Construction Accident Lawyer Discusses Labor Law 240

New York is known for being the only state with Labor Law 240, also known as the Scaffold Law. Construction accident lawyer, Frekhtman & Associates, wants construction workers to be aware of Labor Law 240 in case they are ever hurt on the job due to a scaffold related accident.

Labor Law 240 makes the contractor and property owner liable for elevation related accidents. In New York, the contractor and the property owner can be held liable even if the construction worker failed to follow the safety practices. The interpretation of the law by the courts has been to the benefit of the construction worker.

The purpose of the Scaffold Law is to protect construction workers. The property owner or contractor must make sure they provide proper protection such as safe scaffolding. What is unusual about this law is that the injured construction worker does not have to prove that the contractor was negligent or intended to cause harm. It is the responsibility of the contractor and property owners to provide the worker with a safe workplace.

If you have been injured in a construction accident and wonder if Labor Law 240 applies in your situation consider the following:

• You must be a construction worker.
• You must have been injured due to gravity which means either you fell or you were hit by an object that fell on you.
• The height must be at least equivalent to the last rung in a ladder which is about ten inches.
• The defendant must be a general contractor or property owner as the law indicates that the worker is not responsible for keeping himself safe when working at a height. Instead, the owner and contractors are responsible for providing necessary safety measures.

Specific rules apply for the safety measures provided. For example, scaffolding should be able to hold four times the amount of weight it needs to hold and should have harnesses or guards to keep the worker safe. Labor Law 240 also applies to ladders, roofs, stairs, and open platforms.

Workers injured by a falling object such as a tool, material or debris are covered under Labor Law 240 as well. The object does not necessarily have to fall from a height but can have a base at the same level as the worker. For example, equipment tipping over and hitting a worker causing injury is covered.

To learn more about Labor Law 240 and construction worker injuries contact us.