The construction industry is one of the most dangerous to work in. Each day, workers face a variety of risks on a job site, including falls from heights, struck-by accidents, dangerous machinery injuries, electrical hazards, and more. Importantly, New York Labor Law has a number of legal protections in place that are meant to reduce the amount of workplace injuries — and hold property owners, contractors, and other parties liable for failure to follow proper safety procedures.
Important Labor Laws to Know in New York
Although construction work is inherently dangerous, property owners and contractors are still obligated to ensure safe working environments, provide safety gear, and adequately train workers. Notably, New York Labor Law has a wide range of legal protections in place for construction workers. These laws are meant to promote safe conditions on jobsites and ensure they are reasonably free from hazards.
Here are three essential labor laws that protect construction workers in New York State:
- Labor Law § 200 — Labor Law § 200 outlines the general duties that are associated with ensuring construction workers have a reasonably safe environment in which to work. It specifies that machinery, equipment, and devices must be properly operated, guarded, and lighted in order to provide reasonable protections to workers and prevent hazards.
- Labor Law § 240 — Also referred to as the “Scaffold Law,” Labor Law § 240 protects workers from gravity-related accidents. It requires property owners and contractors to provide proper safety gear to workers carrying out their tasks at heights and places absolute liability on them for any injuries that arise as a result of their failure to do so. This law applies to a wide range of construction activities that are conducted at heights, including the erection of a building, repairs, alterations, painting, demolition, and pointing. Not only does it protect workers from physical falls related to those tasks, but it also applies to injuries caused by falling objects.
- Labor Law §241 — Labor Law § 241 holds property owners and contractors liable for their failure to take reasonable steps to provide for the safety of workers. It covers a broad scope of work-related tasks, such as construction, demolition, and excavation.
Importantly, a violation of New York Labor Law can become the foundation of a personal injury case for construction-related injuries. By providing a framework for an owner or contractor’s legal obligations, these statutory protections can impact strategy in a case — and strongly influence settlements and jury verdicts.
Recoverable Damages for Injured Construction Workers
Under New York’s Workers’ Compensation laws, a construction worker who was hurt on the job cannot sue their employer. However, if you are injured on a jobsite due to the negligence of a third party, you may be entitled to monetary recovery beyond Workers’ Compensation. By filing a personal injury action, you may be able to recover a wide range of damages, including both your economic and non-economic losses.
Recoverable damages in a construction accident based on a violation of the New York Labor Law can include the following:
- Unreimbursed medical expenses
- Future medical expenses
- Lost wages
- Future lost earnings
- Out-of-pocket expenses
- Replacement services loss
- Pain and suffering damages
- Loss of enjoyment of life
- Mental anguish
- Disfigurement
If a violation of the New York Labor Law can be shown, an injured worker would not need to establish negligence in order to recover compensation for their economic and non-economic damages — only that a violation of the statute occurred. Additionally, punitive damages may be available in certain cases where it can be shown that the defendant’s actions were particularly egregious. These damages are meant to punish the defendant and deter others from engaging in similar conduct.
Contact an Experienced New York City Personal Injury Attorney
If you were hurt in a construction accident that was caused by a violation of the New York Labor Law, it’s vital to have a skillful attorney by your side who can advise you regarding your rights and help you recover the compensation to which you’re entitled. Due to our experience, commitment, and knowledge, The Edelsteins, Faegenburg & Brown, LLP regularly obtains substantial settlements and verdicts for construction workers who have been injured on the job. Located in Manhattan, our firm has been fighting for the rights of accident victims throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.