Each year, thousands of workers across New York State are injured in construction site accidents. The physical, emotional, and financial costs associated with these accidents can be devastating to workers and their loved ones. Fortunately, New York State Labor Laws give injured workers and their families the chance to obtain full compensation for their injuries.

According to the Occupational Safety and Health Administration, construction site accidents are one of the leading causes of workplace fatalities in the United States. The United States Bureau of Labor Statistics reports that between 2006 and 2015, 464 workers died from workplace falls. In 2016 alone, 71 construction workers were killed on the job in New York.  Some of the most common injuries and deaths result from the “Fatal Four” hazards: falls, electrocution, blows from heavy objects, and getting caught between equipment and machinery.

New York State has several laws in place to protect workers from injuries on the job.  Section 240 of New York’s Labor Law, also known as the Scaffold Law, requires project owners to implement safety measures for the prevention of falls and injuries from falling objects. In addition, Section 241 of the Labor Lawrequires project owners to provide safety equipment to employees, and mandates specifically how worksites must be constructed, equipped and operated for the protection of workers.

Sections 240 and 241 are strict liability statutes that hold project owners liable regardless of the employee’s comparative fault, unless the employee’s negligence alone caused the injury, or the employee failed to use safety equipment as required.

Many individuals worry that pursuing a claim against a project owner will bar them from obtaining workers’ compensation payments. Fortunately, filing a claim under Sections 240 and 241 does not impact workers’ compensation eligibility.

At Levene Gouldin & Thompson, our attorneys understand the significant physical, emotional and financial toll that construction accidents can have on workers and their families. Workers’ compensation seldom provides enough for an injured worker to make ends meet and provide for his or her loved ones.   If you or a loved one suffered injuries in a construction accident, please contact us to find out how we may be able to help you receive compensation for your injuries beyond that provided by workers’ compensation.

Sources:

N.Y. CLS Lab. § 240.

N.Y. CLS Lab. § 241.

Commonly Used Statistics, U.S. Dept. of Labor, Occupational Safety and Health Administration, https://www.osha.gov/oshstats/commonstats.html (last visited June 25, 2019).

Charlene Obernauer, Deadly Skyline: An Annual Report on Construction Fatalities in New York State, New York Committee for Occupational Safety and Health, , https://nycosh.org/themencode-pdf-viewer-sc/?tnc_pvfw=ZmlsZT1odHRwczovL255Y29zaC5vcmcvd3AtY29udGVudC91cGxvYWRzLzIwMTgvMDIvRGVhZGx5U2t5bGluZS0yMDE4X09ubGluZV9GaW5hbC5wZGYmc2V0dGluZ3M9MTExMTExMTExMTExMTEmbGFuZz1lbi1VUw==#page=&zoom=auto&pagemode= (last visited June 25, 2019).

Number and Rate of Fatal Work Injuries, by Industry, United States Bureau of Labor Statistics, https://www.bls.gov/opub/mlr/2014/article/fatalities-in-the-construction-industry.htm

https://www.bls.gov/charts/census-of-fatal-occupational-injuries/number-and-rate-of-fatal-work-injuries-by-industry.htm (last visited June 25, 2019).