. Scaffolding also needs to be made so that it can bear significantly more weight than what is required to do the construction work.

If an owner or contractor fails to provide the appropriate safety protections and a construction worker gets hurt, that owner or contractor can be held liable under this law for the worker’s injuries.

New York Labor Law § 241

Construction workers are also protected under New York Labor Law § 241. Under this statute, owners, general contractors, and related parties are required to provide safe working conditions on construction sites and to take precautions that prevent contamination hazards, slip and fall risks, and other dangers that may arise on a construction site.

These laws are plaintiff-friendly, and injured construction workers can receive compensation by filing a claim after a workplace accident.

Contact a New York Construction Accident Attorney

If you have questions or concerns about construction site protections under New York Labor Law or your rights as a construction worker, an aggressive New York construction accident attorney can speak with you about your case. Contact Leitner Varughese, PLLC for more information.


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