Workers laboring on ladders and scaffolding are granted unique protections
in New York. Actually, the state of New York provides such protections
through New York Labor Law sections 240 and 241(6).
Of course, these protections are not preventative. Rather, the laws of
New York provide post accident rights to New Yorkers in the form of opening
up avenues for injured laborers to collect compensation when they are
hurt in accidents that which involve scaffolding and ladders.
Given that we are in the midst of summertime, there is no better time to
discuss these issues because the majority of construction projects take
place in the warmer months.
In New York, scaffolding workers are not limited by the Workers’
Compensation statute in regard to recovering compensation for worksite
injuries. When injured on the job and such injury occurred while on a
scaffold, block, pulley, rope, hander, sling, iron, hoist, ladder, stay,
brace, among other devices, the victim can sue the offending parties pursuant
to the dictates of the Scaffolding Law.
The Scaffolding Law is what New York Labor Law section 240 has come to be known by. It requires property owners, contractors, and
subcontractors to keep construction workers safe from falling on the job.
Historically, New York courts have read the law as such that strict liability
will apply when these laborers fall from scaffolding and the like. What
this means is that the injured construction worker may not have to prove
that the owner, contractor, or subcontractor negligently caused the accident.
This can apply even if an Occupational Safety and Health Administration
regulation had not been breached. If the worker died in the accident,
the decedent’s family can even sue for compensation.
You might have heard stories about construction workers that do not use,
or properly use, safety equipment like harnesses, for example. If a construction
worker falls from scaffolding and in some way was negligent too, can the
laborer still sue the owner, contractor, and or subcontractor?
experienced Poughkeepsie, New York scaffolding accident attorney knows that the answer to this question is yes. If the worker’s negligence
contributed to the accident but was not the sole cause of the scaffolding
fall, than the victim can still recover compensation for medical bills,
pain and suffering, lost wages, rehabilitation costs, and future medical
bills, among many other items.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.