The promise that the yearly construction season brings to laborers means
another year of prosperity. But along with the promise of employment,
comes the prospect of being injured on the worksite. Indeed, numerous
construction workers are injured every year in Mid-Hudson Valley construction
An experienced Newburgh construction accident attorney is fully acquainted
with New York laws designed to protect laborers from preventable accidents.
If you or a loved one has been hurt or killed in a workplace accident,
can one of our attorneys today.
Construction work performed on or around scaffolding brings unique dangers
to construction laborers. As such,
New York Labor Law Sections 240 and
241(6) regulate scaffolding and ladder use in work zones. If a laborer is injured
due to a scaffolding or ladder accident, he or she may still recover from
a property owner, contractor, or subcontractor employer notwithstanding
New York’s Workers’ Compensation Statute.
Blocks, braces, hoists, stays, scaffolding, and ladders are covered under
Section 240 of New York Labor Law. Employers and companies erecting scaffolding, as well as the parties
who own the property upon which the scaffolding is erected must keep employees
safe from falling off of these devices. Persons around these devices must
also be kept safe.
In fact, these parties are negligent per se and strictly liable for scaffolding
injuries occurring at construction zones. This means that negligence does
not need to be proved during trial if these laws were violated. An action
in negligence may still proceed, however, even when the scaffolding laws
were not violated. Even if the laborer was negligent himself, he may still
sue to recover for his injuries.
As in any suit, it is paramount to name the proper parties as defendants.
So who can an injured scaffolding worker sue in order to receive compensation
for worksite injuries? First and foremost, the party who erected the scaffolding
can be named as a defendant is that company negligently assembled the
device, even if such a company was not the injured worker’s employer.
Second, the general contractor who is coordinating construction at the
site may be sued as well because such parties owe workers a duty of care
to keep them safe from preventable injuries. Again, this applies even
if the contractor did not erect the scaffolding and even if the general
contractor was not the laborers employer.
Third, a subcontractor who employs laborers working on scaffolding may
be held liable for worker injuries as well because they too owe a duty
of care to the laborer. Because of New York Labor Law, employees may recover
from their employer in spite of workers’ compensation laws. Lastly,
companies involved in the design, manufacture, and distribution of scaffolding
equipment may also be named as parties potentially responsible for a construction
worker’s fall from scaffolding.
Are you interested in learning more about construction accidents and the
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Our construction accident 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 personal injury 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.