Learn How Labor Law 240 Protects Your Safety Rights
One of the most popular professions in the country is construction. Approximately 6.5 million individuals are thought to be employed on construction sites nationwide. Around 2.3 million of them are thought to work on scaffolds. These are substantial buildings that allow individuals to work at greater heights. But not every construction site is created equal.
Not taking the proper safety precautions can result in serious injuries or worse. According to the Occupational Safety and Health Administration (OSHA), scaffolding falls result in an estimated 4,500 injuries and 80 fatalities per year.
This is is why construction workers are protected under Labor Law 240.
What Exactly is Labor Law 240?
The rights of construction workers who must work at higher heights are protected by New York’s Labor Law 240. When working on the erection, demolition, repair, alteration, painting, cleaning, or pointing of a building or structure, employees are protected from specific height-related hazards.
The law establishes protections for individuals working at higher heights. Employers are required to provide workers the necessary tools and equipment to protect against falls and flying objects.
Examples of § 240 claims include:
- Falling objects: If the employer or responsible party neglects to guarantee that all tools and materials are mounted and hoisted correctly and a worker is hurt as a result of a falling object, the worker may be entitled to compensation under the § 240 statutes.
- Falling construction workers - According to the law, guardrails and harnesses must be provided for construction workers using scaffolds. Employers who do not comply with this labor law are in violation.
- Unsecured flooring and railing are unstable materials and violate the § 240 laws. To make sure that the premise structures, such as stairways and decks, are of high quality, proper maintenance and site inspections must be carried out.
- Collapsing structures - To prevent workers from falling, employers must check to make sure their buildings are designed properly, much like they must provide stable materials.
In general, employers are supposed to provide the necessary safety equipment, while workers in the construction industry are expected to wear it. An individual may be entitled to compensation if a violation of the labor law 240 occurs.
Three things to consider in all § 240 claims:
- The defendant must fall under the labor laws
- The injured party must demonstrate that the defendant's violation of the labor law caused the injury
- The injured party must be working on a construction site at the time of injury
Call Brandon J. Broderick Now to Discuss Your New York Scaffolding Accident
We believe that while they are working, construction employees should feel safe. Our goal is to respect the laws outlined in Labor Law 240 and hold offenders accountable. Contact our New York scaffolding accident lawyers right away if you were hurt while working at a height or on a scaffold. Let a Brooklyn construction accident lawyer help protect your rights.
Your attorney's experience is essential to developing a compelling argument. Our team of lawyers have decades of experience assisting construction accident victims just like you.