Labor Law 240 Attorneys in New York City

What Is Labor Law 240?

Labor Law 240 is a New York law that holds property owners and contractors strictly liable for injuries workers sustain in falls from heights or falling object accidents. This means that, regardless of who was at fault for a construction accident, a worker can file a claim to recover compensation for their injuries.

Under Labor Law 240, workers who are injured in scaffolding accidents, ladder accidents, and other types of falls can seek compensation for their injuries. The law is designed to protect workers and ensure they have a means of financial recovery when they are seriously injured in a fall accident.

Understanding Your Rights as a Construction Worker

As a construction worker in New York, it's crucial to be aware of your rights under Labor Law 240 and other related regulations. Many workers are unaware of the protections afforded to them, which can lead to missed opportunities for compensation in the event of an accident. At Schotter Millican, LLP, we believe that knowledge is power, and we are committed to educating our clients about their rights.

Here are some key points every construction worker should know:

• Right to a Safe Work Environment: Employers are legally obligated to provide a safe working environment, including proper safety equipment and training.
• Right to Report Unsafe Conditions: Workers have the right to report unsafe conditions without fear of retaliation. This is essential for maintaining workplace safety.
• Right to Compensation: If injured due to unsafe conditions or negligence, you have the right to seek compensation for medical expenses, lost wages, and pain and suffering.
• Legal Assistance: You are entitled to consult with an attorney specializing in labor law to understand your options and rights fully.

Being informed about your rights can make a significant difference in your ability to navigate the complexities of construction accident claims. If you have questions or need assistance, don't hesitate to reach out to our experienced team at Schotter Millican, LLP. We’re here to help you every step of the way.

What Is Considered a Fall Accident Under the Scaffold Law?

In New York, the Scaffold Law is not only applicable to construction workers who fall from heights. It is also applicable to workers who are injured by falling objects.

Some common examples of fall accidents that may be covered under Labor Law 240 include:

• Falling from a ladder: Ladders are commonly used on construction sites, and many workers are injured when they fall from a ladder.
• Scaffolding accidents: Construction workers are often required to work on scaffolding high above the ground. When scaffolding is defective or improperly assembled, workers can fall and sustain severe injuries.
• Falling from a roof: Workers who are required to work on roofs may be at risk of falling to the ground below.
• Falling through a skylight: When a skylight is improperly covered or not covered at all, construction workers are at risk of falling through the skylight and suffering severe injuries.
• Falling from a crane: Construction workers who are required to work on cranes are at risk of falling from the crane and sustaining serious injuries.
• Being struck by falling objects: Construction sites are often filled with debris and other objects. When these objects are not properly secured, they can fall and seriously injure workers.

What Are the Requirements Under Labor Law 240?

Labor Law 240 holds contractors and property owners strictly liable for injuries construction workers sustain in falls. In order to have a valid case under the Scaffold Law, you must be able to prove that you are considered a "covered worker" and that the safety devices required under the law were not provided or were defective.

Under Labor Law 240, covered workers include:

• Construction workers
• Construction site managers
• Construction site owners
• Architects
• Engineers

If you are a covered worker and you were injured in a fall accident, you may be entitled to compensation under the Scaffold Law. However, you will need to be able to prove that the required safety devices were not provided or were defective.

The safety devices that must be provided under Labor Law 240 include:

• Properly secured harnesses
• Sturdy scaffolding
• Properly secured ladders
• Properly secured hoists
• Properly secured pulleys
• Properly secured slings
• Other safety equipment and devices

If any of these safety devices were not provided or were not in proper working order, you may have a valid Labor Law 240 claim.