Construction Injuries and Scaffold Laws in New York

New York City is not only the most populous city in the United States, but it is also home to one of the nation’s busiest construction industries. At any given time, countless overhead construction projects are underway. As construction activity continues across the city, projects involving scaffolding are subject to specific New York laws and New York City regulations. When workers are injured, construction companies may be held to strict legal standards. Because these laws can be complex and may allow employers to raise contributory negligence defenses in certain situations, it is important to have an experienced construction injury lawyer, like the professionals at Levitsky Law Firm, who understands the nuances of New York scaffolding law and can protect your rights.

How Strict Scrutiny Applies in Scaffolding Injuries

The wording of the labor laws governing scaffolding accidents in New York is specific regarding how workers are covered when injuries happen. Contractors often defend against workplace injuries when employees fall, including attempting to use a comparative negligence defense that the worker violated safety measures or was insubordinate in some manner resulting in the injury. However, these defenses are rarely successful because strict scrutiny application means that the injured worker’s attorney is not necessarily required to prove negligence on the part of the employer even when general damages could be available. However, failure to provide safety equipment and enforce the use of the gear can constitute negligence by the employer. This means problems can arise when general or sub-contractors use short cuts and fail to equip those workers with appropriate safety measures.

How This Differs From Standard Workers’ Comp Claims

Workers’ compensation injuries typically are no fault claims, but not in all cases with a scaffolding fall injury. Injured employees are regularly eligible for general damages that do not apply in a standard type of claim because the requirements regarding safety equipment and enforced use are clear in the combined statutes of Labor Law 200, Labor Law 240, and Labor Law 241. The laws are specific regarding which workers are included, and provisions are also made for visitors as well. All must be provided protective gear. In addition, the issue of falling object injury is also addressed, which is the most common injury class. Failure to provide designated safety requirements amounts to employer negligence in many situations, and it also means that injured scaffold workers are often compensated with general damages for long-term ramifications of the injury as their life progresses. General damages are not available in a typical workers’ compensation case for other professions unless additional labor laws are enacted for their craft such as in scaffold workers professions.

Contact a New York City Construction Accident Law Firm

New York City construction workers injured in scaffolding accidents should never accept their employer’s word as the final say after a workplace injury. Instead, contact Levitsky Law Firm to speak with an experienced construction injury attorney who understands New York scaffolding laws and will fight to pursue the maximum compensation available for your injuries.