Construction, demolitions and building renovations occur constantly across New York. The construction trade is one of the most profitable blue-collar professions, in part because of the hazards associated with building construction or demolition.
Much of the time, injured professionals have the option of filing workers’ compensation claims. However, workers’ compensation generally protects direct-hire employees. Independent contractors and self-employed professionals may not have access to standard workers’ compensation benefits after a construction incident.
Thankfully, the strict liability rules that apply to New York construction sites may provide alternative options to construction professionals injured due to debris, improperly managed electrical supply and other hazards at a construction site.
What does the law require?
State regulations in New York impose more obligations on building owners and general contractors than federal safety regulations. New York Labor Law 241(6) requires that commercial property owners and general contractors overseeing projects for property owners take reasonable steps to ensure the safety of the professionals working at a construction site.
The law specifically requires that building owners or general contractors provide adequate safety and protection to those working on construction, excavation or demolition projects. There are rules regarding standards such as protective covers for dangerous equipment not currently in use, standards for lifting materials or machinery to an elevated location and even height requirements for guardrails when workers perform job functions at an elevation.
Failing to remove debris promptly, provide employees with appropriate safety gear or appropriately maintain equipment could all justify a request for compensation brought by an injured construction professional. They may be able to hold the building owner or the general contractor managing a project liable for injuries that they sustained due to the failure to provide a safe working environment.
Even when building owners or general contractors hire subcontractors to manage aspects of a project, doing so does not eliminate the obligation to ensure a safe working environment. Construction workers can potentially seek compensation for their medical expenses and their lost wages, as well as any other verifiable economic harm caused by the incident.
Construction professionals injured on the job may have a difficult time evaluating the circumstances that have caused their injuries and negotiating with the parties that may technically be liable for their losses. Discussing a construction site incident with an experienced attorney can help injured construction workers understand and better utilize the options available to them under New York’s unique laws.