NY Labor Law 241 says that workers are entitled to reasonable and adequate protection and safety when doing construction, excavation or demolition work. These protections can vary from situation to situation, but they must always be sufficient to prevent work-related accidents.
Our NYC construction accident lawyers can investigate how your injuries happened and determine if you were harmed by a violation of this law. If so, you could qualify to take legal action under Labor Law 241.
What Does Labor Law 241 Say?
There are several provisions under Labor Law 241. The broadest of these, as previously stated, says that workers must be provided with proper protective equipment and a safe work environment. This could include:
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Providing workers with the equipment and tools they need to do their job with minimum risk
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Ensuring workers are trained in the correct use of all tools and equipment
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Regularly inspecting the site and addressing any possible hazards in a timely manner
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Responding to worker complaints about safety issues
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Making sure all tools, materials, and equipment are in good repair, and replacing any materials that are rotting, outdated, or otherwise unsafe
Other provisions of the law set safety standards for particular pieces of equipment, such as elevators and floor beams.
Who Is Liable for Injuries Under Labor Law 241?
Depending on your worksite, multiple third parties could be responsible for ensuring worker safety, including:
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Contractors
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Site or property owners
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Construction company owners
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Equipment rental companies
One of the first things we do for clients is investigate their accident to determine who is liable. Once we identify that party, we can file a claim or lawsuit with their insurance company for damages.
Are Employers Liable for Construction Accident Injuries?
You cannot sue your employer for work-related injuries in New York. Instead, you can apply for workers’ compensation benefits, which typically covers accident-related medical care, a percentage of lost wages, and payments for permanent disabilities (if applicable).
In order to apply Labor Law 241 and recover compensation from an at-fault party, you must prove that a third party like the ones listed above was:
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Responsible for your safety, and
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Responsible for failing to keep you safe
Can You Collect Damages Under Labor Law 241?
If you can show that a third party violated Labor Law 241, then this might give you grounds to file a claim or lawsuit for damages. This is in addition to whatever benefits you receive through workers’ compensation.
Personal injury damages frequently include but are not limited to:
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Physical and emotional pain and suffering
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Reduced quality of life
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Future loss of earning capacity or benefits
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Out-of-pocket expenses
If you lost a loved one in a construction accident, our NYC wrongful death lawyers could help surviving relatives seek damages for the loss of financial support, the deceased’s pain and suffering, and the loss of parental guidance (for minor children). You could also potentially recover survivors’ benefits from a workers’ comp claim.
Why Is Labor Law 241 So Important?
Construction sites can be very hazardous places. On any given day, workers could be at risk of:
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Falling from a height, like the top of a ladder or trench
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Being hit by a falling object or collapsing structure (e.g., a scaffold that was not erected properly)
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Slipping or tripping on a wet surface or piece of debris
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Being struck or trapped by a piece of equipment or machinery
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Suffering an electric shock due to improper wiring or grounding techniques
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Being trapped in an explosion, implosion, fire, or collapse
Labor Law 241 and other, similar laws are aimed at reducing or eliminating common causes of construction accidents. Conversely, failure to obey the law puts workers in danger. Any third party that unnecessarily risks a worker’s health should be held responsible. Our law firm can help you do so while you focus on recuperating.
Why Do Third Parties Ignore the Law?
Too many companies think it is easier and cheaper to cut corners. They might try to get the work done faster or for less money by:
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Not bothering to double-check equipment or tools for flaws, including wear and tear, before giving them to workers
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Pushing workers to operate in unsafe conditions, such as high winds or heavy rains
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Providing inadequate training, so workers are not sure of how to use equipment or protective gear
Negligent contractors, site owners, and company owners believe that worker safety and the occasional personal injury settlement is a small price to pay for saving money on protective equipment and proper tools and materials. We can stand up to these parties on your behalf by seeking maximum compensation.
Injuries You Could Recover Compensation for Under New York Law
As long as you can prove that your injuries were a direct result of the liable party’s negligence, our construction accident attorneys could pursue compensation for them. This includes but is not limited to:
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Concussions and traumatic brain injuries
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Back and spinal cord injuries
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Bone fractures
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Burns
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The loss of a finger, toe, hand, foot, arm, or leg
When possible, save all materials related to your treatment, including receipts, prescriptions, and communications from your doctor. This can help us prove what kinds of injuries you suffered and establish a connection between those injuries and your on-the-job accident.
Get a Free Consultation About Your Personal Injury Case
Aviles Law Firm PLLC is committed to providing our clients with the highest level of legal representation. If you believe your rights under NYC Labor Law 241 were violated, call our personal injury lawyers today. We provide free consultations to all callers, so it costs you nothing to start exploring your legal options with us.
