A Brief Summary of the Following Article
As an employee, it is crucial that you know what laws are in place to regulate the requirements employers must abide by to ensure workers are kept as safe as possible. While it may not be possible to guarantee with 100 percent certainty that an accident will not occur and leave an employee injured, if the employer adheres to the New York labor laws, there is a lower risk than if they disregard these regulations. If you were injured at work it is important to understand the New York Labor laws in place to protect you and your rights.
At Lever & Ecker, PLLC, our New York personal injury lawyers have more than 65 years of combined experience representing victims as they seek justice after being injured in an accident while on the job. If you were injured in a workplace accident, our team of legal professionals can help you file a personal injury claim to pursue the fair compensation you deserve and understand how the New York Labor laws may affect your case.
Employees have a right to feel safe when they go into work each day. While some jobs, like construction workers or electricians, have a higher assumed risk level than others, there are laws in place that aim to protect employees in the event that an accident does occur.
If you were injured while on the job, it is important you understand the different labor laws that may impact your New York case.
New York Labor Law 200 details the general duty employers have to protect the health and safety of construction workers. This law states that the employee must be provided with the following:
The work site, including all machinery and equipment, must be organized in such a way that there is reasonable protection for employees and any other party who is frequently present at the work site.
Labor Law Section 200 can impose liability in two different scenarios. The first is where an accident on a work site was the result of a dangerous condition that the general contractor or owner was aware of prior to the incident. The second scenario is when an injury occurs as a result of an unsafe ‘means and methods’ of work. To be able to file a workers compensation claim for either of these scenarios, your lawyer can help you collect the necessary evidence to help you get the benefits you deserve.
New York Labor Law 202 protects the public and workers who clean windows and exteriors of buildings. This law states that the work cannot begin until the property owner provides a safe means for completing the job. Additionally, there must be safety precautions, devices for the prevention of accidents, and protection of any pedestrians below must be in place before a job begins. The employee must also agree to use the safety protections provided by the employer when cleaning the windows.
New York Labor Law 240, also known as the “Scaffold Law”, requires that property owners and contractors give proper protection to employees. This includes the following:
While Labor Law 240 is commonly referred to as the “Scaffold Law,” it also functions to protect workers in many other types of gravity-related accidents aside from falls from scaffolds. Labor Law Section 240 can cover two types of accidents:
In the first category, if a worker performing a covered type of work like construction, demolition, renovation, certain repairs, painting, and cleaning work, falls from a height and sustains an injury, Section 240 applies if the fall was caused by the failure to provide proper protection. If you have suffered an injury due to falling, this labor law allows employees to seek workers compensation benefits if the employer or contractor did not take the proper precautions to protect you.
New York Labor Law 241(6) imposes liability on site owners and general contractors for certain workplace injuries. The seminal Court of Appeals decision in Ross v. Curtis Palmer, 81 N.Y.2d 494 (1993), held that in order to establish a claim under Section 241(6) a worker must prove that a section of the New York Industrial Code was violated that is sufficiently specific. If a worker is able to demonstrate the violation of an Industrial Code with a concrete command, the site owner or general contractor may be found liable under Section 241(6) and the employee will have grounds to file a workers compensation claim.
Part 23 of the New York Department of Labor’s Industrial Code is entitled “Protection in Construction, Demolition and Excavation Operations” and is a comprehensive list of the many safety codes in place to protect construction workers on job sites. These include laws on the following:
For more information on any of New York’s labor laws and how they may affect your claim, contact our team of trusted lawyers at Lever & Ecker, PLLC today.
Our trusted personal injury lawyers at Lever & Ecker, PLLC, are dedicated to creating strong workplace accident claims to secure the compensation our clients deserve. We have over 65 years of combined experience working with injury victims in New York and are prepared to go to trial if necessary.
To schedule a free consultation with one of our New York personal injury lawyers about your workplace accident case, call (718) 933-3632 to reach our Bronx office or (914) 288-9191 for our White Plains office. You can also reach us by filling out our contact form.