Construction professionals routinely face potentially deadly hazards on the job. They work with electricity and powerful machinery. They perform job tasks below grade in trenches, where cave-ins are a risk.
Additionally, they often spend much of their time well above the ground. Working at a significant elevation comes with a host of safety concerns. Construction professionals could fall off a building or from scaffolding. They could also sustain injuries if another professional falls, a co-worker drops items from an elevated location or a crane lifting heavy items experiences a breakdown on the job site.
Gravity-related workplace incidents are a major safety concern for New York construction professionals. Thankfully, a unique state statute protects the rights of workers injured by falls, falling objects and other gravity-related incidents.
How does state law protect construction workers?
New York’s Labor Law 240 makes property owners directly liable for gravity-related incidents that occur during new construction, building modifications or repairs to a property. Also known as the scaffolding law, Labor Law 240 makes building owners accountable for falls and similar incidents, even when arrangements for scaffolding may have been under the control of an agent hired by the building owner.
Injured construction professionals frequently have the option of applying for workers’ compensation benefits. However, some construction professionals are independent contractors, not employees. For independent contractors, in particular, the ability to take legal action against a business owner may be one of the only viable sources of compensation after an incident at a job site.
Under Labor Law 240, professionals hurt due to gravity-related incidents can take legal action seeking compensation for their losses. The losses they could recover could include their current and future medical expenses, as well as lost wages. Falls and struck-by incidents could break bones or cause brain injuries. Professionals might require weeks away from work without pay. In some cases, they could have permanent injuries that prevent them from returning to their prior positions. Some may never work again, making compensation critical for their future financial stability.
Reviewing what led to a construction site incident can help workers evaluate their options. A lawsuit might be an option when a gravity-related incident causes serious injuries.