According to the Occupational Safety and Health Administration (OSHA) nearly 65 percent of workers in the construction industry work on scaffolds. These may be supported scaffolds, which consist of one or more platforms supported by rigid, load-bearing structures such as poles, legs, frames and outriggers.
Suspended scaffolds on the other hand, have one or more platforms suspended by ropes or other non-rigid overhead support. Certain equipment such as scissor lifts and aerial lifts may be regarded as supported scaffolds as well. New York’s Scaffold Law essentially protects workers who work at heights, which is a majority of the city’s construction workforce.
Here are some of the questions about the state’s Scaffold Law, answered.
What is New York’s Scaffold Law?
New York’s Scaffold Law refers to Labor Law sections 240 and 241, which require contractors, owners and other parties to give proper protection to construction workers who operate at heights. The law itself was enacted in 1885 to protect construction workers who are at risk of falling from heights. Legislators then believed the law was necessary to provide contractors and construction companies with strong incentives to maintain workplace safety. Construction companies have constantly challenged the law. However, in 2003, the Court of Appeals in New York reiterated that the law’s goal, still, is to mandate contractors and owners to provide a safe workplace for workers.
Is “strict liability” necessary to ensure worker safety?
It’s important to remember that construction companies and those who own construction sites are the ones who are best able to control site safety. Workers often have very little say or control over the type of safety equipment at the worksite. Also, in a construction accident, the worker’s conduct cannot be completely independent from that of the contractor and owner, etc.
For example, workers can only wear harnesses to prevent falls if they have been provided with them and trained on how to use them on the job. This is why the Scaffold Law holds that negligence of the injured person is not a defense that can be claimed in this law. If workers are not provided with proper protective equipment i.e. nets, guardrails, harnesses with ropes, etc., the parties involved can be held liable and the worker cannot be blamed.
Does the Scaffold Law safeguard undocumented workers?
It certainly does. Our law firm recovered $3,375,576 for an undocumented worker. This is crucial because undocumented workers are among the most vulnerable and exploited in the city. They work under extremely dangerous conditions, but often don’t complain because they are afraid they may lose their jobs, or worse, be deported. Undocumented workers also get shortchanged when it comes to protective equipment and safety training because contractors and others don’t provide the required training in the language they speak or understand. In 2006, New York’s Court of Appeals ruled that undocumented workers injured at a construction site due to scaffold law violations can recover lost wages.
Does the Scaffold Law apply only to scaffolds?
The Scaffold Law does not apply only to scaffolds. It also includes staging and other devices used by construction workers to do their jobs several feet above the ground. Section 240 of the New York Labor Law is commonly known as the “Scaffolding Law” because it governs the use of scaffolds, staging and other devices that workers use at construction sites. The Scaffold Law gives workers the ability to bring civil actions against individuals and/or entities that are responsible for their injury and accident.
Contacting an Experienced Lawyer
Workers who are injured in construction accidents can seek workers’ compensation benefits. Families of workers who are killed in construction accidents may be able to seek death benefits as well. In addition, victims may be able to file a third-party claim against a party other than an employer or co-employees and seek compensation for their injuries, damages or losses. This allows victims and their families to have two sources of compensation available to them. Examples of third parties include general contractors, sub-contractors, building owners, property managers, etc.
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, and also fight hard to recover just compensation for you. Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job – one of the highest construction case settlements in New York that year.
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. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and medical malpractice cases in New York, 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
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