Protecting the Rights of New York Workers
When most individuals suffer injury on the job, they must seek compensation via the New York workers’ compensation program and do not have the right to seek compensation through the court system. Certain state labor laws, however, do give the right to file a legal claim seeking financial recovery to injured construction workers who meet certain qualifications and assert certain causes of their injuries.
According to the Occupational Safety & Health Administration (OSHA), construction is one of the most dangerous industries and, in 2013 alone, 828 people died and an estimated 70,000 suffered injuries in on-the-job construction accidents. Many of these accidents occurred due to dangerous violations of workplace health and safety laws, including the following:
- Inadequate fall protection
- Dangerous scaffolding
- Dangerous ladders
- Machinery accidents
- Faulty electrical and wiring systems
When a construction worker suffers an injury in an on-the-job accident, they should contact an experienced construction accident attorney who can advise you of your legal rights and options under New York labor laws. Please call to speak with the Battiloro Law Group to learn how we can help you recover today.
Labor Laws Section 240 and 241
Unlike many workplace accident victims, construction workers who suffer injuries in certain kinds of accidents have the ability to file a third-party lawsuit. Section 240, commonly known as the Scaffold Law, protects workers when they are completing certain types of work from heights. When workers are performing jobs from heights, the property owner or contractor is required to provide the following equipment that meets certain safety standards:
Why are some New York construction accidents different than other workplace injuries?
Victims of workplace accidents must seek compensation through the New York workers’ compensation program and do not have the legal right to pursue a legal claim in civil court against their employers. However, New York labor laws have certain provisions that give some injured construction workers the right to file a lawsuit and seek compensation through the courts. This right does not apply to every construction accident, however, and it is important to discuss your particular situation with a qualified construction accident attorney to see if labor law Section 240 or 241 apply in your case.
What should I do following an injury on a construction site?
The first step you should take after a construction site accident is to seek the necessary medical attention and treatment. If your injuries are serious, you should have someone call emergency personnel to provide adequate trauma care and carefully transport you to the hospital. If you do not require emergency care, you should take yourself to the emergency room or doctor’s office as soon as possible for a diagnosis and treatment recommendations. You should also report the accident and your injuries to your supervisor as soon as possible. Finally, contact an experienced construction accident lawyer to find out your legal rights and so they can begin investigating your case as soon as possible and help you navigate the legal system.