Because this law allows injured workers to recover more than they would in a normal workers’ compensation case, the courts must be strict about what cases fall under it. The New York Scaffold Law is deliberately written to be very specific about what it covers, and the courts are strict about its interpretation. However, this doesn’t mean all claims under Labor Law section 240 are simple to establish. The New York Scaffold Law is Limited in What it Covers This is an extremely difficult defense to prove, as the worker’s actions are not otherwise considered in evaluating statutory liability. If these factors are established, the only defense available to the Owner and General Contractor is to prove that you were provided with proper safety devices and with safety instructions and that your accident was only caused by your intentional disregard for safety devices and instructions (known as the “worker recalcitrant” defense). All that needs to be proven for a successful claim are: (1) the entity was the Owner or General Contractor of the construction project (2) the activity that produced the injury was covered and (3) your injury was caused by gravity. Because of the strict liability placed on Owners and General Contractors, they have limited defenses. If it didn’t, the New York Scaffold Law will not apply, and you will need to pursue other avenues to cover your claim. When wondering whether the Scaffold Law will cover your injury, the first question that needs to be answered is whether the incident involved gravity. Erection of scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, or related types of equipment.Repairing, altering, painting, or cleaning a building or other applicable structure.Demolition of a building or other applicable structure.Erection of a building or other applicable structure.Below is the list of construction activities that this law applies to: Generally, this law applies to all New York construction with the small exception of one-family and two-family homes that have no commercial purpose and where the Owner does not participate in the control of the construction.įinally, the New York Scaffold Law also outlines the specific types of construction activities that the law applies to. Labor Law section 240 applies only to “gravity-related accidents”, which is broadly defined as injuries related to any injury caused by a fall that involves an elevation change, or an injury caused by a falling object that was improperly hoisted or secured. Caught-in or caught-between (caught or crushed by equipment, structures, or materials) (2.5%).construction industry, known as the “fatal four.” Not surprisingly, falls are hugely in the lead. OSHA also reports the top four fatal accidents in the U.S. The Occupational Safety and Health Administration ( OSHA) has reported an average of 80 deaths and 4,500 injuries caused by scaffolding falls each year, demonstrating this law’s necessity. The New York Scaffold Law was implemented to protect workers from gravity-related risks. When a violation of the law occurs, in addition to a workers’ compensation claim, an injured worker can bring a lawsuit directly against the Property Owner and General Contractor for all related personal injuries and economic damages. This means if a worker falls from a height, or if an object falls from a height that strikes a worker below, that worker can recover against the Property Owner and General Contractor. Specifically, section 240 of the New York Labor Law holds that an Owners and General Contractor are responsible by law if there is a gravity-related accident and resulting injury. The intent behind the law is to place ultimate responsibility for safety practices at construction sites upon the owners and general contractors instead of the workers who are not in a position to protect themselves. New York Labor Law Section 240 is known as “The Scaffold Law.” It places absolute liability upon Owners or General Contractors who do not comply with the statute’s protection.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |