New York labor laws require businesses to meet strict safety standards, especially in dangerous industries like construction. As a construction worker, understanding the labor laws that apply to your profession can help you ensure that your worksite follows these standards for your safety. Labor Law 240, also known as the Scaffold Law, is one such statute that every New York construction worker should know.
A construction accident attorney in New York can help you understand how the Scaffold Law protects construction workers and what you should do following a violation.
What Is Labor Law 240?
Approximately 2.3 million construction workers work on scaffolds frequently, according to the Occupational Safety and Health Administration. Labor Law 240, also known as the New York Scaffold Law, mandates that construction sites adhere to specific safety protocols when utilizing scaffolds.
Owners, contractors, and agents must provide the proper safety devices for workers who are performing elevated work, such as construction, demolition, or repairs. This includes working on scaffolds or ladders, or with hoists, ropes, braces, and similar devices.
The equipment used for working at heights must be properly built, positioned, and used for worker safety. The responsibility for meeting these requirements generally falls on property owners and contractors.
Labor Law 240 imposes a few specific safety requirements for using scaffolding:
- Scaffolds that are more than 20 feet off the ground must have secure safety rails that are at least 34 inches high.
- Scaffolds must be properly secured so that they do not sway.
- Scaffolds must be capable of bearing four times the maximum weight required for the task.
If a worker were to become injured because safety equipment or fall protection measures were not provided or failed, the owner or contractor may be legally responsible, even if they were not directly supervising the work.
Despite the strict requirements under Labor Law 240, scaffold accidents happen far too often. According to the Bureau of Labor Statistics, as many as 4,500 injuries and 60 deaths occur each year due to scaffolding accidents. Almost 30% of all workplace deaths from falls involve ladders or scaffolding.
How Does Labor Law 240 Protect Workers?
Labor Law 240 offers specific protections for construction workers against elevation-related hazards. Those injured while working on scaffolding and who meet the eligibility requirements under Labor Law 240 may be able to hold the owner, general contractor, or agent legally responsible.
For a worker to be eligible for legal action under this statute, they must have been engaged in one of these activities:
- Building erection
- Altering
- Cleaning
- Painting
- Pointing (repairing mortar joints)
- Repairing
- Demolition
- Erecting blocks, hoists, ladders, ropes, or similar equipment
The worker must have been engaged in actual construction, not maintenance or decorative work.
If a worker meets these requirements and was injured due to a gravity-related accident, they may be able to seek compensation directly, instead of through a workers’ compensation claim. A New York construction accident attorney can provide clarity and guidance about protections under the Scaffold Law.
What if a Violation of the Scaffold Law Led to Your Injury?
If you believe a violation of Labor Law 240 led to your construction accident or injury, taking a few specific measures could help protect your legal rights.
- Seek medical attention promptly to treat your injuries and avoid overlooking underlying conditions that could worsen with time. Your medical documentation will also serve as evidence in your case, whether you file for workers’ compensation or hold a party directly liable.
- Alert your construction manager to the incident as soon as possible. If you are applying for workers’ compensation, you generally need to report the incident within 30 days. If you are considering holding the owner or general contractor liable, you may have other deadlines that apply. Generally, the sooner you inform them about the accident, the faster you can claim compensation, if applicable.
- Document the incident through photos or videos of the accident scene, witness reports, official accident reports, and any other evidence. If you believe your worksite violated the Scaffold Law, you will need evidence to back up this claim.
- Report the violation to OSHA to prompt an investigation into your construction site’s adherence to safety standards. There could be other safety violations at play that put workers at risk.
- Consult a construction injury lawyer in NYC to discuss your next steps. They can help you understand your legal rights and options for seeking compensation.
Request a Consultation With Our New York Construction Accident Attorneys
Consulting an experienced attorney can help you understand New York labor laws for construction workers and whether your worksite may have violated Labor Law 240. Dervisihi Law Group, P.C., provides legal representation to injured construction workers across NYC. Call us today at 718-484-4757 to request a free case evaluation.
Frequently Asked Questions
What does it mean to hold a party strictly liable for an accident?
Strict liability in scaffold accident cases means that the owner, contractor, or agent is legally responsible for the harm caused to the worker, regardless of whether that entity was personally negligent or at fault. If an owner is strictly liable for construction worker injuries, they may be held accountable for the worker’s damages, which could include economic damages like medical bills and time off work, along with non-economic damages like pain and suffering.
What if your worksite didn’t violate Labor Law 240 when you fell from scaffolding?
If you fell from scaffolding despite all relevant safety standards being met, you likely still qualify for workers’ compensation. The majority of businesses in New York are required to offer this benefit for workers who become injured on the job. You may be able to seek compensation for a portion of your lost wages and reimbursement for medical expenses related to the accident.
How do you report a violation of Labor Law 240?
If your worksite is in violation of Labor Law 240, you can start by filing a complaint through the New York State Department of Labor or OSHA.
