In this article, you will discover:
- What New York’s Scaffold Law means for injured construction workers.
- Whether you can recover under New York’s Scaffold Law if you’re partially at fault.
- How liability is determined under New York’s Scaffold Law.
What Does New York Labor Law 240, Also Known As The “Scaffold Law,” Mean For Injured Construction Workers?
New York’s Scaffold Labor Law, Section 240, is about working at elevation. Generally speaking, you can hold an owner responsible if:
- You’re doing defined construction work on a construction site
- You fall from an elevated level
- You suffer an injury
- You’re able to show that, according to Section 240, it was at an elevation
You can hold the owner responsible, even if they did nothing relevant to the work itself. Suppose owners of a building hire a construction company to do facade work. You’re on a scaffolding, you fall and suffer an injury. Even though the building owner had nothing to do with the work, inspecting it or supervising it, you can still hold them responsible under Section 240.
Section 240 is intended to protect construction workers working at elevations above ground. It also covers situations where an object falls on someone.
Can You Share A Case Where A Client Successfully Won Compensation Under Section 240?
I had a 240 case where my client was running cable above a drop ceiling when the ladder collapsed. We were able to show that the owner was responsible, notwithstanding that my client had workers’ compensation coverage with his employer, and, arguably, his employer was responsible for providing the defective ladder.
However, you can’t sue your employer in New York. Responsibility and liability lie with the owner, according to Section 240 of the Labor Law.
Under 240, Am I Still Able To Get Compensation If I’m Partially At Fault For My Injury?
Arguments can be made to dismiss a case if there’s a significant level of fault attributable to you, the injured party. It goes to contribution: how much of the injury was the result of something you did?
Maybe you were supposed to wear protective gear, and had you worn it, the injury would not have been as significant. Therefore, any damages you receive should be proportionately discounted in accordance with the percentage of fault that applies to you.
How Is Liability Determined In Construction Accident Cases Under New York’s Labor Law 240?
The case law and the evidence determine liability. You want to obtain as much evidence as you can — photographs, statements and witnesses. If there are any witnesses to the accident, they will be crucial to proving your liability case.
If an object (such as a ladder that collapsed) was in use by you and failed, causing your accident, you’ll want to hold onto this item so an expert can evaluate it. Also, your testimony as to how the item failed will be significant.
You’ll also need to show that the work was construction rather than maintenance. A porter changing a light bulb, for example, wouldn’t be considered construction.
How Do You Respond To Critics Who Say The Scaffold Law Is Too Strict?
The Scaffold Law requires construction companies, whether subcontractors or contractors, to take all reasonable steps to keep the construction site safe. The law is strict. Many would argue that you shouldn’t hold the owner liable if they’re not supervising the work that’s being done.
However, it’s not just the owner who is liable. You’re also dealing with subcontractors and general contractors. They should be held responsible because they’re in a position to make changes and ensure that the construction site is safe.
My answer is: Without these laws in place, there would be many more accidents and injuries.
Still Have Questions? Ready To Get Started?
For more information on New York’s Scaffold Law, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 844-47-FIGHT today.
