New York State Labor Laws protect workers from injuries they sustain while working at a job site due to unsafe and defective conditions or failure to provide proper and adequate safety equipment and devices.
Specifically, New York State Labor Law Section 240(1) places the ultimate responsibility for worksite safety on the owner and general contractor instead of the employees/workers themselves. Labor Law §240(1) imposes absolute liability on owners, contractors and their agents for any breach of their statutory duty that has directly caused an injury or death. This statute protects workers employed in the erection of a building or structure from the risk of falling from an elevated worksite or from being struck by falling objects.
The contemplated hazards under Labor Law §240(1) are those related to the effects of gravity where protective devices are called for either because of a difference between the elevation level of the required work and a lower level or a difference between the elevation level where the worker is positioned and the higher level of the materials or load being hoisted or secured.
The duty imposed on an owner and contractor by Labor Law Section 240 (1) is non-delegable regardless of whether or not such owner and/or contractor exercised supervision and/or control over the work.
New York State Labor Law Section 241(6) also imposes a non-delegable duty upon owners and general contractors to provide reasonable and adequate protection and safety to persons employed in construction, excavation or demolition work, regardless of the absence of control, supervision or direction of the work.
Labor Law Section 241(6) is designed to protect laborers against unsafe equipment and the lack of safety devices as well as unsafe procedures used during construction. Persons employed in or lawfully frequenting any areas in which construction, excavation or demolition work is being performed may be entitled to the protection of Labor Law §241(6).
New York Labor Law Section 200(1) states that the employer is responsible to provide reasonable and adequate protection to the lives, health and safety of all persons they employ or persons lawfully frequenting the work site. Further, New York Labor Law Section 200(1) provides that all machinery, equipment and devices at the job site should be placed, operated, guarded, and lighted so as to provide reasonable and adequate protection to all such persons.
If you were hurt on the job site, this can result in devastating losses such as high medical costs, loss of income and pain and suffering due to your injuries. If you or a family member were hurt in such an accident, please contact Brindisi, Murad, Brindisi, Pearlman, Julian & Pertz, LLP, LLP today and let us put our experience and education to work for you.
