NYC construction accident attorney Keetick L. Sanchez explains what construction workers should know about the scaffold law in New York. The lawyer mentions that one of the most dangerous industries in the country is the construction industry. Falls in the construction industry have been the leading cause of death in on-the-job accidents.
According to the NYC construction accident attorney, “The State of New York has taken the safety of construction workers very seriously by instating labor laws such as New York Statute 240(1), otherwise known as New York’s ‘scaffold law.’ The scaffold law makes owners and contractors responsible for ensuring the safety of any workers who must perform jobs where there are gravity-related dangers and the risk of falling.”
The lawyer explains that the New York scaffold law is unique in that it places absolute liability on owners and contractors if an accident happens. It does not matter whether they had any direct supervision or control over the work at the time of the injury or not. The scaffold law also states that an owner or contractor is not able to place the blame on a subcontractor or even the worker.
Sanchez adds that the scaffold law applies to seven job categories. The law covers workers who are engaged in construction activities such as erection, demolition, repairing, altering, painting, cleaning and pointing. An owner or contractor is required to ensure the safety of these workers by providing certain safety devices, such as scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes or other devices.
“The scaffold law is not limited to these specific construction workers alone,” Sanchez says in the article. “It can actually cover a broader range of workers as long as they can demonstrate that they were an integral and necessary part of the activity. If a worker can prove that he or she was working ‘in furtherance of’ a project where the statute applied, the worker may still be covered under the scaffold law.”
Furthermore, the lawyer explains that an on-the-job injury will entitle workers to collect workers’ compensation benefits. Unfortunately, worker’s compensation is often not sufficient to compensate for the injuries or even fatality of a fall. And workers’ compensation takes away the victim’s right to hold the at-fault party liable, leaving the possibility that others may suffer from their negligence in the future.
Suffering an accident is not enough to hold contractors and owners responsible under the scaffold law. It is up to the injured party to prove that the law was violated, and that the violation contributed to the injury. This is when you need the advice and guidance of a legal professional to ensure that your rights are protected.
Lastly, the lawyer emphasizes the importance of having a skilled construction accident lawyer if someone has been injured in a construction site accident. Having an experienced attorney may be able to help the victim receive the compensation that they deserve for the injuries they suffered.
K.L. Sanchez Law Office is a firm founded by accident attorney Keetick L. Sanchez. The lawyer and her team of crane accident attorneys work hard to help those who are victims of construction accidents. The lawyers at K.L. Sanchez Law Office believe that a victim deserves to be compensated for the injuries they suffered.
