NEW YORK CITY SCAFFOLDING ACCIDENTS LAWYERS
New York City construction accidents lawyers of our firm represent New York construction workers injured in scaffolding accidents in all New York City boroughs. If you or someone you know has been injured in a scaffolding accident on a NYC job site, call us today for a free case evaluation.New York Scaffold Law - Labor Law § 240(1)
New York law creates strict liability of employers in a many personal injury cases arising out of the use of scaffolding. Working on tall construction sites is hazardous business and New York scaffolding statute is designed to protect workers against the dangers of height-related hazards. Essentially contractors and owners are totally responsible for worksite safety.
Lab. Law§ 240(1) provides:
All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.
What is a scaffold
The law defines a scaffold is a temporary structure of metal, timber, or boards designed mainly for supporting workers and the material used in the work process. That includes the following:
- Devices constructed from planking
- Metal decking
- Boilers
- Make-shift platforms
- Elevated conveyors
- Flatbed trucks
Where does the scaffold law apply
The scaffold law would apply in most cases where a construction worker, either an employee or an independent contractor, is injured in a scaffold incident while working on a construction or renovation project. If a worker sustains injuries as a result of scaffolding that did not provide proper protection, there would be an absolute liability on owners and contractors even if the injured worked was partially negligent and even if the worker assumed the risk of injury.
The scaffold law is not only limited to buildings; it applies to a variety of structures including:
- Cranes
- Electrical signs
- Retaining walls
- Telephone or utility poles
- Utility vans
The law requires that owners and contractors provide safety equipment, including scaffolds, when work is being performed on buildings and other structures. It is not enough for the contractor or the owner to simply have scaffolding on the site. The law is very particular as to the specific requirements. For example, Lab. Law § 240(2) states that scaffolding more than 20 feet from the ground must have a safety rail at least thirty-four inches high. If the proper guardrail is not provided when a scaffold is over 20 feet high, there is a clear violation. That does not mean that there is no need for safety rails on scaffolding that is less than 20 feet high. In those cases, court could still be a violation of Labor Law § 240(1).
If we accept your case, we will not settle for anything less than the optimal result. If needed, our trial lawyers will take your case to trial.
If we accept your case, it will be on a contingency basis, which means that we are not paid unless we recover money for you.
When time comes to speak with a New York City scaffold accident lawyer, call us for a free case evaluation or send us an e-mail with the description of your case.
All calls are answered by attorneys, not receptionists or paralegals!