The construction industry is one of the largest in New York; however, it is one of the most dangerous as well. Construction workers can suffer injuries, or even death while working on scaffolding, having equipment accidents, falling, and more. Did you know that New York has special provisions for construction workers who are hurt on the job? This is known as New Yorkâ€™s Scaffolding Law.
The New York Labor Law, NY Code Section 240 is also widely known as New Yorkâ€™s Scaffolding Law. It protects the workers from gravity-related accidents. This law is a great option for the cityâ€™s construction workers because if in the unfortunate event they are injured, it allows these workers to file lawsuits against the party responsible for their fall. Under this law, both contactors and property owners can be held liable for gravity-related accidents.
Recently, there were two cases under the New York Scaffolding Law that made its way to the New York Court of Appeals where the property owners won in both cases. In one of the cases, a construction worker filed a lawsuit because he was injured while installing insulation in a ceiling. There were differences between what the construction worker and his supervisor stated. The supervisor said that the worker had the accident when the stilts he was on hit a patch of ice when he stepped forward with one foot while swinging a hammer over his head. On the other hand, the construction worker stated that before the accident, he told his supervisor about the ice. According to his side of the story, the supervisor told him to complete the installation anyway. The appeals court ruled that the accident was not within the scope of the New York Scaffolding Law. They stated that the accident was caused by ice instead of falling from the stilts.
This case is an example of how the New York Scaffolding Law affects these types of cases. Any construction worker hurt on the job needs to know that the injury has to be from a gravity related accident in order for it to fall under this law. An experienced attorney can help with deciding the type of case you have if you find yourself injured on the job.Â Jayson Lutzky handles accident cases, including workplace accidents. If you have been injured, call 718-514-6619 to set up a free in-office consultation. Mr. Lutzky also offers hospital or home consultations if you have been seriously injured. Visit www.MyNewYorkCityLawyer.com to learn more about Mr. Lutzky’s firm.