Unfortunate as it sounds, scaffolding is a common cause of accidents in New York construction sites.
This type of construction accident is unlike classic slip-and-fall accidents caused by slippery floors and other surfaces. It involves a contractor’s negligence of safety measures, leading to different injuries such as broken bones, traumatic brain injury, and spinal cord injury.
Olivier E. Roche, Esq. provides professional legal services that address scaffolding injuries and other construction accidents in New York.
Workers Benefit from Labor Law 240
New York Labor Law 240 (or the “Scaffold Law”) states that construction workers have the right to use safety devices and to be aware of provisions, especially if they need to do construction work at high elevations such as scaffolding. Take note that construction work in this context does not include minor repair work and routine maintenance.
The third-party contractor supervising the construction site is in charge of disseminating safety devices and provisions. They are also in charge of inspecting the site for safety violations. Therefore, the contractor is liable for any worker injury sustained from scaffolding accidents if they overlooked safety violations or failed to provide the necessary safety devices.
They will not be liable for scaffolding injuries if they are able to prove that the worker was solely responsible for the accident.
Labor Law 241 States a Contractor’s Liability
The negligence of a third-party contractor may result in the violation of worksite safety codes which, in turn, result in a scaffolding accident and sustained injuries. Labor Law 241 indicates that the contractor is automatically liable for the accident because of the safety code violation and will have to provide compensation. Therefore, the injured worker no longer has to prove the contractor’s negligence beforehand.
As a former prosecutor in New York with a multidisciplinary practice, I can provide professional legal services necessary for your construction accident lawsuit.
Call today for a consultation.
