Home » Trades Articles » Injured Workers May Recover Damages Under New York's Scaffold Law
Injured Workers May Recover Damages Under New York's Scaffold Law
Even in the wake of the recent recession and the slowdown in the construction industry, scaffolds, ladders, and other similar equipment can still be seen on job sites throughout New York.
June 25, 2010 /Trades PR News/ -- Even in the wake of the recent recession and the slowdown in the construction industry, scaffolds, ladders, and other similar equipment can still be seen on job sites throughout New York. And, just as before, with any construction project comes the potential for on-the-job injuries.
What many people don't know, however, is that workers' compensation is not necessarily the only recourse for people injured in some on-the-job injuries. Even professional builders may not be familiar with New York's so-called "scaffold law," which allows people injured while working on or with scaffolds, ladders, hoists, ropes, and other similar equipment to collect monetary damages for their injuries in addition to any workers' compensation benefits they may receive.
More Than Just Scaffolds
The scaffold law, found in section 240(1) of New York's labor law, holds property owners and contractors responsible for the safety of "scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices." This means that when property owners and contractors have this sort of equipment on a job site, they must ensure they also have the safety equipment necessary to protect workers against what might be termed "elevation hazards"-- in other words, to keep people from falling, or to keep things from falling on people.
If a person is injured in an accident of this type, he or she may be entitled to compensation from sources other than state-regulated work comp benefits. The worker must establish that the appropriate safety device(s) was not present or was defective, and that this was the chief reason for the accident (or in legal terms, the proximate cause of the accident). Recovery can be barred, however, if functional safety equipment was available on the site and the injured worker chose not to use it or used it inappropriately.
Responsibility on Owners and Contractors
Section 240(1) law holds property owners and contractors responsible for the safety of the workers on their sites.There are several important exceptions to the law, however. Not every contractor on the site is held to such high standards. Parties who play a role in the construction but are not in control of the project - like engineers, architects and landscapers - are likely not liable.
Because workers have suffered such a wide variety of on-the-site injuries over the years, it would be nearly impossible to list them all. If you have been injured in a construction-related accident, it is important to talk with an experienced personal injury lawyer who is familiar with New York's scaffolding law for a case evaluation.
Article provided by Ellis Law, P.C.
Visit us at www.ellislaw.com
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