New York’s Scaffold Law is a crucial piece of legislation designed to protect construction workers who work at height. Enacted in the early 20th century, this law reflects New York’s commitment to the safety and welfare of workers in the construction sector, a field known for its high risks and potential for serious injuries. However, many construction workers don’t realize they have these protections available to them.
If you have been injured due to an accident while working at height, you may have more options than you realize. Below, we explain the Scaffold Law, how it works, and what you can do if you’ve been hurt while working at elevation.
What Is the Scaffold Law?
The Scaffold Law in New York, formally known as Labor Law 240, is a piece of legislation that provides special protections for workers involved in height-related construction tasks. This law places absolute liability on property owners and contractors to ensure the safety of workers when they are engaged in the erection, demolition, repair, altering, painting, cleaning, or pointing of a building or structure. It specifically addresses risks related to gravity, such as falls from heights or being struck by falling objects.
Key Provisions of the Law
The law requires that scaffolding and other safety devices such as hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other protective equipment must be:
- Securely fastened and constructed to bear four times the weight they would typically hold.
- Placed effectively to ensure the safety of the workers using them.
- Regularly inspected and maintained to prevent accidents.
If these devices fail or are absent, and a worker is injured as a result, the property owner and the general contractor can be held liable for the worker’s injuries without the need for the injured party to prove negligence. This “strict liability” standard is one of the most controversial aspects of the law, as it imposes liability regardless of the injured worker’s contributory negligence.
The Scaffold Law has had a significant impact on promoting workplace safety in construction sites across New York. By holding employers and property owners to a high standard of care, the law incentivizes them to maintain rigorous safety protocols. Studies and reports indicate that workplaces where the Scaffold Law is enforced have fewer accidents and injuries, as the potential legal and financial penalties for non-compliance are substantial.
It is important to note that there is a limited time during which a worker can file a lawsuit, typically three years from the date of the accident in New York, but it can vary depending on the case. Workers can often pursue both a workers’ compensation claim and a personal injury lawsuit simultaneously, but receiving compensation from one might affect the amount received from another.
How Injured Workers Can Get Legal Help
New York construction workers who are injured in scaffolding-related accidents have several legal options to seek compensation and justice. If that describes you, here’s a step-by-step guide on what you can do:
- Seek Medical Attention: The first priority should be to address any injuries. Immediate medical treatment is crucial for the health of the injured worker and also serves to document the injuries in a medical record, which is important for any future claims.
- Report the Injury: The worker should report the injury to their employer or the construction site manager as soon as possible. This report should be made in writing, and the worker should keep a copy of the report for their records. This is a critical step, as failing to report an injury in a timely manner can sometimes affect compensation claims.
- Document the Accident and Injuries: If possible, the worker should take photographs of the accident scene, especially any scaffolding setups or other equipment involved. Gathering the names and contact information of witnesses can also be helpful. Keeping a detailed record of the events and any subsequent symptoms or medical treatment following the accident is important.
- Consult a Personal Injury Attorney: Given the complexities of New York’s Scaffold Law and workers’ compensation laws, the injured worker should consult with an attorney who specializes in personal injury or construction accidents. An experienced lawyer can guide you on the best legal path, whether it’s a workers’ compensation claim, a personal injury lawsuit under the Scaffold Law, or both.
- File a Workers’ Compensation Claim: Most construction workers are covered by workers’ compensation, which can provide medical benefits and a portion of their wages while they recover. It’s important to file a claim with the employer’s workers’ compensation insurance as soon as possible.
- Consider a Personal Injury Lawsuit: If the injury resulted from a violation of safety standards or negligence, the worker might have a claim under the Scaffold Law. This law allows injured workers to sue for damages, including pain and suffering, which are not covered by workers’ compensation.
- Pursue the Claim: With the help of an attorney, the worker can pursue their claim, negotiate settlements with insurers, or prepare for court if necessary. The attorney will handle the gathering of evidence, legal filings, and court appearances, relieving the injured worker of these burdens.
By following these steps, injured workers like yourself can assert their rights and seek appropriate compensation under New York law.
Helping You Stand Tall After Your Scaffolding Injury
New York’s Scaffold Law serves as a vital protective measure for construction workers, aiming to ensure that they can perform their duties at heights with the assurance of safety. While the law continues to face debate, its role in reducing workplace injuries cannot be understated.
For workers injured on construction sites, consulting with an experienced attorney can be the first step toward securing the compensation and justice they deserve. If you have been hurt on the job, the professional personal injury attorneys at Rimland Law are available to help you. Schedule your consultation to discuss your case and learn how we can assist you with your construction work injury.