Each year, thousands of construction workers suffer from preventable injuries. In an attempt to curb these injuries and accidents, there are several labor laws in the State of New York created specifically to prevent unfortunate construction accidents and hold the correct parties liable.
If you have suffered an injury from a construction accident, seek out a construction accident lawyer in New York, such as one from Dervishi Law Group.
New York Construction Accident Attorney Explains Labor Laws
New York state laws require that construction workers receive proper safety equipment and conditions to complete projects in the safest manner possible. A knowledgeable Bronx construction accident lawyer should have a full understanding of the following labor laws, and how they could apply to your accident.
Labor Law 200
Labor Law 200, also known as Common Law Negligence, requires that construction company owners and contractors ensure that their workers are in a safe working environment. Specifically, this labor law states that the worksite must operate in the safest manner possible including construction, equipment, how it is arranged, and how it is operated.
Labor Law 200 also covers the enforcement of building codes for:
- Construction site facilities including sanitation
- Exits
- Elevators and escalators
- Fire suppression
- Radiation protection
This law also covers construction workers operating equipment and machinery by requiring that they have proper lighting and guardrails to prevent them from any falls that could occur.
Labor Law 240
Labor Law 240 is also known as Scaffold Law. This law exists to protect construction workers from injuries that could occur from falling or from a falling object hitting them. This law requires that all scaffolding raised more than 20 feet from the ground have a safety rail that is bolted in place and is as long as both ends of the scaffold. The scaffold must also be prevented from swaying by appropriate fastening.
The types of construction work covered under Labor Law 240 include:
- Painting
- New building construction
- Demolition
- Alterations
- Cleaning
- Repairing
Despite this law, as many as 4,500 scaffold injuries and 50 deaths occur annually.
Labor Law 241
The final law, Labor Law 241, covers certain measures contractors must take across all worksites. Specifically, this law references demolition, excavation, and safety equipment that workers must use.
For example, it lists instructions on the way construction sites should be arranged to ensure maximum worker safety. One such instruction is ensuring that hazardous openings are covered substantially and that covering is fastened in place to prevent falling or other injury.
New York Industrial Code Part 23
In addition to Labor Laws 200, 240, and 241, the New York Department of Labor’s Industrial Code must be followed. This code lists safety measures on everything from guard rails to the use of explosives.
Part 23 of the Industrial Code requires that all gas, water, and steam supply lines be shut off, capped, or sealed before demolition begins on the site. If this code is not followed and the construction worker becomes injured, the owner could be liable for failing to shut off power.
National Labor Laws
In addition to the labor laws specific to the State of New York, the Occupational Safety and Health Administration (OSHA) has set guidelines that construction sites must follow. OSHA reports that some of the prevailing violations reported have to do with:
- Scaffolding
- Ladders
- Fall protection
- Hazard communication
- Respiratory protection
- Eye and face protection
These guidelines are in place with the hope that employers will notice the hazards before an accident occurs to prevent more from happening.
What To Do If Your Construction Site Violated New York Labor Laws
You can take a few actions if you or someone you know has suffered from a construction injury that you believe is the result of improperly following New York labor laws.
Labor Law 200 Is Not Followed
Liability can be applied in two scenarios for Labor Law 200. First, when an accident on a work site is the result of danger that was ignored. An example of this could be something like a loose handrail.
The second scenario occurs when an accident occurs from unsafe methods, such as one worker conducting heavy lifting on their own instead of with the help of other workers. In order to prove that this scenario occurred, and hold a defendant liable, you must be able to show that the contractor supervised or controlled their work.
To successfully develop a case for negligence under Labor Law 200, you will need an attorney with a thorough understanding of how this law applies to particular fact patterns.
Labor Law 240 Is Not Followed
Liability can be complicated with this law. In some scenarios, both the site owner and the general contractor can be liable.
This law applies to owners of:
- Apartment buildings
- Multi-family homes
- Commercial buildings
Labor Law 240 also lists specific rules applying to any sustained injuries, and courts use a very strict interpretation of the law. Elevation cannot be the full qualifying factor for compensation recovery under this law, either. To qualify, you must have fallen from an elevated surface or sustained an injury from a falling item.
Labor Law 241 Is Not Followed
Similarly to Labor Law 240, this law can also place liability on both the site owners and general contractors for accidents and incurred injuries. In order for you to successfully establish a claim, you will need to show that there was a violation of an Industrial Code with a concrete command.
An example of this type of code would be that all hazardous openings that could lead to a dangerous fall must be covered and well-fastened, as described earlier in this post.
Steps to Filing a Construction Accident Lawsuit
The following steps are important to follow closely if you or someone you know has been in a construction accident.
- Report your accident to your employer as soon as possible. Once you have filed your report, your employer should submit an accident report to OSHA and/or the State of New York. You may also be able to qualify for worker’s compensation benefits at this time.
- If your employer does not report your accident within 24 hours, it is an automatic OSHA violation.
- If the case you present falls under New York labor laws or the Industrial Code, you can submit an online form to report the workplace violation.
- Seek legal counsel as soon as possible from a knowledgeable attorney.
Contact Our New York City Construction Accident Law Firm
Dervishi Law Group, P.C., is knowledgeable in New York labor laws and ready to help you seek compensation for any injuries you have incurred from a construction site injury. We can also help if you were a witness to a construction accident.
Call (718) 484-4757 or text (917) 496-8342 for a free case evaluation.
New York Labor Laws FAQ
How many hours can you legally work in NY?
New York labor laws do not state how many hours employees can legally work each day. Employers can ask employees to work in shifts of twelve or more hours legally.
Is it illegal to work 7 days in a row in NY?
Yes, it is typically illegal to work seven days in a row in NY. Aside from a few exceptions within certain industries, employees have the right to at least one day off per calendar week.
How long can you legally work without a break in NY?
Generally, you can legally work six hours at a time without a break. Under New York Labor laws, employers must grant employees a minimum of 30 minutes of unpaid time off if the employee has worked 6 hours or more.
