Change in New York Scaffold Law Places Greater Burden on Injured Workers

New York State’s Scaffold Law since its passage in 1885 has always protected workers injured in construction accidents due to scaffold or ladder collapses. According to a recent report in the New York Daily News, proposed changes to the law attempts to add new language that would require juries to consider the worker’s actions when weighing his or her injuries in court.
A Hot Debate
The existing Scaffold Law provides that if a construction worker is injured while working on a scaffold or ladder, the burden is on the contractor to prove that the job site was safe. It states that contractors and owners have a responsibility to protect workers from falls by using equipment that is “constructed, placed and operated as to give proper protection.” However, the law does not get into the issue of workers’ liability.
Those arguing in favor of the new legislation say that workers should not be absolved of all responsibility. Representatives for the building industry say that historically, workers have been able to collect large settlements even if they were drunk on the job or failed to follow safety regulations after being repeatedly instructed to do so. An alliance of developers and contractors is aggressively pushing lawmakers to pass it sooner rather than later.
New Law Will Affect Worker Safety
As a NY personal injury attorney who has represented injured victims including construction workers over the last four decades, I oppose the changes to our Scaffold Law. If this bill passes and becomes the law, it will let contractors and owners off the hook. Recent city statistics show that code and safety violations at construction sites are at an all-time high. Construction companies are required to maintain a safe work site and passing this new law will definitely impact that. In addition, many construction workers hesitate to complain about site safety because they are afraid of retaliation, getting fired and losing their livelihood.
Compensation for Injured Workers
If you or a loved one has been injured in a construction accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. Our law firm recovered $3,375,576 for a construction worker who was injured on the job – one of the highest construction case settlements in New York in 2010. Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). We can even come to you. No attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: New York Daily News