Photo by Heye Jensen on Unsplash
There is no denying that construction can be a dangerous line of work, but this is especially true here in New York, home to one of the most robust construction industries in the country.
According to a report issued by the New York City Buildings Department, during just the first eight months of 2020, there have already been 338 construction-related injuries and 5 fatalities across the five New York City boroughs. These statistics are discouraging on their own, but even more so when you consider the fact that due to the COVID-19 pandemic, Governor Cuomo issued Executive Order 202.6 on March 7, 2020, which suspended all nonessential construction work until June 8, 2020. Yet despite this three-month suspension on nonessential construction projects in New York City, construction site injuries and fatalities have still been occurring at close to the same frequency as they were in 2019.
While these statistics can be disheartening, there is some good news for construction workers in New York: construction workers here in New York have great protections to sue property owners for injuries they sustained on the job – much more so than construction workers in many other states. And these protections even extend to cover construction workers who work as independent contractors. These laws came about after a hard fight by labor rights activists and are very important for New York construction workers to familiarize themselves with and be aware of.
The New York Labor Law, or the“NYLL”
The Labor Laws of the State of New York offer special legal protections to construction workers who are injured on construction sites that allow workers to recover more than just workers’ compensation benefits. Specifically, when a construction worker is injured as the result of a violation of §§ 200, 240, or 241 of the NYLL, he or she may be entitled to pursue recovery. The best first step in pursuing recovery under these laws is to speak with an experienced Personal Injury attorney, like those Shalom Law, PLLC. Our attorneys are familiar with these and other New York construction laws, and we can help ensure that you get the just compensation you deserve after an injury on the job.
For you reference, below we have included a brief overview of each of the three most important laws for New York construction workers to know:
- NYLL §200
Section 200 of the NYLL is very broad in scope, protecting the rights of both workers and visitors to a construction site. This section mandates that both construction company owners and contractors exercise reasonable precautions to provide a safe working environment. Specifically, this means that all equipment, machinery, and other devices must be positioned, operated, and guarded in a safe and secure manner, to allow reasonable protection for construction workers. This section also mandates that owners and contractors provide reasonable protection for visitors to the job site by ensuring that the job site is equipped with things like adequate lighting and guardrails. This section further requires that if construction company owners or contractors discover a dangerous situation on their construction site, they must place a notice near the hazard to warn all workers and visitors of the danger until the unsafe condition is corrected.
- NYLL §240
Section 240 of the NYLL, often referred to as the “Scaffolding Law,” protects construction workers who sustain injuries from a fall on a construction site or who are struck by a falling object on site. Section mandates that construction company owners and contractors provide scaffolding and other reasonable safety equipment to prevent these kinds of injuries, including things like hoists, ladders, slings, hangers, pulleys, ropes, and stays. This section also requires that construction company owners and contractors not only provide safety equipment but enforce its use. This section, however, only applies to specific kinds of construction work, so in the event that you are injured in a fall on a job site or are struck by a falling object on site, an attorney can examine the specific facts of your situation and can help you determine if your injury is covered under Section 240.
- NYLL §241
Section 241 of the NYLL, like the previous section, mandates that construction companies and contractors provide reasonable safety precautions for construction workers, but it goes beyond covering only those working on an elevated surfaces to cover workers injured in other types of activities on a construction site, such as demolition and excavation. This section specifically outlines requirements for how construction or demolition sites must be “constructed, shored, equipped, guarded, arranged, operated, and conducted.” In this way, Section 241 is even more broad than Section 240, as it offers protections for a much larger range of potential injuries, including those due to slipping hazards, air pollution, cave-ins, tripping hazards, chemical usage, and many others.
To determine if an injury you or a loved one has sustained on a construction site entitles you to compensation under one or more of the laws outlined above, you should call a Personal Injury attorney right away. The attorneys at Shalom Law, PLLC, can help you assess your case and determine your options to best ensure that your rights are protected, and you get the compensation you deserve. Call us today for a free consultation: (718) 917-9474.
This memorandum relates to general information only and does not constitute legal advice. Facts and circumstances vary. We make no undertaking to advise recipients of any legal changes or developments.
Queens, New York
105-13 Metropolitan Avenue
New York 11375
(718) 971-9474
