Who is Liable for Construction Falls on Construction Sites?

Lever & Ecker, PLLC May 10, 2013 Construction Accidents

Construction workers face dangers at work every day that many of us will never dream of. While some may have chosen this profession, it is imperative that they are guaranteed safety, especially when working at great heights.

In 2011 OSHA reported that falls were responsible for 35% of deaths on construction sites. The exact number being 251 out of 721. Ladders were in the top ten for violations received.

10% of injuries were the result of being struck by an object.

While construction workers can receive workers compensation for injuries that are work-related, they may be entitled to additional monies. NY Labor Law 240 says that if the injury from the fall is due to negligence on the part of the employer or contractor, they can be entitled to this extra compensation.

Law 240, also known as the Scaffolding Law, says that employers must be held responsible for the safety of workers at heights or from having objects fall on them. The equipment must be tested and maintained properly, including:

  • Scaffolding.  (Must be able to support 4 times its weight bearing expectation and have safety railings when over 20 feet high.)
  • Ladders
  • Bridges
  • Hoists
  • Harnesses
  • Roofs
  • Ropes
  • Pulleys
  • Slings

If any of this equipment is old, improperly maintained or manufactured, a serious injury or death could result. Workers in construction are already taking more risks than most other professions, so their safety equipment should not be risky as well. If you or someone you know has been injured due to negligence on the part of the employer failing to comply with Law 240, contact an experienced NY construction attorney.