Construction Accident Law in New York
Construction accidents are, unfortunately, a fairly common occurrence in New York. According to the NYC Department of Buildings website, on average about 34 construction accident reports are filed monthly – and these are just the numbers that are reported. Many construction accidents, particularly those that involve undocumented workers, are not reported.
Many of these accidents result in serious injuries and even death. In fact, in the United States, construction workers had the highest number of workplace fatalities over any other type of job, as highlighted by the U.S. Bureau of Labor Statistics report from 2019.
Even though construction is vital for New York’s development, infrastructure, and awe-inspiring skyline, it remains a very dangerous business. Make no mistake: construction is a for-profit business and there can be a tendency for contractors and work site managers to cut costs, with the trade-off being endangering workers’ lives.
It is important to know what legal protections you are entitled to while working on a construction site.
If you have been in a construction-related accident, it is best to seek legal counsel. The attorneys at Block O’Toole & Murphy have centered their practice around personal injury law and are here to help. Call 212-736-5300 or fill out our online contact form for a FREE no-obligation consultation today.
TABLE OF CONTENTS
Local Labor Laws That Work To Protect You
If you’re an employee in New York, you are entitled to basic legal protections that are in place to ensure your safety. As an employee, it is crucial to know your rights in case your work site is in violation of one of the following laws:
NY Labor Law Section 200
New York Labor Law 200 details the general duty to protect the health and safety of construction site employees. It states that the employee must be provided with machinery, equipment, and devices at these work sites that are safe to use. The work site, including all machinery and equipment, must also be organized in such a way that there is reasonable and adequate protection for employees and anyone who is frequently present at the work site.
In practice, Labor Law Section 200 applies to impose liability in two scenarios. The first is where an accident on a work site was the result of a dangerous condition of which the general contractor and/or owner was on prior notice. For example, if a worker was injured because the handrail of a staircase was loose, and if the owner and/or general contractor knew (or should have known) about that loose handrail, then those entities could be liable under Section 200. The second scenario is when an injury is a result of an unsafe ‘means and methods’ of work. As an example, if a worker is injured because he or she was required to lift a very heavy object that should have required multiple workers or machine to safely lift, that would constitute an improper ‘means and methods’. However, to hold a defendant contractor liable under that theory, the worker must show that the contractor actually supervised and/or controlled his/her work.
Developing a Labor Law Section 200 case successfully requires an attorney who understands the law and how it applies (or does not apply) to a particular fact pattern. Proving that a contractor was aware of a defection condition, or actually controlled a client’s work, often requires developing evidence obtained through discovery devices like deposition testimony and project documents and photographs. An inexperienced lawyer might not ask the right questions or demand the right documents. And even armed with the information, an inexperienced lawyer may not understand how to present the evidence in a way that is consistent with the legal standard. That is why injured workers should always seek out law firms with real experience handling Labor Law claims.
NY Labor Law 202
New York Labor Law 202 protects both the public and people cleaning windows and exteriors of buildings. The law states that the work cannot commence until the property owner provides a safe means for completing the work, as well as safety precautions and devices for the prevention of accidents and protection of any pedestrians below. In turn, the employee must agree to use the safety protections provided when cleaning the windows.
Maybe you were cleaning a window and your safety harness failed, causing you to fall from a great height; or perhaps you were a laborer working below and were struck by a piece of falling equipment that was not secured as the window cleaner was doing his or her work. In either of these situations, you may be able to file a lawsuit against the party legally responsible for worker safety at the location.
NY Labor Law 240
New York Labor Law 240 is one of the most important safety laws that applies to New York workers. This law, also known as the “Scaffold Law”, requires that property owners and contractors give proper protection to employees, including appropriate scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices. Although Labor Law 240 is commonly referred to as the “Scaffold Law,” it actually functions to protect workers in many types of gravity-related accidents, not just falls from scaffolds.
Generally speaking, Labor Law Section 240 has been interpreted to cover two types of accidents: those involving ‘falling workers’ and ‘falling objects’. In the first category, when a worker performing a covered type of work (which includes construction, demolition, renovation, as well as certain repairs, painting and cleaning work) falls from a height and sustains injury, Section 240 applies where the fall was caused by the failure to provide proper protection. For example, a worker who falls because his/her ladder is shaky, because his/her scaffold collapsed, or because a temporary flooring gave way could be entitled to recover. In practical terms, that means the site owner and general contractor may be held liable for the worker’s resulting injuries by operation of law, even if the owner or general contractor did not actually supply the ladder, scaffold or temporary flooring at issue.
The same is true in the ‘falling object’ scenario; in which the owner and general contractor would be responsible for an injury caused by the failure to secure an object that required securing, leading to injury. This could include, for example, an object being hoisted falling and striking a worker because the hoist was inadequate.
The purpose of the Labor Law Section 240 (which has existed in some form for over 100 years) is to provide special protection for workers engaged in especially dangerous work, and to put the burden for ensuring site safety on the entities who have the resources and power available to do so; developers, owners and general contractors.
