Safety gear on a construction site is not just a regulatory guideline — it is part of ensuring a safe work environment. Critically, construction workers who are not provided with the proper safety equipment to carry out their tasks can face a risk of serious injury or even fatality. Unfortunately, contractors, owners, and other parties on job sites do not always ensure adequate PPE or equipment is provided. If you are a construction worker who was hurt because you were given faulty protective gear, or none at all, you may be entitled to pursue a personal injury action to recover your damages.
Understanding Part 23 of the NY Industrial Code
Part 23 of the New York Industrial Code is a set of regulations meant to protect construction workers from job-related injuries. The law works alongside NY Labor Law § 241(6) which imposes a non-delegable duty on contractors and owners to provide a safe working environment. Specifically, Part 23 requires that owners and contractors provide workers with various personal protective equipment when carrying out certain tasks.
Depending on their work duties, Part 23 mandates that workers must be provided with the following PPE:
- Eye protection — Approved eye protection that is appropriate for the specific hazard must be provided to workers involved in welding, burning, cutting, chipping, or grinding any materials from which particles may fly into the eyes.
- Respirators — If the task requires a respirator, it must be approved for the type of operation and specific air contaminant present. Respirators must be kept in good repair and inspected each day. They must also be cleaned daily and disinfected weekly.
- Head protection — Any worker who risks being struck by falling objects or material must be provided with an approved safety hat.
- Foot protection — All workers who are required to work in rain or snow must be provided with appropriate waterproof boots.
- Waterproof clothing — Workers who are required to work in wet conditions must be provided with a waterproof coat, hat, and pants.
- Protection from corrosive substances — Workers who handle corrosive substances or chemicals must be provided with proper protective gear and approved eye protection.
In addition to mandating PPE, Part 23 of the Industrial Code also specifies safety requirements regarding scaffolding and platforms, ladders and stairways, excavation and trenching, fall protection, and tools.
Can You File a Lawsuit if You Were Injured Due to Lack of PPE?
A lack of PPE can lead to many different types of injuries on a construction site, including head, eye, foot, and hand, among others. These types of injuries can lead to extensive medical treatment and cause a worker to lose time from work. In many cases, they can also cause disfigurement and life-long debilitation. Importantly, if a violation of Part 23 of the New York Industrial Code caused a worker to suffer a construction injury, they may be entitled to hold a negligent site owner or contractor liable under Labor Law § 241(6).
Although a worker cannot sue their employer due to New York’s Workers’ Compensation laws, they may still file a personal injury action against a responsible third party for negligence, such as a site owner or contractor. In doing so, they may be entitled to recover their economic and non-economic damages. Recoverable damages can include unreimbursed medical expenses, lost wages, future lost earnings, out-of-pocket costs, and compensation for pain and suffering. If the defendant’s conduct was particularly egregious, punitive damages may be available.
Contact an Experienced New York Personal Injury Attorney
If you suffered an injury on the job due to a failure to provide adequate protective gear, you may be entitled to take legal action. The Edelsteins, Faegenburg & Blyakher LLP is a New York personal injury firm committed to advocating for the rights of construction accident victims and securing their rightful compensation. Handling every case with the time and attention it deserves, we have a long track record of securing substantial settlements and verdicts for our clients. Contact us to schedule a free consultation at (212) 425-1999 today.