NY Labor Law 241
New York Labor Law 241(6) also imposes liability on site owners and general contractors in for certain workplace injuries. This law has developed as the Courts have interpreted it over the years. 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 needs to prove that a section of the New York Industrial Code was violated that it sufficiently specific and concrete. In other words, a provision of the Industrial Code that is deemed to be general in nature, even if violated, will not suffice as a predicate to impose Section 241(6) liability. An example of an Industrial Code section that has been held sufficiently concrete and specific is Section 23-1.7(b)(1)(i), which provides that, “every hazardous opening into which a person may step or fall shall be guarded by a substantial cover fastened in place or by a safety railing constructed and installed in compliance with this Part (rule)”.
If a Plaintiff is able to demonstrate that the violation of an Industrial Code with a concrete command, such as the example above, was a cause of his/her injury, then the site owner and/or general contractor may be found liable under Section 241(6). In such a case, however, the defense may still offer evidence that the worker was also negligent and contributed to the happening of his/her accident; and any resulting damages award would be reduced by the percentage of fault attributed to the worker.
New York Industrial Code Part 23
As mentioned above, New York job sites also operate under the New York Department of Labor’s Industrial Code. Part 23 of the 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 but are not limited to laws on guard railings, hand tools, personal hoists, demolition by hand, scaffolding, and use of explosives.
For example, Part 23 of the code states before demolishing anything at a construction site, all gas, water, steam, and other supply lines must be shut off, capped, or sealed. The service or utility company must also be notified 24 hours before the demolition begins. If a laborer was working on a demolition project and sustained an injury due to a running power line, the property owner could be at fault for not shutting off the power.
National Labor Laws
Aside from New York State’s labor laws, job sites nationwide must also follow the Occupational Safety and Health Administration’s set of guidelines. Their website includes a detailed A-Z list of safety guidelines and laws, training requirements for employers and employees, and lists how to report an OSHA violation. According to OSHA, there are ten violations that are most commonly reported. These include the following:
- Fall protection (specific to construction)
- Hazard communication
- Scaffolding
- Respiratory protection
- Control of hazardous energy
- Ladders
- Powered industrial trucks
- Fall protection (specific to training requirements)
- Machine guarding
- Eye and face protection
OSHA states that this list was meant to alert employers of common hazards so they can fix them before an accident occurs; far too many workplace accidents are preventable. OSHA laws change every year, so it is necessary to remain up to date and informed on your rights as an employee. In New York, depending on the case, violations of OSHA rules may be admissible at trial at some evidence that the site was operated in a negligent manner.
Filing a Construction Accident Lawsuit
If the unthinkable has happened and you have been in a construction accident, it’s important to ensure that you are following the proper steps when reporting your accident and injuries.
- Report the accident to your employer. It is important to notify your employer as soon as possible so they can submit an accident report to OSHA and/or New York State and so that a record of accident is created. Additionally, if you intend to apply for workers’ compensation benefits, reporting the accident to your employer is a necessary first step.
- Under OSHA standards, your employer has 24 hours to report your accident. If they fail to do so, that is an OSHA violation. If found guilty of an OSHA violation, under the OSH Act of 1970 Section 17 employers can be fined anywhere between $5,000 and $70,000 for each issue.
- If your case falls under New York labor laws or the New York Industrial Code, you can submit an online form reporting a suspected workplace violation, with the option to remain anonymous. If you’d rather report by phone, you can call the Task Force hotline at 1-888-469-7365.
After reporting your accident to both your employer and the government, you should seek legal counsel with an experienced personal injury lawyer. Call 212-736-5300 or fill out our online contact form for a FREE no-obligation consultation today.
Attorneys That Fight for Your Rights
The law firm of Block O’Toole & Murphy has centered its practice around personal injury law and helping the victims of tragic accidents. Our firm is particularly known for our experience and expertise in handling construction accident cases, including those that implicate the laws and rules discussed above. Our construction accident lawyers frequently return top results in construction accident cases. Our law firm has obtained over $1.5 billion in results for clients. Some of these results include, but are not limited to, the following:
- $110,174,972.38 jury verdict for a cyclist in Bushwick who was struck by a falling railroad tie due to a track replacement project on the J/M/Z line;
- $15,000,000 settlement for an HVAC technician who unfortunately died due to injuries sustained while lifting a 28,450-pound chiller unit with inadequate chain usage;
- $12,000,000 settlement for a tunnel worker who fell 40 feet into a shaft while working on a subway extension project;
- $11,500,000 settlement for a construction worker who suffered severe wrist injuries after being cut by a defective circular saw missing its safety guard;
- $11,000,000 settlement for a Brooklyn construction worker who fell three stories after stepping on an unsecured hole covering;
- $10,875,000 jury verdict for a union worker who fell off the top of a Brooklyn building and was impaled by an unguarded steel rebar;
- $10,500,000 settlement for a 50-year-old union laborer who was struck by a defective saw that kicked back; later, he tragically died from his injuries;
- $7,400,000 settlement for a construction worker who fell on a narrow steel beam and sustained severe shoulder, knee, and back injuries that later required surgery;
- $7,300,000 settlement for a worker who was performing steel demolition and fell to the ground after a beam landed on him, tragically causing the amputation of his right arm;
- $7,200,000 settlement for a 25-year-old Brooklyn resident who unfortunately died after falling down an elevator shaft.
If you were seriously harmed in a construction accident, it’s best to speak with a lawyer to know what your options are. To request a FREE case evaluation, call 212-736-5300 or fill out our online contact form to speak to one of Block O’Toole & Murphy’s lawyers today.